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Agenda 01/24/2006 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 24, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice - Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 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 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 24, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice - Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 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 8 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Major Timothy Roberts, Salvation Army 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. November 15, 2005 - BCC /Regular Meeting C. November 16, 2005 - BCC /Continuation Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation designating February 5 through 10, 2006, as Scout Week. B. Proclamation designating January through December 2006, as the Year of Economic Diversification. To be accepted by Tammie Nemececk, President, Economic Development Council of Collier County; and Todd Gates, President and CEO, Gates McVey. C. Proclamation recognizing South Florida Water Management District for their efforts to preserve and protect our water resources. To be accepted by Clarence Tears, Director, Big Cypress Basin. 5. PRESENTATIONS A. Recommendation to recognize Mary Beck, Executive Secretary, Administrative Services Division, as "Employee of the Month" for January 2006. B. South Florida Water Management District in Collier County Year End Review. Twenty - Minute Presentation by Clarence Tears, Director, Big Cypress Basin and Carol Wehle, Executive Director, SFWMD. 6. PUBLIC PETITIONS A. Public Petition request by Jean Benefico to discuss Vanderbilt Beach parking garage fees. Page 2 of 8 Item 7 and 8 to be heard no sooner than 1.00 P.m., unless otherwise noted 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members CUE - 2005 -AR -8568, Golden Gate Seventh Day Adventist Church, represented by Blair Foley, P.E., requesting a one year Conditional Use Extension as allowed per LDC Section 10.08.00.E.3. Conditional Use2002AR -1943 was approved by the Board of Zoning Appeals (BZA) on October 22, 2002 (Resolution No. 02 -435) of the Agricultural - Mobile Home Overlay (A -MHO) for churches and places of worship. The subject property, consisting of 4.56 acres, is located on the east corner of Immokalee Road and Rivers Road, in Section 30, Township 48 South, Range 27 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2005 -AR -7403 Grand Inn of Naples, Inc., represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 square feet, renovate the existing hotel into a condominium building with 56 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02 acres and is located at 1100 Pine Ridge Road. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX- 2005 -AR -8382: Cleveland Clinic Florida, represented by Jeffrey Nunner, P.E., of Nunner Group LLC, is requesting the second 2 -year extension of the Astron Plaza PUD in accordance with LDC Section 10.02.13.D.5(a). The subject property, consisting of 8.56 acres, is located on the south side of Pine Ridge Road and the north side of 10th Street S.W. in Section 17, Township 49 South, Range 26 East, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX- 2005 -AR -8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A. and R. Bruce Anderson, of Roetzel & Andress, is requesting a 2 -year extension to the ASGM Business Center of Naples PUD. The PUD was originally approved on October 8, 2002 as Ordinance 02 -47, and sunset on October 8, 2005. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard, approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Code Enforcement Board. B. Appointment of member to the Golden Gate Community Center Advisory Committee. Page 3 of 8 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. Recommendation to consider the Habitat Conservation Plan Advisory Committees recommendation to explore the feasibility of a multi- species Habitat Conservation Plan. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) B. Report to the Board of County Commissioners in response to a Public Petition by Mr. Thomas E. Selck regarding the issuing of Building Permit No. 2005080737 for the construction of a single family home located at 3560 21st Avenue SW, Golden Gate Estates. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) C. Recommendation to approve the Courthouse renovations for additional courtrooms, Judges Chambers and additional Judges parking with Kraft Construction under contract number 04 -3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage. Project budget is $3,034,000.00 (Len Price, Administrator, Administrative Services) D. Recommendation to award Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services pursuant to RFP 06 -3916, in the estimated annual amount of $1,200,000. (Jim DeLony, Administrator, Public Utilities) E. Recommendation to award Bid Number 06 -3898 for the purchase of chemicals for use by the Water and Water Reclamation Departments in the estimated annual amount of $2,000,000. (Jim DeLony, Administrator, Public Utilities) F. Recommendation to approve Amendment No. 1 to Contract 05 -3854 Collier County Beach Re- nourishment (Project 90527) with Great Lakes Dredge & Dock Company, LLC which documents contract negotiations leading up to a final contract and increases the sand quantity due to post design erosion for an additional $1,045,825. (Gary McAlpin, Principal Project Manager, Tourism) G. Recommendation to approve specific glitch language to the 2005 Growth Management Bill that addresses Collier County's concerns with concurrency and proportionate share that will be presented to state legislators for inclusion in 2006 legislation. The materials for this item will be provided to the Board of County Commissioners before January 23, 2006. (Debbie Wight, Assistant to the County Manager) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners adopt a Resolution Superseding Resolution No. 94 -136, and providing guidelines for consideration of applicants for appointment to Advisory Boards. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 4 of 8 ---------------------------------------------------------------------------------------------------------------------------- 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 for recording the final plat of Classics Plantation Estates, Phase Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Indigo Lakes Unit Five. The roadway and drainage improvements will be privately maintained. 3. Recommendation to approve for recording the final plat of Ave Maria Phase One, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4. Recommendation to approve an Agreement for Sale and Purchase with Luis Santos, Jr., and Maria Leonor Santos for 5.7 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $194,750. 5. Recommendation that the Board of County Commissioners approve a resolution amending Resolution 05 -409, which established procedures and a regulatory process program for expediting the development review process for qualified Economic Development Council Fast Track projects, in order to correct timeframes for two of the development review processes. 6. Recommendation to approve final acceptance of water and sewer utility facilities for Forest Park, Phase 2. B. TRANSPORTATION SERVICES I. Recommendation to approve the Transportation Disadvantaged Service Plan Update FY 2006. 2. Recommendation to award Bid #06 -3927 Goodlette Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Landscape Maintenance Annual Contract to Advanced Lawn and Landscaping Services, Inc. in the amount of $151,793.40 (Project #601345). 3. Recommendation to authorize the County Manager or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable document, and to accept the grant if awarded. 4. Recommendation to award Bid #06 -3928 Livingston Road (Vanderbilt Beach Road to Immokalee Road) Annual Landscape Maintenance Contract to Commercial Land Maintenance in the amount of $189,398.40 (Project #620717). 5. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of $112,834.14 and recognize Carry Forward in the amount of $162,934.00 for Project No(s). 690821, 600331, 690811, 690822, 600321 and 600501 for a total amount of $275,768.14. 6. Recommendation to award Bid #06 -3926 Golden Gate Parkway (Livingston Road to 66th Street) & (60th Street to Santa Barbara Blvd.) Annual Landscape Maintenance Contract to Advanced Lawn & Landscaping, Inc. in the amount of $117,887.90 (Project 600277). Page 5 of 8 7. Recommendation to authorize the County Manager or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable document, and to accept the grant if awarded. 8. Recommendation to reject the bid for construction of Collier Boulevard Six -Lane Improvements (Golden Gate Boulevard to Immokalee Road), Bid No. 05 -3881, (Project No. 65061, CIE No. 37) submitted by Better Roads, Inc. C. PUBLIC UTILITIES 1. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $60.00 to record the Satisfactions of Lien. 2. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $170.00 to record the Satisfactions of Lien. D. PUBLIC SERVICES 1. Recommend approval and execution of the attached Utility Easement Agreement to Caribbean Venture of Naples, LLC. 2. Recommendation to approve an entertainment contract with CDB, Inc. for $35,000 for a performance by The Charlie Daniels Band at the 8th Annual Country Jam. 3. Recommendation to approve the Summer Food Service Program Grant in the amount of $588,400 for FY2006. E. ADMINISTRATIVE SERVICES I. Approve a budget amendment in the amount of $153,600 for upgrades to the Immokalee Government Center to accommodate the Clerk's back -up computer system. 2. Recommendation to approve and execute the attached Lease Agreement with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, for temporary office space to house the Office of the Public Defender during construction of the new Courthouse Annex building at a first years annual rent of $173,785.68 and relocation expenses of $63,000, Project 52004 -1. 3. Recommendation to ratify additions to, modifications to and deletions from the 2006 Fiscal Year Pay and Classification Plan made from September 18, 2005 through December 30, 2005. 4. Recommendation to approve a General Release on behalf of Collier County Government in the matter of the State of New York versus Willis Group Holdings Ltd., Willis North America Inc. and Willis of New York Inc. (collectively Willis) in exchange for consideration in the amount of $2,852.43. F. COUNTY MANAGER I. Recommendation to approve Sovereign Medical, LLC as the sole source vendor for the purchase of EZ -10 adult intraosseous infusion systems by the Emergency Medical Department at a cost of $29,700.00. Page 6 of 8 2. Recommend Approval of Work Order HM -FT- 3271 -06-03 under contract 3271 with Humiston & Moore Engineers to provide engineering services and construction engineering inspection (CEI) for maintenance dredging of Clam Pass for a not -to- exceed, Time and Material price of $59,820.00 and approve a revised project budget (90028) totaling $265,000 which includes $205,180 for construction dredging and approve all necessary budget amendments. 3. Recommendation to approve Grant Agreement #06- DS- 3W- 09 -21 -01 between the Florida Department of Community Affairs and Collier County accepting $52,957 to fund Homeland Security and Emergency Preparedness Initiatives and approve a Budget Amendment to recognize and appropriate the grant funds. 4. Recommendation to award RFP# 05 -3864 in the amount of $121,775 to Vision Internet for the redesign of the Collier County government web site. 5. Recommendation to reject Bid #05 -3891 for the purchase of Emergency Medications. Recommendation to approve budget amendments. 7. Recommendation to approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for Training and Medical /Rescue Equipment and Supplies in the amount of $137,829.00. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS I. Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. To attend the EDC's 30th Anniversary Kickoff Celebration on January 30, 2006 at the Naples Beach Hotel and Golf Club; $60.00 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Los Tres Reyes Mangos Celebration sponsored by The Naples Hispanic Chamber of Commerce on January 6, 2006 and is requesting reimbursement in the amount of $35.00, to be paid from his travel budget. 3. Commissioner Coletta requests approval for reimbursement to attend a function serving a valid public purpose. Commissioner prepaid to attend "Candidates Night 2006" on February 3, 2006 and is requesting reimbursement in the amount of $40.00, to be paid from his travel budget. 4. Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Economic Development Council's breakfast event to be held on January 25, 2006 at LaPlaya Beach Resort. Reimbursement of $39.00 to be paid from Commissioner Halas' travel budget. 5. Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Economic Development Council's Anniversary Kickoff Celebration at Naples Beach Hotel to be held on January 30, 2006. Reimbursement of $60.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE I. Miscellaneous correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 7 of 8 K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners authorize Public Utilities Engineering Department Staff and the Office of the County Attorney to pursue all legal remedies to recover lost revenue caused by Focus Engineering, Inc. 2. Board approval of amendment to Memorandum of Agreement/Letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Services Division Board pursuant to Collier County Ordinance No. 2002 -27, as amended. 3. An ordinance amending Collier County Ordinance No. 2002 -27 creating the Pelican Bay Municipal Service Taxing and Benefit Unit; providing for: modification of purpose relating to the mangrove forest preserve; change of name of advisory committee to the Pelican Bay Services Division Board; revision of appointment procedures upon vacancy; revision of duties of the advisory committee (Pelican Bay Services Division Board) and the County Manager; multiple vice chairs; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. 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. RZ- 2005 -AR -7825: Mandalay Place LLC, represented by Gary Butler, of Butler Engineering, Inc., requesting a rezone from the Estates (E) zoning district to the Residential Single - Family (RSF 5[3]) zoning district which allows 3 dwelling units per acre. The subject property, consisting of 2.31 acres, is located at 3111 Bailey Lane, in Section 23, Township 49 South, Range 25 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE- 2005 -AR -8626: Barron Collier Companies, represented by Bruce E. Tyson, RLA, AICP, of WilsonMiller, is requesting a Scrivener's Error on the Winding Cypress DRI. The subject property is located in Section 26, Township 50 South, Range 26 East, Collier County, Florida. C. Recommendation that the Board adopt the attached Ordinance to authorize airport- type searches of individuals who enter the W. Harmon Turner Building (Administration Building)at the main Government Complex. D. Recommendation to approve an Ordinance amending Chapter 22, Article IV, of the Collier County Code of Laws and Ordinances, commonly referred to as the Excavation Ordinance. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 8 of 8 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING January 24, 2006 Item 10A: In the Executive Summary under Consideration, it should have been stated that the vote of the Habitat Conservation Plan Advisory Committee was 6:1, with Advisory Committee member Mike Delate in opposition (rather than a unanimous vote.) (Staff's request.) Item 10E: Note that in the Executive Summary under Considerations, the primary vendor for Potassium Permanganate should be "F2 Industries ", rather than "FS" Industries. (Staff's request.) Continue Item 1 O to the February 14, 2006 BCC meeting: Recommendation to approve Amendment No. 1 to Contract 05 -3854 Collier County Beach renourishment (Project 90527) with Great Lakes Dredge & Dock Company, LLC which documents contract negotiations leading up to a final contract and increases the sand quality due to post design erosion for an additional $1,045,825. (Staff's request.) Item 16A5: The County Attorney suggests that the Board adopt a new resolution replacing (superceding) Resolution No. 05 -409 rather than amending Resolution No. 05 -409. (County Attorney's request.) Withdraw Item 16H4: Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Economic Development Council's breakfast event to be held on January 25, 2006 at LaPlaya Beach Resort. Reimbursement of $39.00 to be paid from Commissioner Halas' travel budget. (Commissioner Halas' request.) Item 16K2: (Note that this is a companion item to 17E, originally 16K3.) Board approval of amendment to Memorandum of Agreement/Letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Services Division Board pursuant to Collier County Ordinance No. 2002 -27, as amended. (Staff's request.) Move Item 16K3 to 17E: (This is a companion to Item 16K2). An ordinance amending Collier County Ordinance No. 2002 -27 creating the Pelican Bay Municipal Service Taxing and Benefit Unit; providing for: modification of purpose relating to the mangrove forest preserve; change of name of advisory committee to the Pelican Bay Services Division Board; revision of appointment procedures upon vacancy; revision of duties of the advisory committee (Pelican Bay Services Division Board) and the County Manager; multiple vice chairs; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. Also, the following sentence is to be added to Section Eight: "In the event that there are no prior unsuccessful candidates available for appointment to the PBSD Board as provided herein, the vacant position shall be filled pursuant to the procedures of Collier County Ordinance No. 2001- 55 including as may be amended or its successor ordinance." (Staff's request.) NOTE: On November 1, 2005, the BCC approved the minutes of the Value Adjustment Board - Special Magistrate hearings from the September 23, 2005. The name of the Property Appraiser needs to be corrected. Guy Carlton's name was inadvertently placed in the minutes rather than Abe Skinner. Time Certain Items: Item 4C to be presented immediately followina Item 5B. Proclamation recognizing South Florida Water Management District for their efforts to preserve and protect our water resources. Item 10A to be heard at 11:00 a.m.: Recommendation to consider the Habitat Conservation Plan Advisory Committee's recommendation to explore the feasibility of a multi- species Habitat Conservation Plan. Agenda item No. 4A January 24, 2006 PROCLAMATION Page 1of2 WHEREAS, February 5" through February 10, 2006, commemorates the 96'h Anniversary of Scouting in the United States of America; and, WHEREAS, over 110, 000, 000 young men and women have participoted nationwide in Scouting programs, a number of which live within the Collier County area; and, WHEREAS, the Boy Scouts of America is officially chartered by the United States Congress; and, WHEREAS, the Charter provides for an educational program for boys and young adults to build character, citizenship, and personal fitness; and, WHEREAS, the Mission of the Boy Scouts of America is to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law, and, WHEREAS, the Boy Scouts of America is the largest youth training organization in the world, developing leadership skills among the boys and girls participating in the program; and, WHEREAS, almost 2,300 youth are actively participating in Scouting programs within the geographic boundaries of Collier County, and, WHEREAS, almost 700 adult volunteers in Collier County serve as leaders, mentors, and trainers for the youth participating in Cub Scouts, Boy Scouts, Venturers, Explorers, and Learning for Life; and, WHEREAS, during the week of February 5th through 10th, local scouting units will be hosting numerous events throughout our community in celebration of the founding of the Boy Scouts of America including Scout Sunday services, open houses at their meeting places, community service projects, and sponsoring a booth in the Family Living Tent at the Collier County Fair and Agricultural Exposition. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that February 5th through February 10"', 2006, be designated as Scout Week DONE AND ORDERED THIS 24 ' Day of January, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST. DWIGHT E. BROOK, CLERK Agenda Bert No 4A Jamey 24, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4A Item Summary: Proclamation designating February 5 through 10. 2006. as Scout Week, Meeting Date: 1124.'2006 9 .00'A0 AM Prepared By Melanie Rodriguez Board of County Commissioners Administrative Aide to the BCC BCC Offire Oat. 1111120064:00:46 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/12/2006 7:49 AM Approved By Leo E. Ochs. Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office V1212006 3:21 PM Agenda Item No. 4B January 24, 2006 Page 1 of 2 PROCLAMATION WHEREAS, over the past 30 years, the Economic Development Council has played an essential role in Collier County's growth and economic health; and, WHEREAS, Collier County leadership has focused on creating a sustainable and diversified economy, and, WHEREAS, the Economic Development Council of Collier County has helped to create and retain high wage jobs and expand existing industries, as well as assisted new industries to relocate to the community, and, WHEREAS, the Economic Development Council of Collier County has assisted our community to obtain upward mobility and an improved quality of life through economic diversification; and, WHEREAS, during the period of January 2006 through December 2006, the Economic Development Council of Collier County will continue to strive for increased wealth and prosperity for our community and citizens by ensuring job opportunities through economic diversification. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 2006 through December 2006, be designated as the Year of Economic Diversification DONE AND ORDERED THIS 24th Day of January, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST. DWIGHT E. BROCK, CLERK Agenda item No. 4E January 24, 2006 Pagel of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4B Item Summary: Proclamation aesignahng January through December 2006, as the Year of Economic Diversification To be. accepted by Tammie Nemececk President, Economic Development Council of Collier County/ and Todd Gates, President and CEO Gales McVey. Meeting Date: 1/24,2006 9'.00:00 AM Prepared By Melanie Rodriguez Administrative Aid. to the BCC Date Board of County Commissioners BCC Office 1/11/2006 3:59:47 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/1112006 7:46 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1/12/2006 3:53 PM Agenda Item No. 4G January 24, 2006 Page 1 of 2 PROCLAMATION WHEREAS, the South Florida Water Management District and its local arm, the Big Cypress Basin, has supported Collier County in its efforts to enhance the water resources and environmental quality of the region; and, WHEREAS, the South Florida Water Management District has provided funding for numerous water supply projects to effectively use alternative water supplies to meet future water supply demands of the County, and, WHEREAS, the South Florida Water Management District has aggressively provided public outreach programs to educate the County residents on the importance of protecting the vulnerable water resources of Collier County; and, WHEREAS, the South Florida Water Management District and the Big Cypress Basin continue to work together with Collier County to protect local water and environmental resources for the enhancement of the quality of life for our Community. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the South Florida Water Management District be recognized for their efforts to preserve and protect our water resources, ultimately enhancing the quality of life for all who reside in Collier County. DONE AND ORDERED THIS 24th Day of January, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST: DWI614T E. BROCK, CLERK Artencia Ron No 4C JCnuary 24.2006" Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4C Item Summary: Prociamation recognizing South Florida Water Management District for their efforts to preserve and protect our water resources To be accepted by Clarence Tears. Director. Big Cypress Basin. Meeting Date: V2412006 9 00.00 AM Prepared By Melanie Rodriguez Administrative Aide to the BCC Date Board of County Commissioners BCC Office 1/17/2006 2:49:39 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/17/2006 3:02 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office lit 712006 3:43 PM Agenda Item No. 5A January 24, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Mary Beck, Executive Secretary, Administrative Services Division, as Employee of the Month for January 2006 OBJECTIVE: To recognize Mary Beck, Executive Secretary, Administrative Services Division, as Employee of the Month for January 2006. CONSIDERATIONS: There are certain employees who consistently perform with the highest degree of professionalism, integrity, and dedication to service that they actually raise the bar on expectations. Mary Beck, Executive Secretary to the Administrative Services Division is such an employee. Her good judgment, intuitiveness, and high quality performance alone is cause for recognition. However, recently Mary moved the bar once again. While the Administrator was away at a conference, the EOC was called to activate in response to Hurricane Wilma. Without having to be asked, Mary took it upon herself to ensure the Emergency Information Hotline was staffed and proper supervision assigned, a responsibility held by the Administrator. This task took countless hours and a great deal of coordination to accomplish. She determined and handled all necessary steps to activate the phone bank, followed up on every shift to ensure it ran smoothly, obtained and shared up to date information, and generally accepted full responsibility for the program, which ran without a hitch. It is customary for an Executive Secretary to "hold down the fort" during an Administrator's absence, however, handling a monumental task such as this goes way above expectations. Mary's leadership under these circumstances ensured that the public had access to much needed information during a high- stress situation without delay. During its activation for Hurricane Wilma, the phone bank answered well over 20,000 calls for information and assistance. For her remarkable performance during this emergency situation, it is strongly recommended that Mary Beck be recognized as Employee of the Month. FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Mary Beck is recognized as the "Employee of the Month" for January 2006. PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department. kgenda felt, No SA January 24, 2006 Page; 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: SA .w-. Item Summary: Recommendation to recognize Mary Beck. Executive Secretary . Administrative Services Division, as'Employee of the Month" for January 2006. Meeting Date: 1!24,'2006 9.00 00 AM Prepared By Dawn Ragone Administrative Assistant Date Administrative Services Human Resources 1110/2006 9:56:33 AM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 1/11/200611:57 AM Approved By Len Golden Price Administrative Services Administrator Date Atlrn n.strative Services Administrative Services Admin. 111172006 1:41 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 111112006 3:18 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1!11/2006 4:35 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1/12/2006 3:54 PM Agenda Item No. 6A January 24, 2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 January 5, 2006 Ms. Jean Benefico 690 1004i Avenue North Naples, FL 34108 Re: Public Petition Request to Discuss Vanderbilt Beach Parking Garage Fees Dear Ms. Benefico: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 24, 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. Si rely, James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Maria Ramsey, Public Services Administrator Jan. 5. 2006 8:18AM Please print Name: �. North Bay Bus. No. 174encFa It2m No. 6A January 24, 2006 Page 2 of 2 AM --- ..— W,.wwts • r ew ! ,,ok' dfk -ex sc.211 h.0-as . OF I i �ef�, &11,1Qfo&/ .mod f ertvv� 7`7c,O%` Agenda Item No. 7A January 24, 2006 Page 1 of 15 EXECUTIVE SUMMARY CUE - 2005 -AR -8568, Golden Gate Seventh Day Adventist Church, represented by Blair Foley, P.E., requesting a one year Conditional Use Extension as allowed per LDC Section 10.08.00.E.3. Conditional Use- 2002 —AR -1943 was approved by the Board of Zoning Appeals (BZA) on October 22, 2002 (Resolution No. 02 -435) of the Agricultural - Mobile Home Overlay (A -MHO) for churches and places of worship. The subject property, consisting of 4.56 acres, is located on the east corner of Immokalee Road and Rivers Road, in Section 30, Township 48 South, Range 27 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) approve a Conditional Use Extension for churches and places of worship currently under construction. CONSIDERATIONS: The Petitioner requests an extension of a Conditional Use for churches and places of worship. Section 10.08.E. L states that any Conditional Use shall expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced. The subject Conditional Use was approved on October 22, 2002. The petitioner applied for the extension of the Conditional Use on October 17, 2005. Section 10.08.E.3. states that the Board of Zoning Appeals may grant a maximum of one one -year extension of an approved Conditional Use upon written request of the petitioner. If extended, the Conditional Use will expire on October 22, 2006. A Site Development Plan- Insubstantial Change (AR -8399) and Building Permit (2005043493) for a church is under review. However the Land Development Code (LDC) states that the use shall commence prior to expiration of the Conditional Use (or extension). FISCAL IMPACT: There will be no fiscal impact beyond those detailed in the attached original staff report. Agenda Item No. 7A January 24, 2006 Page 2 of 15 GROWTH MANAGEMENT IMPACT: The subject property is designated "Agricultural/Rural" Receiving Lands in the Rural Fringe Mixed Use District on the Future Land Use Map of the Growth Management Plan's Future Land Use Element. The original analysis in the attached staff report found the petition consistent with the Growth Management Plan (GMP). The GMP was amended in 2004 to add the Rural Fringe Mixed Use District. The intended use is deemed consistent with the Future Land Use Element.. EAC RECOMMENDATION: Conditional Use Extensions are not heard by the Environmental Advisory Council. PLANNING COMMISSION RECOMMENDATION: Conditional Use Extensions are not heard by the Planning Commission. STAFF RECOMMENDATION: Because the use is consistent with the applicable provisions of the Growth Management Plan and the Land Development Code, and construction of the facility is underway, staff recommends that the Board of Zoning Appeals approve petition CUE - 2005 -AR -8568, extending the expiration date until October 22, 2006, subject to the conditions in the resolution. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review +r Agendii Item No 71, Jahuz:ry 24. 2006 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 7A Item Summary: This item requires that al' participants be sworn in and ex parts disclosure be provided by Commission members CUE - 2005 -AR -8568. Golden Gate Seventh Day Aoventlst Church, represented by Blair Foley, P.E., requesting a one year Conditional Use Extension as allowed per LDC Section 10. oS WE .3 Conditional Use2002AR -1943 was approved by the Board of Zoning Appeals (BZA) on October 22, 2002 (Resolution No 02 -435) of the Agricultural - Mobile Home Overlay (A -MHO) for churches and places of worship. The subject property. consisting of 4.56 acres is located on the east corner of Immokalee Road and Rivers Road, in Section 30, Township 48 South, Range 27 East, Collier County, Florida. Meeting Date: V24!2006 9.00:00 AM Prepared By Michael J. DeRuntz Principal Planner Date Commnunity, Development & Environmental Services Zoning & Land Development Review 1211 9;2006 2:33:39 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 12!1912005 7:55 PM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 12%20/2005 8:41 AM Approved By Norm E. Fed— AICP Tmnsportauon Division Administrator Dale Transportation Services Transportation Services Admin. 121281201)5 6:08 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 1/3/2006 1:09 PM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 114/2006 8:35 AM Approved By Susan Murray. AICP Zoning & Land Development Director Date Community Development & En Services Zoning & Land Development Review 1/9/2006 8:49 AM —cre, ental Approved By Marjorie M. Student Assistant County Attorney Date County Attorney County Attorney Office 1110/2006 3:38 PM Approved By Community Development8 Joseph K. Schmitt pate Environmental Services Administrator Community Development & Comnnmity Development 8 Environmental Services Enveronmemal Services Admin. 1110!2006 8:14 PM Approved By OMB Coordinator Adnuntstrative, Assistant Date County Manager's Office Office of Management & Budget 1111!2006 10:30 AM Approved By Mark Isacksoo Budget Analyst Date County Manager's Office Office of Management & Budget 1!1212006 12:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office VIV200612:43 PM ME Blair A. Foley, P.E. Civil Engineer / Development Consultant October 17, 2005 Ms. Christine Willoughby Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Golden Gate 7`b Day Adventist Church Request for CU -AR -1943 Extension Dear Ms. Willoughby: Agenda Item Flo. 7A January 24, 2006 CUE - 2005-AR -8568 Page 4 of 15 CU- 2002 -AR -1943, PROJECT #2001080016 DATE: 11/16/05 MICHAEL DERUNTZ The above referenced project consists of a church facility located on a +/- 4.5 acre parcel. The property is located in S30, T48S, R27E, in Collier County, Florida east of the comer of Immokalee Rd. and Rivers Rd. The pre - application meeting notes erroneously included data indicating information required by submitting a brand new CU request, not an extension. We have discussed this with the Planner, Mr. DeRuntz, and he only requires the application, fee and a copy of the old Resolution. The other information is not required. Please find the following: 1. Check in the amount of $ 3,000 and Affidavit. 2. 20 Applications. 3. Copy of the old Resolution. 4. Copy of the Planning Commission Finding of Fact. 5. Copy of the Legal Description (on reduced survey). 6. Copy of Pre - application notes and Addressing Checklist. Thank you for processing this request. Please call if you have any questions. Sincere , Blair A. Foley, P President RECEIVED OCT 1 7 2005 Blair A. Foley, P.E., LLC - 120 Edgemere Way South - Naples, Florida 34105 239.263.1222 - Fax 239.263.0472 - Cellular 239.289.4900 - email: fois000@aol.com Agenda Item No. 7A January 24, 2006 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRII� 5 of 15 DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 403 -2400 FAX (239) 643 -6968 -- " n*. -L-d=r I I- PETITION NO (AR) CUE-2005 -AR -8568 PROJECT NAME CU- 2002 -AR -1943, PROJECT #2001080016 PROJECT NUMBER DATE: 11/16/05 DATE PROCESSED MICHAEL DERUNTZ ASSIGNED PLANNER ABOVE TO BE COMPLETED BY STAFF ORIGINAL RESOLUTION NO.: GGA -A2- 1g43 DATE APPROVED: (0 ff -ZIyZ PROJECT NAME: 6,Ca _ '7 -DU AD V Q kT't ST- C 14 u K.0 (4 -? 6 Ldey 6,,.;6- NAME OF APPLICANT(S) 7 1-`' ✓ -eed -r 17- C 141U cam. ADDRESS PQ &X 9 9 Z f CITY < STATE iC7(- ZIP� l e TELEPHONE # � / Ar CELL # AJ j FAX # ey14 E -MAIL ADDRESS: N(A NAME OF AGENT '51.4:r n . :;Cv- L f �/ �� . /--L C ADDRESS % ZO f day a psi Pit W AO I C[TY AJ 4l %*'lSTATE- 3 O S- TELEPHONE # n `i' . 2 93, 17- ELL # 2,&9, q ? 0 0 FAX # _ 26 3. b y 7Z— E-MAIL ADDRESS: (?-V- 40 L--• co^"k Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. APPLICATION FOR CONDITIONAL USE EXT — rev. 9/20/04 Aoenda Item No. ?A yJanuary 24; 2006 of 15 r Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) 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/Township /Range 3o /_Y8 5 J Z %E Lot: A114 Block: —,(/k Subdivision: AUIA- Plat Book N14 Page #: A)(A Property I.D. #: OOZiSr{DOO O % Metes & Bounds Description: SEE f11 T Eff u wN e Size of property: -r3ZZ- ft. X t ft. = Total Sq. Ft. 4- c4 $ Acres t y. AC - Address/general location of subject Property. C. S: 4e o ILiy erS AD J A4 44 SBC7 Application Fee: $3,000.00 Make check payable to: Board of County Commissioners Be advised that Section 10.03.05.6.3 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 CONDITIONAL USE EXT — rev. 9120104 • • s � • <C.0Lo o� N o r �' N N m =a c c m Q W Ld N� a al .c $i 5 in qJ U Q ANN m0z�� 0 p ch D $ �� fit tog ih Q awon' z lob D p tai co a. a Lj— o G /'I 1 qq n 2. 9; W q N O 11 gas I RL z£ m 9z�_ s .£ZZ14 CU- 2002 -AR -1943 Exhibit B � 7 t a °' cn o t l 4�x m .5611£ Z£ 3 ..SLzQ.98 N s ur3 cz 3*ww ULnos Z � 7 t a s o t l 4�x .5611£ Z£ 3 ..SLzQ.98 N s ur3 cz 3*ww ULnos gy •q{�IMpi VC $10=X 40 Agenda item No. 7A JJanuary 24. 2006 Page 8 of 15 RESOLUTION NO. 06 - A RESOLUTION FOR THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER CUE- 2005 -AR- 8568 FOR A ONE -YEAR EXTENSION OF CONDITIONAL USE EXTENSION FOR CU- 2002 -AR- 1943 FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE RURAL AGRICULTURAL ZONING DISTRICT WITH MOBILE HOME OVERLAY (A -MHO) FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 30, TOWNSHIP 48, RANGE 27, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on October 22, 2002, the Board of Zoning Appeals approved Resolution Number 02435, attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use pursuant to Subsection 2.2.3.3.5 of the Land Development Code (Ordinance No. 91 -102, as amended), for a church and other places of worship, on the below described property; and WHEREAS, Subsection 10.08.E.3. of the current Land Development Code (Ordinance No. 044I, as amended) provides that the Board of Zoning Appeals may grant one one -year extension for a conditional use which has not been commenced. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The written request of Blair A. Foley, PE, LLC. for one one -year extension of conditional use # CU- 2002 -AR -1943 for Golden Gate Seventh Day Adventist Church in interest of the following described property: "Exhibit B" is hereby approved pursuant to Subsection 10.08.E.3 of the Land Development Code, and all conditions applicable to Resolution No. 02 -435, attached hereto and incorporated herein as Exhibit "A ", is hereby extended for one additional year until October 22, 2006. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. CUE- 2005-AR -8568 1 of 2 Agenda Item No. 7A January 24, 2006 Page 9 of 15 This Resolution adopted after motion, second and majority vote. Done this day of -2006. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA DEPUTY CLERK Approved as to form and legal sufficiency: Mar)on M. Student --Stirling Assistant County Attorney CUE - 2005 -AR -8568 2 of 2 , CHAIRMAN Agenda Item No. 7A. January 24, 2006 Page 10 of 15 RESOLUTION NO. 02-4 3 5 A RESOL ON PROVIDING FOR THE ESTABLISHMENT OF CONDITION USE "7" FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE "A -MHO" .ZONING DISTRICT PURSUANT TO SECTION 2.2x2.3 OF THE COLLIER COUNTY LARD DEVELOPMENT CODE FOR ROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, .. and Chapter 125, Florida S tutes, has conferred on Collier County the power to establish, coordinate and enforce zonin and such business regulations as are net for the protection of the public; and WHEREAS, the Coi nty pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for a zoning of particular geographic divisions of the County, among which is the granting of Cond 'oral Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board fo the area hereby affected, has held a public hearing after notice as in said reguIations' made and Vrovided, and has considered the advisability of Conditional Use "7" of Section 22.23 in an -MHO" Zone for a church and other places of worship on the property hereinafter describ and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement ha a been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Co ssjoa; and WHEREAS, all jilt d parties have been given opportunity to be heard by this Board in a public meeting assembled the Berard having considered all matters presented. NOW, THEREFORE, I E IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FL02IDA that: The petition, identified )I as CU- 2002 -AR -1943, filed by Terrance L. Kepple, of Kepple Engineering Inc. representing Golden Gate Seventh Day Adventist Church stating with respect to the property hereinafter describ�d as: Exhibit 'B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use • "7" of Section 2.22.3 of the "A- MHO" Zoning District for a church and other places of wo 'pin accordance with the Conceptual Master Plan (Exhibit "C"; and subject to the following co *lions: Exhibit "D" which is attdched hereto and incorporated by reference herein. EXHIBIT "A" Agenda Item No. 7A January 24, 2006 Page 11 of 15 BE IT FURTHER RESOLVED. that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this � day of .2002. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BYa iAMIWN. COLETTA, ..q�i.. , yC� 1 A. rl �f Clerk S ,r Q 3 +fiirman's Jijq uhf gilY• s Lw �`.�d > kQFot and %Rr L• ^ Patrick G. White Assistant County Attorney Attachments: A. Findings of Fad B. Boundary Survey and Legal Description C. Conceptual Master Plan D. Proposed Conditions CU- 2001- AR- 1943fMnO FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2002 -AR -1943 The following facts are found: Agenda Item No. 7A _ January 24. 2006 Page 12 of 15 1. Section 2.2.2.3.7. 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 `0 No Based on the above findings, this conditional use should, with stipulations, (copy attached) Q&Mdd!s� be recommended for approval DATE:—q, 0- - e EXHIBIT A . o � P Wei i co co c V1 W' co cz 'O fin- Lu A Y Q Q Z. NNW � •a— � >— y� : J�Z ° �iN m cnQ •W�•W < x= 0 0 0 L V Ln W9_ $ W'� CY— •g g� V) a �� will r� T d 0,w 0 Faso m `1 CL < € •r M a Tj p P 194 Y CL s In Late OQ A ,1 9 1 g I c� b N 0 N I� M! a In M_9Z.£4.98 S ,£271£ lu t e * • .O A tl lag • is . . e M • A s r, • i 1 Z • I 1 t rile, ,66'112 CU- 2002 —AR -1943 a w 61• d:m4ma1'ACNQILaDS d0 7GMI0'J f/1 KI.MOR! 34219 1V I.nwnrrr -Apo" _V f11AfY)1 Application Request Detail Report Agenda It stem 7A Januanu , 2 24, 24, 2006 CDPR5002 - Application Request Report Page 14 of 15 APP NBR PROJ NBR APP CODE STATUS STAGE REVIEW LEVEL 8399 2001080016 SDPI RESUBMIT 1 APP DESCRIPTION STAGE NAME: REVIEW STAGE NO. 1 OPEN DATE OPEN USER ACPT DATE ACPT USER CLOSE DATE CLOSE USER EXP DATE 9/26/2005 WILLOUGHBY_C 9/27/2005 MONROIG_I APPLICANT INFORMATION OWNER INFORMATION APPL NAME OWN NAME BLAIR FOLEY, PE, LLC GOLDEN GATE SEVENTH DAY ADDRESS ADDRRESS 120 EDGEMERE WAY SOUTH ADVENTIST CHURCH PO BOX 9921 CITY STATE ZIP CITY STATE ZIP NAPLES FL 34105 NAPLES FL 341011921 PHONE PHONE (239)263 -1222 FAX FAX (239)263 -0472 OTHER OTHER CHANGE Insubstantial change to SDP -AR -4112. JUSTIFICATION AADT UNITS IMPERV SQFT PLANNER 0 Ross Gochenau SURVEY REVIEWS REVIEWS PENDING 6 0 ROAD TYPE CANCEL DATE SCHED EXP DATE ADDTL INFO: Collier County CD -Plus for Windows 95/98/NT LOT NO LOT MIN SIZE CIP NBR ATTACHED PLANS ACRES ROAD MILES 0.00 EXP USER CANCEL USER Printed on: 12/01/2005 5:15:31PM Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT APPLICATION PERMIT 0: 2005043493 ISSUED• MASTER #: 2005043493 coA #: 03 -2930 JOB ADDRESS: 2320 RIVERS RD JOB DESCRIPTION: CBS FELLOWSHIP HALL /400A SUBDIVISION #: 100 - acreaae FLOOD MAP: 0225 ZONE: D FOLIO #: 0000000218400007 Agenda item No. 7A January 24, 2006 Page 15 of 15 PERMIT TYPE: BC3 VALID ii: 493 APPLIED DATE: 04 -28 -05 APPROVAL DATE: JOB PHONE: (239)430 -7444 BLOCK: 079 LOT: .000 ELEVATION: SECTION - TOWNSHIP -RANGE 30 48 27 OWNER INFORMATION: CONTRACTOR INFORMATION: GOLDEN GATE SEVENTH DAY VICTORIAN HOMES, INC. ADVENTIST CHURCH 222 INDUSTRIAL BLVD., UNIT #138 & 149 PO BOX 9921 NAPLES, FL21B0' 341011921 NAPLES,FL 34104 - CERTIFICATE #: 25577 PHONE: (239)352 -7333 FCC CODE: 319 - A /CHURCHES & OTHER RELIGIOUS CONSTRUCTION CODE: RE16 / CBS /RES 2003 - TYPE V - UNPROTECTED JOB VALUE: 650,000.00 TOTAL SQFT: 5,203 SETBACKS FRONT: REAR: LEFT: RIGHT: S• SEPTIC WATER: WELL Ct, . :CT NAME: TIMOTHY CONTACT PHONE: (239)430 -7444 Per Collier County Ordinance No. 2002 -01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER TIRE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332 -6975. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 Agenda Item No. 8A January 24, 2006 Page 1 of 125 SUPPLEMENTAL EXECUTIVE SUMMARY Petition: PUDZ -A- 2005 -AR -7403 Grand Inn of Naples, Inc., represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 square feet, renovate the existing hotel into a condominium building with 56 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02± acres and is located at 1100 Pine Ridge Road. SUPPLEMENTAL ANALYSIS: At the December 13, 2005 Board of County Commissioners (BCC) meeting, the BCC voted unanimously to allow for a continuation of the proposed Pine Ridge Mixed -Use Center Planned Unit Development (PUD) amendment. The amendment is seeking to convert the currently existing 105 unit hotel to a 56 unit residential condominium. In addition to this change, the applicant is seeking to reduce the wide array of commercial uses permitted by the current PUD (all permitted uses within the C -2 Zoning District with the exception of a gas station) to a single commercial use, a maximum 10,000 square foot restaurant. At the December 13, 2005 BCC hearing, the Board identified a number of concerns over the proposed amendment, primarily centered upon adequacy of parking for the project and general compatibility issues. At the conclusion of the hearing, the applicant requested a continuation from the Board to confer with the property owner to potentially identify measures to address the BCC's reservations. It should be noted that during the December hearing, the applicant offered to commit $1,000 per unit to the County's Affordable Housing program and commit to a mandate of 2 parking spaces per unit regardless of the unit type. Staff has incorporated the donation to the County affordable housing fund and commitment to 2 parking spaces per dwelling unit regardless within the PUD document. The applicant has not indicated to staff other changes to the proposal other than those mentioned above. The applicant has indicated that for the January 24, 2006 hearing they will provide a clearer description of the history of the project, a quantitative analysis of the benefits conveyed upon the surrounding area from the conversion of commercial to residential use, and a specific disclosure of the fiscal barriers present to allow for inclusionary zoning within the project. It is the applicant's belief that this detailed presentation, in addition to the changes referenced above, will address the concerns expressed by the BCC at the December 13, 2005 hearing. The Executive Summary prepared for the December 13, 2005 BCC public hearing is attached with the full agenda packet. PREPARED BY: Mike Bosi, AICP, Principal Planner Zoning and Land Development Review PUDZ -A -AR -7403 Agenda Item No. 8A January 24, 2006 Page 2 of 125 EXECUTIVE SUMMARY Petition: PUDZ -A- 2005 -AR -7403 Grand Inn of Naples, Inc., represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 square feet, renovate the existing hotel into a condominium building with 56 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02± acres and is located at 1100 Pine Ridge Road. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The Pine Ridge Medical Center PUD is an existing commercial PUD that was authorized by Ordinance 95 -52. The PUD, as it exists today, allows for a maximum development of 40,000 square feet of retail use and 20,000 square feet of general office use, or 60,000 square feet of medical office, or a hotel (105 rooms) and associated restaurant. The commercial activity allowed within the existing commercial PUD allows for uses permitted by the Collier County Land Development Code, C -2 Commercial district, with the exception of gasoline service stations. The 4.02 -acre subject property currently supports an 8,000+ square foot restaurant and a 105 -room hotel. The proposed MPUD provides for a commercial component of up to 10,000 square feet and a maximum 56 residential dwelling units, or 14 units per acre. The amendment is seeking to eliminate the majority of the commercial uses and square footage allowed within the MPUD by eliminating all other commercial use except for restaurants without a drive through. The Grand Inn of Naples, Inc, the owner of the on -site hotel of the same name, is sponsoring the proposed PUD amendment. The existing restaurant on -site is not co- sponsoring the proposed amendment. The property is located within a Mixed Use Activity Center, designated by the Future Land Use Element (FLUE) Map. The existing land uses within this Activity Center are all commercial - office and retail within the Pelican Bay PUD, and conventional commercial zoning (C -1, C -3, and C -4). Existing patterns of land use within two radial miles of the project also include residential, industrial, institutional and essential service uses. The proposed MPUD amendment is focused on the change in use of the existing four - story, 105 room Grand Inn hotel. The proposal would allow for the conversion of this structure from a 105 -room transient lodging facility to a maximum 56 unit multi - family residential structure. The existing 5,500 square foot restaurant is expected to remain unchanged as a result of the proposed MPUD amendment. It should be noted that based upon the current site design of the project, during the conversion of the Agenda Item No. 8A January 24, 2006 Page 3 of 125 .-- existing hotel to a residential structure, to obtain the maximum 56 units allowed by the proposal, modifications to the current site layout will be required through the Site Development Plan (SDP) amendment process. Site Development Plan SDP -97 -147, which governed the site design for the current hotel and restaurant, provides for 175 parking spaces for both facilities. The restaurant parking calculation was calculated at 1/2 the required number of spaces, taking advantage of a parking reduction when a restaurant is integrated with a hotel. The restaurant was only required to provide 46 parking spaces, but with the conversion of the hotel to a residential structure, that parking reduction will no longer be applicable, thus requiring the restaurant to provide a total of 102 parking spaces. This would leave only 73 parking spaces in balance for the residential uses to draw upon. The Land Development Code (LDC) will require from each multi- family residential unit a parking demand of: 1 parking space per unit plus visitor parking computed at 0.5 spaces per efficiency unit, 0.75 per 1- bedroom unit, and 1 per 2- bedroom or larger unit. Based upon these demands, the 56 units could not be realized without modifications to the current site design and spatial configuration. The Transportation department has reviewed the petitioner's Traffic Impact Statement (TIS) and finds the following: The proposed petition will result in a reduction of approximately 495 site - generated weekday trips over the existing approved zoning. The Boundary Survey and PUD Master Plan do show that the current development provides some pedestrian and bicycle access to the adjacent western, eastern, and southern existing and future projects through existing. sidewalks. The site also has vehicular access to Castello Drive to the south, and will provide for a potential interconnection with the Goodlette Corners commercial PUD immediately to the east of the project. The intent is for mixed -use projects to be developed at a human scale, pedestrian- oriented, and interconnected with adjacent projects. Further, Policy 7.3, in an effort to support the Community Character Plan, states that all new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. ,— GROWTH MANAGEMENT IMPACT: 2 s— Agenda Item No. 6A January 24, 2006 Page 4 of 125 The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict ( #12), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses (C1 -05), residential uses, institutional uses, and hotel /motel uses at a density consistent with the Land Development Code. Density is calculated based upon the gross project acreage within the Activity Center and a density of up to 16 residential units per gross acre is allowed. Mixed -use developments, whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building, are allowed. Additionally, the subject property supports Policy 7.5, which states that the County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and /or adjacent to commercial development. Below is the list of "factors to consider during review of a rezone petition" within an Activity Center, followed by staff analysis /comment: • Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. This petition is a rezone from PUD to PUD. The minimum size for rezoning is 40, 000 square feet; and the subject site is 4.02 acres (1 acre = 43,560 sq.ft.) • The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; Not applicable since the property is already zoned commercial and will be replacing a portion of its commercial square footage to accommodate residential uses. • Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; Not applicable, note statement above. • Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; The existing land uses within this Activity Center are all commercial - office and retail within the Pelican Bay PUD, and conventional commercial zoning (C -1, C -3, and C -4). Existing patterns of land use within two radial miles of the project also include residential, industrial, institutional and essential service uses. Based upon the above analysis, staff concludes the proposed PUD rezone may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: 3 Agenda Item No. 8A January 24, 2006 Page 5 of 125 Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section (4.4), of the Pine Ridge Mixed -Use Center MPUD document provides a commitment that the most current environmental regulations will control all development within the PUD. The subject site is completely altered, isolated by a major roadway and development, and is actively used as a commercial parcel. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not required to go before the Environmental Advisory Council due to the limited size ( +4.02 acres) of the parcel. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The Collier County Planning Commission heared this petition on November 17, 2005. The Commission motioned to forward petition PUDZ -A- 2005 -AR -7403 to the Board of County Commissioners with a recommendation of approval with three modifications to the proposed PUD document by a unanimous 8 to 0 vote. The three modifications to the PUD document are: reduction of the maximum number of units to 56 from 64, modification of the B1 landscape buffer along the southern property boundary to meet the LDC requirement for a concrete or masonry wall, and for the PUD master plan to be modified to identify a potential interconnection with the Goodlette Corners commercial PUD immediately to the east of the project. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: • The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. • The proposed land uses are compatible with the existing land use pattern. • The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. • The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private shall be provided. STAFF RECOMMENDATION: 4 Agenda Item No. 8A January 24, 2006 Page 6 of 125 Staff analysis indicates that the proposed Pine Ridge Mixed -Use Center MPUD is compatible with surrounding land uses. Staff recommends that the Board of County Commissioners approve Petition PUDZ -A- 2005 -AR -7403 subject to the Pine Ridge Mixed -Use Center MPUD document attached to this Executive Summary. PREPARED BY: Mike Bosi, AICP, Principal Planner Zoning and Land Development Review 5 Agenda ten No 8A Je.nuary 24, 2006 Page 7 of 125 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8A "'- Item Summary: This item requ— that all participants be sworn in and ex pane disclosure be provided by Commission members. PUCZ -A- 2005 -AR -7403 Grano Inn of Naples, inc.. represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10.000 square feet renovate the existing hotel into a condominium building with 56 residential units and change the name of the PUD. The property 1. be considered for this rezone is located in Section 15, Township 49 South. Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02 acres and is located at 1100 Pine Ridge Road. Meeting Date: 1124,'2006 9:00:00 AM Prepared By Mike Bosi. AICP Principal Planner Date Community Development & Zoning & land Development Review 1812006 2:14:56 PM Environmental Services Approved By Sandra Lea Executive Ser.retary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 18!2006 3:39 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental S— ces Admin. V412006 8:21 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 114/2006 8:43 AM Approved By Ray Bellows Chief Planner Date Cornrnunity, Development & Zoning & Land Development Review U612006 3:05 PM Environmental Services .�.. Approved By Susan Murray, AICP Zoning & land Development Director Date Community Development & Zoning & Land Development Review 1/912006 8:30 AM Environmental Services Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 111 0/200 6 1:20 PM Approved By Community Development & Joseph K. Schmilt Environmental Services Adminstrator Date Community Development It Community Development & Environmental Services Environmental Services Admin. 1/10!2006 6:12 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Otrice Office of Management & Budget 1!t 112006 10:30 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1!12'2006 12:50 PM Approved By James V. Mudd County Manager Dale Board of County County Manager's Office 111 2'2006 7:25 PM Corrmr —ners Agenda Item No. 8A January 24, 2006 Page 8 of 125 Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: OCTOBER 20, 2005 SUBJECT: PETITION PUDA -05 -AR -7403 AGENT /APPLICANT: OWNER: Grand Inn of Naples, Inc 1100 Pine Ridge Road, 4`h Floor Naples, Florida 34108 AGENT: Michael Fernandez, AICP Planning Development Incorporated 5133 Castello Drive, Suite 2 Naples, Florida 34103 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider a proposed rezone from the Pine Ridge Medical Center PUD zoning district to the PUD Mixed Use zoning district for the purpose of revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to a maximum of 10,000 square feet, renovate the existing hotel into a condominium building with a maximum of 64 residential units and change the name of the PUD. GEOGRAPHIC LOCATION: The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02± acres and is located at 1100 Pine Ridge Road. (See location map on the following page) PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 1 5 Y C A" ftq* o� MO OL M / E Agenda Item No. 8A January 24, 2006 Page 9 of 125 PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 2 a. .tx �2 Ui H a) a. U 0' 0 pmw ��.zr.l M Ell 6 �. ' 1 i 1 � PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 2 a. .tx �2 Ui H a) a. U 0' <up �o co O CV O <- p (N z p a) —m0) cz � � a C � Q £ QnclW asn PQXTW QSprg Quid `£OtL-2Id-S0 -VCnd .r. j:� filOd�lY�'1M�YM'Y YIYIO /VlrfyM00tlYapaltp t M^7d tBib1'R Q/Jd �31YbOdSO�B1N31Yr1073�i30.JYTd ww. ��0 G , 1 ^_m^ y� O �� E YE 1 nuui oa cio j oNicnins 3aywols nas Amois -u-n ! x � of N LA .= 'c 'F 1 > > # � oo r ppO M�2t3Y0w0� C9 oad013 aoNn I3A" 30rasow WW '1! st 2 W 2 w .L'B. 2 Y; z o cr4 � W y Q w F OW CL � < v w Z� M -Z ��= 12-E � og Obi: SM z 0 In LM I i cc CO t"' ■ IL � tJ �J / I S h W w 1 Alp aU .°�.. i 83_"ng 3dr -nOMr1 .L'8- and .0 qt �' Q Q w ! tzlHalc ONINOZ wom3nr#m J ; I �0 M31N33 JNIddOFiS 3OVid NV0113d I o �]dd � z o Agenda Item No. 8A January 24, 2006 Page 11 of 125 PURPOSE/DESCRIPTION OF PROJECT: The Pine Ridge Medical Center PUD is an existing commercial PUD that was authorized by Ordinance 95 -52. The PUD, as it exists today, allows for a maximum development of 40,000 square feet of retail use and 20,000 square feet of general office use, or 60,000 square feet of medical office, or a hotel (105 rooms) and associated restaurant. The commercial activity allowed within the existing commercial PUD allows for uses permitted by the Collier County Land Development Code, C -2 Commercial district, with the exception of gasoline service stations. The 4.02 -acre subject property currently supports an 8,000+ square foot restaurant and a 105 -room hotel. The proposed PUD provides for a commercial component of up to 10,000 square feet and a maximum 64 residential dwelling units. The amendment is seeking to eliminate the majority of the commercial uses and square footage allowed within the PUD by eliminating all other commercial use except for restaurants without a drive through. The Grand Inn of Naples, Inc, the owner of the on -site hotel of the same name, is sponsoring the proposed PUD amendment. The existing restaurant on -site is not co- sponsoring the proposed amendment. The property is located within a Mixed Use Activity Center, designated by the Future Land Use Element (FLUE) Map. The existing land uses within this Activity Center are all commercial - office and retail within the Pelican Bay PUD, and conventional commercial zoning (C -1, C -3, and C-4). Existing patterns of land use within two radial miles of the PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 4 Agenda Item No. 8A January 24, 2006 Page 12 of 125 SURROUNDING LAND USE AND ZONING: Subject Parcel: Existing Hotel and Restaurant, zoned PUD Surrounding- North: Existing Residential structure, zoned RSF -1 East: Existing Self- Storage warehouse, zoned CPUD, Goodlette Corners South: Existing Residential structures, zoned RSF -4 West: Existing Commercial plaza, zoned C4 t � RI. RM H+� IAEDGL CDM rC-O r+/ MW aioaE ! j p�MM 1 riiif � 1=WLET7E1 1 t 7 • A n `R A 14 a V M a f MLAMO DFA* 1 to f Is 1 is a u n U% 'm +■ e I J97N_Snl +IAF . a ■ 1 .a a a t a n •• t a A +: n 9 �,1- AVENM �roao E • 1 X . a , . . I. Tv MANAGEMENT PLAN CONSISTENCY: 1 i i J+ The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict ( #12), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses (C1 -05), residential uses, institutional uses, and hotel/motel uses at a density consistent with the Land Development Code. Density is calculated based upon the gross project acreage within the Activity Center and a density of up to 16 residential units per gross acre is allowed. Mixed -use developments, whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building, are allowed. Additionally, the subject property supports Policy 7.5, which states that the County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and/or adjacent to commercial development. PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 5 Agenda Item No. 8A January 24, 2006 Page 13 of 125 -- Below is the list of "factors to consider during review of a rezone petition" within an Activity Center, followed by staff analysis /comment: Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. This petition is a rezone from PUD to PUD. The minimum size for rezoning is 40, 000 square feet; and the subject site is 4.02 acres (1 acre = 43,560 sq.ft.) • The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; Not applicable since the property is already zoned commercial and will be replacing a portion of its commercial square footage to accommodate residential uses. • Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; Not applicable, note statement above. • Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; The existing land uses within this Activity Center are all commercial - office and retail within the Pelican Bay PUD, and conventional commercial zoning (C -1, C -3, and C -4). Existing patterns of land use within two radial miles of the project also include residential, industrial, institutional and essential service uses. Based upon the above analysis, staff concludes the proposed PUD rezone may be deemed consistent with the Future Land Use Element. Transportation Element: The Transportation department has reviewed the petitioner's Traffic Impact Statement (TIS) and finds the following: The proposed petition will result in a reduction of approximately 495 site - generated weekday trips over the existing approved zoning. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) and was found consistent with the policy. The consistency finding provides a statement to the project, that when developed, it will not excessively increase traffic congestion. Open Space /Conservation: A minimum of 30 percent open space of the gross site area, as described in Chapter 4.02.01 of the Land Development Code (LDC) and Policy 1.1.6 of the GMP, will be required of the PUD. PUDA -05 -AR 7403, Pine Ridge Mixed Use MPUD 6 Agenda Item No. 8A January 24, 2006 Page 14 of 125 !.A NO -DR FLUE Map URBAN RESIDENTIAL SUBDISTRICT I . ACTIMiY cem 5111051W ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Chapter 10.03.05 of the Land Development Code (LDC) and required staff evaluation and comment. The Planning Commission also will utilize these criteria as the basis for their recommendation to the Board of County Commissioners (BCC). Appropriate evaluation of petitions for rezones to PUDs should establish a factual basis for supportive action by appointed and elected decision - makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit `B "). Environmental Analysis: Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section (4.4), of the Pine Ridge Mixed -Use Center MPUD document provides a commitment that the most current environmental regulations will control all development within the PUD. The subject site is completely altered, isolated by a major roadway and development, and is actively used as a commercial parcel. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. Transportation Analysis: Transportation Department Staff has reviewed the petition and notes the following: The Boundary Survey and PUD Master Plan do show that the current development provides some pedestrian and bicycle access to the adjacent western, eastern, and southern existing and future projects through existing sidewalks. The site also has PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 7 Agenda Item No. 8A January 24, 2006 Page 15 of 125 vehicular access to Castello Drive to the south. Street, pedestrian pathway, and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged within the Mixed Use Activity Center Subdistrict. The intent is for mixed -use projects to be developed at a human scale, pedestrian- oriented, and interconnected with adjacent projects. Further, Policy 7.3, in an effort to support the Community Character Plan, states that all new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Although the subject property is already developed, the adjacent property to the east is not, allowing for the investigation of a possible street interconnection between the two. Utility Issues: The Utilities Department staff has reviewed the petition and has indicated that public utilities are currently available to the site to accommodate the projects expected demands. Zoning and Land Development Review Analysis: As noted, the subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict ( #12), as identified on the Future Land Use Map of the Growth Management Plan. The existing PUD was approved in 1995 and provides for a maximum development of 40,000 square feet of retail and 20,000 square feet of general office or 60,000 square feet of medical office, or a 105 -room hotel and associated restaurant. The latter of the development scenarios currently occupies the subject property. The proposed amendment will limit the commercial uses allowed by the PUD to a maximum 10,000 square foot restaurant without a drive through. Additionally, the amendment is proposing an exchange of the 105 transient lodging units to a maximum 64 residential units. As indicated within the TIS submitted within the application package, the proposed change will result in a reduction of 495 daily trips for the project. (As shown below) Ttible 1 Trip Generation Pine Ridse Mixed tine Center PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 8 105 -room Hotel OM 310 30 20 50 25 30 55 935 Existing Use 7000 sq. R Restaurant 50 40 90 45 40 $5 1,015 932) Total Trips 80 60 140 70 1 70 140 1,950 pfd 64 Condominium Units (wC 230) 5 30 35 30 14 • 40 440 Uses 8,000 sq, ft. Restaurant WC 932) 50 40 90 45 40 85 1,015 Total Trips 55 70 125 75 50 125 1,455 Trip Reduction -25 -10 -15 +5 -20 -15 -495 PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 8 Agenda Item No. 8.A January 24, 2006 Page 16 of 125 The subject property is located on Pine Ridge Road with the main access to the development aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive. The proposed PUD amendment is focused on the change in use of the existing four - story, 105 room Grand Inn hotel. The proposal would allow for the conversion of this structure from a 105 -room transient lodging facility to a maximum 64 unit multi - family residential structure. The existing 5,500 square foot restaurant is expected to remain unchanged as a result of the proposed PUD amendment. It should be noted that based upon the current site design of the project, during the conversion of the existing hotel to a residential structure, the maximum 64 units allowed by the proposal could not be realized due to a parking shortfall. Site Development Plan SDP -97 -147, which governed the site design for the current hotel and restaurant, provides for 175 parking spaces for both facilities. The restaurant parking calculation was calculated at '/2 the required number of spaces, taking advantage of a parking reduction when a restaurant is integrated with a hotel. The restaurant was only required to provide 46 parking spaces, but with the conversion of the hotel to a residential structure, that parking reduction will no longer be applicable, thus requiring the restaurant to provide a total of 102 parking spaces. This would leave only 73 parking spaces in balance for the residential uses to draw upon. The Land Development Code (LDC) will require from each multi - family residential unit a parking demand of: 1 parking space per unit plus visitor parking computed at 0.5 spaces per efficiency unit, 0.75 per 1- bedroom unit, and 1 per 2- bedroom or larger unit. Based upon these demands, the 64 units could not be realized without major modifications to the current site design and spatial configuration. The proposed PUD amendment is seeking a residential density and commercial intensity that is consistent with the Growth Management Plan, but the reality of the dimensional standards and regulations incorporated with the proposed PUD document, in addition to the Land Development Code, will ensure that the proposed change to the PUD will not result in an over - intensification to the 4.02 acre site. The proposed PUD amendment is seeking changes to the existing PUD document that focus upon the existing four -story Grand Inn hotel, but the proposal is also requesting minor modifications to landscape buffers required of the project (Section 3.3.G.) Within this section, the PUD document states that the following buffers are considered to meet or exceed LDC required buffers. The section then precedes three varieties of buffer types: "D.1", `B- 1 ", and `B -2 ". The `B -1" landscape buffer, as indicated within the PUD master plan, is placed on the southern boundary of the project, adjacent to the residential homes which share a common property line with the project. Below is the full requirement of the specific buffer. PUD Type "B.1 " Landscaped Buffer: LDC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. The Land Development Code requires that a masonry wall or prefabricated concrete wall /fence is required when a non - residential development lies contiguous to a residentially PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 9 Agenda Item No. 8A January 24, 2006 Page 17 of 125 zoned district. Based upon the LDC requirement for a masonry wall or concrete fence, the applicants proposed `B -1" buffer does not meet or exceed the LDC required buffer, as stated by the PUD. Staff is recommending that the requirements contained within the proposed `B- 1" buffer proposed by the applicant be revised to meet the LDC requirement. NEIGHBORHOOD INFORMATION MEETING lNIMI: The applicant held the required meeting on June 7, 2005 at 5:30 P.M. at the Grand Inn hotel site. Approximately twelve persons other than the applicant's agent and County staff attended. Of those neighboring property owners who spoke, all stated common concerns regarding increased traffic impacts to the surrounding neighborhood streets. Several stated there are already problems with noise from the adjacent Bennigan's restaurant and car lights shining into their residences from the parking lot. At least one person repeatedly insisted a concrete wall be constructed by the developer between the current hotel site parking lot and the adjacent residential properties in place of the chain -like fence that's currently there. Mike Bosi advised the neighbors that a wall to be constructed between the commercial and residential uses is a mandatory requirement of the code. Two other people said they'd prefer residential uses rather than commercial at the site, unless the commercial were office buildings. Mr. Fernandez responded to questions about parking, saying the existing lot would be shared common parking, not reserved parking. The existing restaurant is under separate ownership from the Grand Inn hotel. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDZ -A -AR -7403 with the modification to the B -1 landscape buffer to require a masonry wall or prefabricated concrete wall/fence, this action would repeal and replace Ordinance Number 95 -52 as described by the Ordinance of Adoption and exhibits thereto, the Pine Ridge Mixed Use MPUD regulatory document. PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 10 Agenda Item No. 8A January 24, 2006 Page 18 of 125 PREPARED BY: 4 -.;10- os MIKE BOSI, AICP PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1 VIE BY: PATRICK TE VATE ASSISTANT COUNTY ATTORNEY FOR - FAMI — SAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: / 3 � K. SC MITT ADNIINISTRATOR IYATt TIITY DEVELOPMENT AND NMENTAL SERVICES DIVISION Tentatively scheduled for the November 15, 2005, Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: , CHAIRMAN PUDA -05 -AR -7403, Pine Ridge Mixed Use MPUD 11 Agenda Item No. 8A January 24, 2006 Page 19 of 125 REZONE FINDINGS PETITION RZ -04 -AR -7403 Section 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed policies of the Futur e Management Plan. 2. 0I 4. change will be consistent with the goals, objectives and Land Use Map and the elements of the Growth The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan (GMP). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses (CI-05), residential uses, institutional uses, and hotel/motel uses at a density consistent with the Land Development Code. Density is calculated based upon the gross project acreage within the Activity Center and a density of up to 16 residential units per gross acre is allowed. Mixed -use developments, whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building, are allowed. Additionally, the subject property supports Policy 7.5, which states that the County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and/or adjacent to commercial development. The existing land use pattern; North: Existing Residential structure, zoned RSF -1 East: Existing Self- Storage warehouse, zoned CPUD, Goodlette Corners South: Existing Residential structures, zoned RSF-4 West: Existing Commercial plaza, zoned C4 The possible creation of an isolated district unrelated to adjacent and nearby districts; Commercial and single - family zoning districts surround the subject site. The proposed conversion of the existing 105 transient lodging units to a maximum 64 multi - family residential units will not create an isolated, unrelated zoning district. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn with all property governed by the PUD being located within an Activity Center. EXHIBIT "A" Agenda Item No. 8A January 24, 2006 Page 20 of 125 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The existing commercial zoning boundaries for the subject site falls entirely within an Activity Center, as designated by the Growth Management Plan (GMP). The proposed PUD amendment, which exchanges transient lodging for residential units, is a scenario that falls within the range of activities contemplated for areas within an Activity Center. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The local area, eastern segment of the U.S.41/Pine Ridge Road intersection, is populated with developed commercial parcels and existing single- family parcels. The proposed PUD amendment is a change in use (from transient lodging facilities to residential units) that is allowed for within an Activity Center. The reduction in trips generated by the proposed amendment, as indicated by the Traffic Impact Statement (TIS) submitted with the application, will place less of a strain of the infrastructure of the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of the project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project, when developed, will not excessively increase traffic congestion. As noted, the proposed change will result in an overall decrease in daily trips within the area. 8. Whether the proposed change will create a drainage problem; The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Section 4.02.0l.B.1 of the LDC requires that 30 percent of the project will be dedicated to usable open space or lands reserved for conservation purposes. This EXHIBIT "A" Agenda Item No. 8A January 24, 2006 Page 21 of 125 commitment, in combination with the landscape buffers required of the PUD, and the development standards required by the PUD will ensure that this project, when developed, will not adversely reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; As noted, the project lies within an Activity Center, the preferred location for the concentration of commercial, high- density residential and mixed -use developments. The proposed change to residential use, in general planning theory, is more compatible to the surrounding residential land uses and; therefore, is not expected to adversely affect property values. Within this petition, an appraisal of estimated future property values resulting from a rezone was not required. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The regulations contained within the proposed PUD document are constructed to minimize the effect of the allowable uses on the surrounding properties. The proposed PUD rezone, with a requirement of 60 percent dedicated open space is not viewed as a deterrent to the development or improvement of the adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed PUD zoning does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; There is no reason that the property cannot be used in accordance with the existing commercial zoning. The proposed PUD amendment does not proposed to eliminate the commercial zoning, rather modify the zoning to that of a mixed -use project, based upon the market constraints faced by the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed rezone complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. The proposed conversion of transient units EXHIBIT "A" Agenda Item No. 8A January 24, 2006 Page 22 of 125 to residential units within the PUD is viewed by staff as compliant with the needs of the neighborhood, as well as the County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites which are zoned to accommodate the proposed development. However, this proposal is a request to convert commercial zoning to that of mixed -use zoning. This exchange is an action that is viewed by the Growth Management Plan as consistent. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The PUD is an existing facility and the proposed change is generally limited to a change of use. The existing hotel is expected to undergo interior renovations, but the overall site design, which currently exists for the PUD, is only anticipating minor modifications. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi- disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. EXHIBIT "A" Agenda item No. 8A January 24, 2006 Page 23 of 125 FINDINGS FOR PUD PUDZ -A- 2004 -AR -7403 Section 10.02.12 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Public utility facilities and services are currently available in this area of Collier County. The local area, the southern segment of the US 41/Pine Ridge Road intersection, is populated with developed Commercial parcels, and existing single - family development. The proposed Mixed Use MPUD amendment will align with the existing land use pattern in the area. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Pine Ridge Mixed Use Center MPUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 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. EXHIBIT `B" Agenda Item No. 8A January 24, 2006 Page 24 of 125 Pine Ridge Mixed Use MPUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. The exchange of 105 transient lodging units, for the proposed 64 residential units, is viewed as more compatible with the existing residential dwelling units to the south of the project. The development standards and commitments contained within the PUD document will ensure that the proposed rezone will not negatively impact the surrounding developed and undeveloped neighboring properties. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by the PUD Document (30 percent) is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing or sequence of development in light of concurrency requirements is not a significant problem. All development authorized by the MPUD is required to meet concurrency requirements at the time of Site Development Plan approval. The improvements proposed by the MPUD Document are that of redevelopment. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict ( #12), as identified on the Future Land Use Map of the Growth Management Plan. Ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. Infrastructure is in place in the vicinity and its adequacy will be determined at the time of SDP approval. S. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed PUD document conforms to PUD regulations or requests deviations that staff analysis finds justified. EXHIBIT `B" Agenda Item No. 8A January 24, 2006 Page 25 of 125 [0R%ID APPLICATION FOR PUBLIC HEARING FOR: [IPUD REZONE (PUDZ) ®PUD TO PUD REZONE (PUDZ -A) Petition No.: Date Received: 1. General Information: Planner Assigned: Commission District: ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) Grand Inn of Naples Inc. Applicant's Mailing Address 1100 Pine Ridge Road, 4t' Floor City Naples State Florida Zip 34108 Applicant's Telephone # (239) 649 -1230 Fax #(239) 649 -4237 Applicant's E -Mail Address: N/A Name of Agent Michael Fernandez Firm Planning Development Incortaorated Agent's Mailing Address 5133 Castello Drive, Suite 2 City _Naples State Florida Zip 34103 Agent's Telephone # _(239) 263 -6934 Fax # (239) 263 -6981 Agent's E -Mail Address: PDIMRF(a�aol.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 Application For Public Hearing For PUD Rezone 6114/04 Agenda Item Flo. 8A January 24, 2006 Page 26 of 125 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Master Association: Grand Inn of Naples A Condominium Mailing Address 1100 Pine Ridge Road, 4t' Floor City Naples State FL Zip 34108 Name of Civic Association: Mailing Address City State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Application For Public Hearine For PUD Rezone 6114/04 Agenda Item No. 8A b. If the property is owned by a CORPORATION, list the officers and stockhold�e nuary. 24, 2006 d? 125 percentage of stock owned by each. Name and Address, and Office Percentage of Stock Michael Kessous, PResident 100% Registered Agent C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: Application For Public Hearine For PUD Rezone 6114104 Agenda Item No. 8A January 24, 2006 Page 28 of 125 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ( X ) leased (): 12/31/97 Term of lease yrs. /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 15 Township: 49 South Range: 25 East Lot: 51 Block: Subdivision: Plat Book 2 Page #: 2 Property I.D. #: 6194212003 4.6599000009 46599000025 4659900004 Metes & Bounds Description: Please see attached Legal Description 4. Size of property: 302± ft. X 537± ft. + 127± ft. X 105± ft.= Total Sq. Ft. 175,509± Acres 4.02+ 5. Address /general location of subject property: 1100 Pine Ridge Road Application For Public Hearing For PUD Rezone 6/14/04 6. PUD District (LDC 2.2.20.4): ❑ Residential Agenda Item No. 8A ❑ Community Facilities January 24, 2006 ® Commercial ❑ Industrial Page 29 of 125 7. Adiacent zoning and land use: Zoning Land use N ROW/ RSF -1 Pine Ridge Road / sini?le- family residential S ROW / RSF -4 Castello Drive / single - family residential on individual lots E PUD commercial — Goodlette Corners PUD W C-4 _ commercial: restaurant and retail (Pelican Placel Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section: Township: Lot: Block: Range: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 8. Rezone Request: This application is requesting a rezone from the PUD zoning districts) to the PUD zoning district(s). Present Use of the Property: hotel and restaurant Proposed Use (or range of uses) of the property: mixed -use: multi- family residential and restaurant Original PUD Name: Pine Ridge Medical Center Ordinance No.: 95 -52 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff s analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative AApatication For Public Hearing For PUD Rezone 6/14/04 statement describing the rezone request with specific reference to the criteriaAlib%4 " - 8A ianuar 4, 2006 Include any backup materials and documentation in support of the request. Page 30 of 125 PUD Rezone Considerations (LDC Section 2.7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 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. 3. Conformity of the proposed PUD.with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications ofsuch regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A Application For Public Hearine For PUD Rezone 6/14/04 11. Additional Submittal requirements: In addition to this completed application, t�iie Iterp No. 8A 9�1O 92006 shall be submitted in order for your application to be deemed sufficient, unless Visef 125 waived during the pre - application meeting. a. A copy of the pre - application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8%2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, c . An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet)- of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8A January 24, 2006 f. Statement of utility provisions (with all required attachments and sketches); Page 32 of 125 g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. j. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 Phone (23 9) 435 -2122; Fax (23 9) 435 -2160 k. An electronic version of the PUD on a disk as part of this submittal package. 1. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based- on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. Land Use Petition Continuance Fees: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees Application For Public Hearin¢ For PUD Rezone 6/14/04 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE RE QL1 a Item No. 8A uary 24, 2006 Page 33 of 125 1. NAME OF APPLICANT: Grand Inn of Naples, Inc. 2. MAILING ADDRESS: 1100 Pine RidLye Road, 40' Floor CITY Naples STATE Florida ZIP 34108 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1100 Pine Rid:re Road 4. LEGAL DESCRIPTION: Section: 15 Township: 49 South Range: 25 East Lot: 51 Block: Subdivision: Plat Book 2 Page #: 2 Property I.D. #:_ 61942120003. 465( 4659900004 ?9000009146599000025 Metes .& Bounds Description: Please see attached leQaI description 5. TYPE OF SEWAGE DISPOSAL- TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [� b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM [J PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM M b . CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM M PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7 AmAication For Public Hearine For PUD Rezone 6114104 Agenda Item No. 8A January 24, 2006 Page 34 of 125 7. TOTAL POPULATION TO BE SERVED: maximum number of units (64) x 2 =128 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 49,280 AVERAGE DAILY 19,712 B. SEWER -PEAK 56.000 AVERAGE DAILY 16,000 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A 10. NARRATIVE STATEMENT: Provide a brief 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. N/A 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. N/A 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre- application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. See enclosed Availability email from the City of Naples Utility Provision Statement RJM 10/17197 Application For Public Hearing For PUD Rezone 6/14/04 PUD REZONE APPLICATION Agenda Item No. 8A January 24 2006 SUBMITTAL CHECKLIST Page 35 of 125 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PAC_KRT► REQUIREMENTS OF 1. Completed Application/PUD documents Es NOT coP REQUIRED REQUIRED 24* 2. Copy of Deed(s) and list identifying Owner(s) and all Partners 24* if a Corporation 3. Completed Owner /Agent Affidavit, Notarized 24* 4. Pre - application notes /minutes 24* 5. Conceptual Site Plans 24* 6. Environmental Impact Statement - (EIS) — Waiver Request X 7. Aerial Photograph - (with habitat areas identified) x S. Completed Utility Provisions Statement (with required 24 attachments and sketches 9. Traffic Impact Statement - (TIS) 24 10. Historical & Archaeological Survey or Waiver Application X 11. Copies of State and /or Federal Permits X 12. Architectural Rendering of Proposed Structure(s) x 13. FlApplication Fee — "PUD Rezone" = $10,000 + $25 per acre $10,891.00 _e ®Comprehensive Planning Consistency Review = $2,250 enclosed ® Application Fee — "PUD to PUD Rezone" = $8000 + $25.00 Check per acre # 5321 Legal Advertising Fees - $681.00 CCPC & $205.00 BCC Fire Code Review = $150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic copy of all plans and documents on a disk as j art of the submittal packet. 15. Affordable Housing Density Bonus Agreement including all X Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 24 17. Letter of no objection from the United States Postal Service 24 18. OTHER REQUIREMENTS: * Documents required for Long -Range Planning Review * 1 additional copy if for affordable housing — N/A 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. A nt/Apphcant Signature Apolication For Public Heyrine For PUD Rezone 6114104 e�4 Zl 2w5 Date 5LN I bY: t'LANN1NU UtVtLUI'MtN I 1NLUht'UhA 1 i 2:iy el d Uj Id4l AFFIDA VIT UtU-2U-U4 rAUt d /;J Agenda Item No. 8A January 24, 2006 Page 36 of 125 Well, Grand Inn ofNaales, Inc. being first duly sworn, depose and say that we/1 amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other .supplementary matter attached to and made a part of this application are -honest and true to the best of our knowledge and belief. We/I understand that Me information requested on this application must be complete and accurare 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 Wall further authorize Planning Development IncoMorated /Michael Fernandez to act as our /py-�epresentative in any matters regarding this Petition. Si of. By: Michael Kessous President Grand Inn of Naples, Inc. T'he ore oing ins ment was acknowledged before me this _ AA day of f�► 200_ by who is personally known to me or has produced as identification. State of 177orida County of Collier E oBPATRICIASTEVENS 6AY COMMIS'310H # DO 252214 tG° EXPIRES: De!xmber 3, 2007 •NOTARY FL Notary Discount Assoc. Co. Ar r4kfton For public Hearin For PUU'Itamoy WL4104 {Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) PINE RIDGE MIXED USE CENTER PUD AMENDMENT APPLICATION FOR PUBLIC HEARING FOR: PUD TO PUD REZONE (PUDZ -A) APPLICATION FEE CALCULATION PUD Amendment Application Fee ($8,000.00 + $25 x 4.2 acres - $500.00 pre - application meeting fee) Fire Code Review Comprehensive Planning Consistency Review Legal Advertising for the Planning Commission Legal Advertising for the Board of County Commissioners Total (Check # 5321 enclosed) Agenda Item No. 8A January 24, 2006 Page 37 of 125 $ 7,605.00 $ 150.00 $ 2,250.00 $ 681.00 $ 205.00 $10,891.00 Agenda Item No. 8A January 24, 2006 Page 38 of 125 3838 TAMIAMI TRAIL NORTH 5321 NAPLES, FLORIDA 34103 MK DEVELOPERS, INC. 1100 PINE RIDGE ROAD 63- 1016(670 NAPLES, FL 34106 1/21/2005 PAY TO THE Board of Collier County Commissioners $ "* 10,891.00 ORDER OF Ten Thousand Eight Hundred Ninety -One and 00/ 100ww* wwwww• wwwwwwwwwwwwwwwwwwwwwww *wwwwwwssws *wwwwwwwwwwwwww DOLLARS MEMO Board of Collier County Commissioners no u- i:067010L991: 10010L522911, J� Cc ``♦ �O S� Agenda Item No. 8A January 24, 2006 Page 39 of 125, 1v11t-.r1AZJ- ic. 1.tK1vAN1)hL, A1C .P PLANNING DEVELOPMENT INCORPORATED Development Consultants, Engineers,.Planners and Landscape Architects . 5133 Castello Drive, Suite 2, Naples, Florida, 34103 239 / 263 -6934 239 / 263 -6981 fax PDI MRF @ AOL.COlv1 MARCH 2005 Agenda Item No. 8A January 24, 2006 pang a.n of 125 PINE RIDGE MIXED -USE CENTER PUD .AMENDMENT APPLICATION SUBMITTAL PACKET TABLE OF CONTENTS ! EXHIBITS - Twenty -Four (24) Sets, Each Containing the Following: A. PUD to PUD Rezone Amendment Application Form with exhibits Includes signed Affidavit and Application Fee Check Calculation. B. Copy of Pre - Application Meeting Notes and Addressing Checklist C. Letter of Authorization with Legal Description D. Land.Ownership Exhibit . PUDZ -A- 2005 -AR -7403 E. Location Map PROJECT # 2005030054 - DATE: 3130105 F. U.S. Postal Service Letter of No Objection MIKE BOSI G. City of Naples — Utility Letter H. Project Narrative I. Transportation Impact Statement (TIS) J. Environmental Impact Statement (EIS Waiver Request) K. Current Pine Ridge Medical Center PUD Document I Ordinance 95 -52. L. Proposed Pine Ridge Mixed -Use Center Planned Unit Development (PUD) Document with 8 %" x 11" PUD Master Plan M. Proposed Pine Ridge Mixed -Use Center Planned Unit Development'(PUI?) Document — Highlighted and Underlined Version N. PUD Master Plan - Proposed/ 24" x 36" Plan O. Boundary Survey — 24" x 36" with Owner Sworn Statement PINE RIDGE MIXED -USE CENTER PUD AMENDMENT MARCH 2005 ; Agenda Item No. 8A January 24, 2006 Page 41 of 125 VNEIRLIDGE MIXED -USE CENTER PUD AMENDMENT EXHIBIT A Re- submittal Agenda Item No. 8A PUDZ- 2005- AR- 74Uuary 24, 2006 Project # 200503005,J'age 42 of 125 PUD Rezone Considerations (LDC Section 10.02.13.6) Date: 7/8105 Mike Bosi 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property is located within a designated mixed use activity center and the proposed amendment to a mixed use zoning district and land use furthers the goals and policies and intent of the Growth Management Plan while providing for enhanced compatibility to the abutting nonresidential land use. Existing infrastructure needs are generally lessoned by the proposed amendment. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation 'with-the county attorney. The owner has provided evidence of unified control as required by submittal requirements. 3.. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. Activity Centers are the preferred locations for the concentration of commercial, high- density residential and mixed -use development activities. The subject property is located on Pine Ridge Road with the main access to the development aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive. This strategic location allows the site superior access for the.plocement of mixed -use activities. The project development utilizes creative land use planning consistent with Policy 5.3 of the Future: Lane Use Element. The project development is.consistent with Policy 5.3 for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban. The ' project is compatible with adjacent land uses through the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein. The project development is a mixed -use development and utilizes innovative land development techniques consistent wifh Policy 5.6 of the Future Land Use Element. The project development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element. The proposed residential density of 76 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 16 units per gross acre. ximum: Subject Property Area is 4.02 acres x 76 units per acre = 64 dwelling units ma r Agenda -Item No: $,A,. January 24,. 2006. Page 43:df, 12 . The project will be served by a complete range of services and utilities as^ approved by the County. Water and sewer utilities are provided by the City of Naples. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 4: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of .improvements, restrictions on design, and buffering and screening requirements. The proposed amendment does not propose a change from the existing internal land use site design, nor does the change of use necessitate internal changes of design, buffering or screening. The mixed use concept does not appeal to all, however shall generally attract those seeking the convenience of location and associated mixed use benefits: - The proposed amendment is a lessoning of impacts on adjacent land uses and therefore is a contextual enhancement which requires no additional restrictions or requirements. S: The adequacy of usable open space areas in existence and as proposed to serve the development. The PUD is existing and the change is generally limited to a change1'of use. The existing hotel . structure from hotel commercial to a less intense residential use within a mixed use district. The existing PUD provides for 30 percent open space and the proposed amendment proposes to maintain this same standard which has been determined by the County to be appropriate with such land use 6 The timing or sequence of development for the purpose of as the adequacy of available improvements and facilities, both public and private The subject property is presently served by all required infrastructure and the proposed amendment will maintain or decrease intensity of use and therefore adequacy is assured. The change of use will. - additionally require the payment of impact fees which .pay for new' impacts: New impact fees which were not previously collected include, but are not limited to: school and park impact fees. 7 The ability of the subject property, and of surrounding areas to accommodate expansion. The proposed amendment is generally considered a lessoning of intensity and therefore is not an expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed amendment is not seeking deviations or modification from the existing applicable zoning district (PUD) regulations or other applicable EDC Standards. SON, CD O .o� O co 0 m co Z O O O N O N d N L C] 4 O N CD "D En 0 V N P- 0 CD r O d T r N N C r r v eC6 p� r CL Ln CD O 6ci r C 6% V). ra r EPr V3} a ui N LnOOO000m z O O O O x 0 0 o 0 0 z 00 CD o 0 0 0 0 J O Q O 613 U N • 11.1 .� O _ O !-- Q) I-_ /W� LLB . - � N co m U Q o} CL m 'Ir Ile} 6F} Q LO CD O O O co O m co � O O O N O N d N O C] 4 O N CD M 0 O N P- 0 CD r O T r N N C r r v eC6 p� r r Ln CD r 6ci r 6% V). 69 r EPr V3} a 1 LnOOO000m O x 0 0 0 0 0 0. 00 CD 0 0 0 0 0 0( O Eih O 613 1- N M T- V O O !-- Q) I-_ - � N co N LO o} 'Ir Ile} 6F} Q Co 'O O Cl O N O O OR v O O O ti O ID O N O 00 CD O N r- C4 CD O .N m Ln LL') m O co O O CO LO m N cl r CV N vi r- L r CD r r W) M 6% V9- r V - V) de) EPr N 69 YI � m N N C V � � � m C 0 � V d N d L O M IM L C. L m i C ax W 0 LO O ti N Lt i 69 0O C uj O O T LD W H Z W a O N a ti O O co ca L 0 L 0 Q f0 m a C) L N ca a 1— 0. to Impact 1, ee Calcuiator rage i ci i Parks (Community and Regional }: Agerrtla item tea: 8A - January 24;2006 Collier County Government Page 4 5 pf 125 Schools: �— $0.00 Roads: $455,070.00 Collier County Community Development Services $18,720.00 Impact Fee Estimator $3,990.00 The following Information was used to estimate your Impact Fees: $24,713.85 1. Structure: Hotel Total Fees: $610,980.00 2. Total Square Footage: 80000 3. Number of Buildings or Facilities: 1 4. Multiple Factor ( Students /Beds /Baths /Units /Etc ): 105 5, Number of Stories for a Multi - Family Dwelling: 0 6. Located in Ochopee or Capri fire District: NO Note: At this time, Water and. Sewer Impact Fees are NOT included. Please contact Utilities at 732-2571 for water and sewer impact fees. Impact Fee Cost Parks (Community and Regional }: $84,486.15 Libraries: $0.00 Fire: $24,000.00 Schools: �— $0.00 Roads: $455,070.00 Jails: $18,720.00 Emergency Medical Services: $3,990.00 Government Buildings: $24,713.85 Total Fees: $610,980.00 Impact Fee Calculator - Page I of 1 Agenda Item. No. 8A January 24, 2005 Page 46 of 125 Collier County. Goverrirri.ent commDeYHOMe Collier County Community Development Services Impact Fee Estimator The following Information was used to estimate your Impact Fees: 1. Structure: Home - Multi - Family 2. Total Square Footage: 80000 3. Number of Buildings or'Facilities: 7 4. Multiple Factor (Stu den ts /Beds /Baths /UnitsfEtc): 64 5. Number of Stories for a Multi - Family Dwelling: 4 6. Located in Ochopee or Capri Fire District: NO Note: At this time, Water and Sewer Impact Fees are NOT included. Please contact Utilities at 732 -2571 for water and sewer impact fees. Impact Fee Cost $93,020.80 Parks (Community and Regional): Libraries: $11,862.40 Fire: $12,000.00 Schools $52,928.00 Roads: $285,696.00 Jails: Emergency Medical Services: $7,550.72 $5,952.D0 Government Buildings: $11,297.60 Total Fees: $480,307.52 Agenda Item No. 8A January 24, 2006 PRE- APPLICATION MEETING NOTES rape 48 of 125 ❑ PUD Rezone ® PUD to PUD Rezone 9:30 Firm: 'roject Name: _Pine Ridge Medical Center, 1100 Pine Ridge Road, applicant Name: _Michael Fernandez )wner Name: Michael Kessous Phone:-263-6934 honer Address: Phone: Meeting Attendees: Planner: _Mike Bosi �/ wC C - muss ML.r[ L (.W�xs 0"'C' L�Lc\.a_a_ Submittal Requirements efer to application for additional requirements) 14 Copies of the following: ;❑ d� ' et i s a Tri e �e3)� N G Completed Application Pre - application Meeting Notes Conceptual Site Plan 24X 36" and One 8' /s X 11" copy PUD document and Master Plan 2 Copies of the following: Deeds/Legals & Survey (if boundary of original PUD is amended) List identifying Owner & all parties of corporation Owner /Agent Affidavit signed & notarized Completed Addressing Checklist 4 Copies of the following: Environmental Impact Statement (EIS) or waiver ❑ Historical Survey or waiver request ❑ Utility Provisions Statement w /sketches 2 Architectural rendering of proposed structures Architectural Review required ❑ Survey, signed & sealed Seven (7) Traffic Impact Stateme (TIS) waiver ❑ Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' ❑ One (1) EIectronic copy of all documents in Word format and plans (CDRom or Diskette) ❑ One (1) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435 -2122. 09/19/2004 22:55 6595724 ADDRESSING Agenda Item IN 8A SENT 8Y: PLANNING DEVELOPMENT IN�;OAPOAAT; 239 283 8834; SEP -29 -04 9:18AM; Jq,M-Y91,2006 Page of125 ADDRF4SING CRECJWT Please complete the following and submit to the Addressing Section for Review. Not xl iteg will Ml q wry PMjeqL, Items in b2M bV J&S? Madid- 1. Legal W04e-1 C.LVLL 2. Folio {Prover 3. Street address or of subject property or properties (Copy of lenghy description. may be attacha4) _. _ bit A - ftlles kn Co Tittle Fauns is 51.21- 51.3 51.4,;5L 5 51.6. 51.7, S 2 1 number(m) of above (attach to, or associate wltl; (as applkable, ff already M , rqw n., gal descriprlon if more ri:a t one) 4 1�Q47 and 604 , QQ- D000q .. y.L,599aoo< �s � t.teS490000y 4.. Location map, showing exact location of project/site in relation to nearest 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPFRTIF,S) 6. Proposed project name (if applicable.) 7. Proposed Street names (fapplicable) NIA 8. Site Development Plan Number (FOR. EXISTING PROJECTSISITES ONL1') SDP 97 -147 and 97 - 147(a) and (b) road right-of'-way ;atrach) 9. Petition Type - (Complete a separate Addressing Cheoklist for each Petition Type) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) ❑ SDPA (SDP Arntmdment) PSP (Preliminary Subdivision Plat) SDPI (SDP Insubstantial Change) FP (Final Plat) SIP (Site Improvement Plan) LLA (Lot Line Adjustment) ❑ STPA (SIP Amendment) BL (Blasting Perrnk) ❑ SNR (Street Name Change) ❑ ROW (Right-of-Way Permit) ❑ Vegetation/Exotic (Veg. Removal Permits) EXP (Excavation Permit) ❑ Land Use Petition (Variance, Conditional Use, VRSIT (Veg, Removal & Site Fill Pei nit) Boat Dock Ext., Rezoac, PUD rezone, etc.) ® Other - Describe: PUD Av=dme currently PUD #R -90-25 / Ordinance 95 -52 _ 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) I l . Please Check One: Checklist is to be Faxed Back Personally Picked Up 12. AppHeant Name Michael Fernandez / Pte, Phone 263 -1939 Fax 263-•6981 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is sL bjeat to further review by the Addressing Scctioz FOR STAFF USE ONLY Primary Number 15-7 q 9 $ Address Number 1 505 Add=s Number l$oS9 Address Number 15g_ o r RCV6 -� 3.21 -01 Approved by �'J --mogm Date „g-�30 D C Agenda Item No. 8A January 24, 2006 Page 50 of 125 PINE RIDGE MIXED -USE CENTER PUD AMENDMENT • �•• •+ ..+ .+... �� v. ai�r inw�r unri r 40= <DJ DUO*' LJtU' LU - U4 1 G : "F'M - ; F'AUh 2/3 Agenda Item No. 8A January 24, 2006 Page 51 of 125 LETTER OF AUTHORIZATION • The undersigned do hereby swear or affirm that they are the fec simple title holden and owners of record of the property currently known as Pine Ridge Mixed- Use Center PUD and legally described as follows: PLEASE SEE ATTACHED EXHIBIT "A" The Property described herein is the subject of an application for a Planned Unit Development (PUD) Amendment and subsequent development orders within Collier County. We hereby designate Plannine Develavmmd lncgrporated f Michael R Fernandm AICP as the legal representative of the property and as such, this individual is authorized, to legally bind all owners Of the property in the course of seeking the necessary approvals to develop this site. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain development permits frc m Collier County, Florida Power & Light (FPL), Flo ' Department of Transportation (FDOT), and /or Florida Department of Environmental PruitictionATmpi President Grand Inn of STATE OF FLORIDA - COUNTY OF COLLIER "IA to ( ) subscribed fore me this o�, ,day of 2004 who is personally known to me or who has Produced its i Wjorb. PATRICIA STEVENS MY COMMISSION # DD 2522214 Notary Public ocF4 °� EXPIRES: December 3.2007 SEAL My Commi FL Wary okscount Assoc. Co. Name Died, Printed or stamped Agenda Item No. 8A January 24, 2006 Page 52 of 125 Exhibit A LEGAL DESCRIPTION A lot or parcel of land lying in Lot 51, NAPLES rNPROVEMENT COMPANY'S LITTLE FARMS according to a map thereof recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: 1. From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (EV2) of the West linlf (WU2) of said Lot 51 to the point of beginning; thence run South along the West line, of said East lialf (El/2) of the West half (W112) for 316.5 feet more or less to the South line of said Lot 51; thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (EV2j of the West half (WU2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning; being West 150 feet of said East half (EV2) of the West lialf (WI/2) of Lot 51, less and except the North 10' lhercof. 2. East 150 feet of the West 300 feet of 'dic East half (EV2) of the West (WV2) of Lot 51, NAPLES DAPROVEMENT COMPANY'S LITTLE FARMS, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and cxccpt the Northerly 15' thereof. 3. A lot or, parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof, as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (El/2) of the West half (WU2) of said Lot 51; thence run Easterly along the North line of said Lot 51 for 375 feet to the point of bcginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said cast half (EV2) of the West half (WV2) for 316.5 feet mo��rFF or less to the South line of said Lot 51; thence run East along said South line for 75 feet; thence 31r0vpra'ra 1cl to said West line of Lite East half (EU2) of the West half (1 /2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 75 feet to the point of beginning; being the East 75 feet of the West 450 feet of said East half (EV2) of the West half (W 1/2) of Lot 51. 4. South 105 feet of the East 125 feet of the West 1/2 of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as 'recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. 5. East half (1/2) of the West half (WU2) cxccpt the East 125 feet and except tltc West 450 feet of Lot 51 Icss the North 15 feet for right -of- -way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Pint Book 2, nt Page 2, Public Records of Collier County, Florida.. 6. East 75 feet of the West 375 feet of the East half (E1/2) of the West half (WU2) of Lot 51 less the North 15 feet for right -of -way, NAPLES IMTROVEMENT CO1v1PANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. I cv w ..cam era "Cl 0 w 0 Agenda Item No. 8A January 24, 2006 Page 53 of 125 PINE RIDGE M D -USE CENTER PUD AMENDAlENT EXHIBIT D LAND OWNERSHIP EXHIBIT 71b h0hum m VM P I LTMa COW, m t+fodnat�•TA. • lOi7'aiaei Teel Tiad�, lath tat 2266115. OR: 2377 PG: 3302 mL1t1lD is o rem mttnsl d e n m awe, n li1l11l1 tt 11:11!1 lRigf t. imC[, tHli !NI 1MIII/.N me M U.l1 Ice -M 14N.N ?"Aw no 3410 $tor: slow I CM _f• TadLDA. ittV32M M. 1171 tlQ1iI >;1 #12 (tarn! Tors ID. so.o.,t,.+.lrss..tQ bw>3Rit n Him r WARRANTY DEID F TEiIS D ®fs made this 3 t 4 day of D==ber 1947, bem= G.C. DEVELOPERS OF NAPLES, INC., a FlcrW& corporation, Grantor and GRAND INN OF NAPLES, INC., a Florida " corpowtiom, Grantee, wbow post office address is 3838 Tsaniami Trial Noah, Suite 410, Napier, Florida 34103. Than said Gaaatca, for god in wnsidcratwn of the sums of Tea and OOnOO Dollars (510.00), and othea• good and valuable ideation io said Grantor in bead paid by said Grantee, the reo t k. whestof is leaeby admowiadv4 bas gransed, bagame I and sold b the acid Grantee, and Gantee's F bey and ampms forever, the following dewaibed land, situate, lying and being is Coiliez Coemty, Florida, to-wit: r See ExIsAnt "A" suschod ber ato and made a pat bercof. Subject to real estate taraea for 1997; zoning sad use restrictions imposed by governmental xadxx t7 , restrictions and enrnlezis common 10 the subdivinoa amd outstanding ori, gas and miaaal interests of n:coed, if say. 4 And said Grantor does beceby fully warrant the title to said laud, and will deFead the same r against the bwdW claims of en.peasoos wbomunva. art WITNESS WHEREOF, Granmr has beseemto net Graator'a bawd a� seal the day sad year first above written. ! Signed, sealed and delivered G.C. D pxpp� "" / NAPLES, ]NC, a in oar pseae�ce: F]orida v - — gy_ 1 Witoeas * IL TMa1n QMw. a ltx President Print Witness 113 lob= CIy'pe or Print Name:) S J STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was admowledged I Or me this 'S I day of Daosairet:,1"? by Mrebad Kesaooa, w P=Wmt of G.C. DEVELOPERS OFNAPL.ES, 04C� sFioodsaaa�a� om bebaif of the corporstiom. He is pasooWlY imows a we or has podaooet _ (type of wadfics6m) as idauti5eation and dad (did oral) tie a ssdL NOTE: If a type; of ide n ifiadoo is not insetted in the blank pverW4 CoMwEg this instrument was pe raDes y known to me. If the wader in the eii d sae e+ot eackd, them the peason eze outing this instu aeat did talon sa oath. w so LOW vmaeeseee+.a1 er Sigmtrlee erren.eemr+�err■ (Type or pint Name of aocs�ocos Agenda Item No. 8A January 24, 2006 Page 54 of 125 Agenda Item No. 8A 'January 24, 2006 a Page 55 of 125 MMUJTA "' OR; 2377 PG; 3303 M Parcel 1: A lot or parcel of land Iyhrg in Lot 5i, NAPLES IMPROVEMENT t: omPANY s LITTLE FARMS according to a map thereof recorded in Flat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section W3•feet; them run Southerly for 15 feet to the Northwest corner of the East half (131/2) of West half (WI/2) of said Lot $I to the point of beginning; thence run South along the West line, of said East half (331/2) of the West half (WI/2) for 31¢S feet more or leu to the South line of said Lot 51; thence run Fast along said South lute for 150 feet; thence run North parallel to said West line of the East half (El /2) of the West half (W112) for 3165 feet more or loss to a point on the North line of said Lot 51; theno. run West Along said North line for 150 feet to the point of beginning; being West 150 feet of said East half (Ei/2) of the West half (WI/2) of Lot 51, less and except the North 10' thereof. Parcel 2: East 150 feet of the West 300 feet of the East half (EI /2) of the West half (WI/2) of Lot S1, NAPLES IMPROVEMENT COMPANY'S LITT1.8 FARMS, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at page 2, in the Public records of Collier County, Florida, less and except the Northerly I5' thereof. Parcel 3: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S Lfr I1 E FARMS according to a snap or plat thereof as recorded io Plat Book .2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as foUovx From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 6623 feet; thence run Southerly for 15 feet to the Northwest corner of the East Half (EI12) of West half (WI/2) of said Lot 51; thence run Easterly along the North line of said Lot 51 for 375 feet to the paint of begiaaing.of the hods hereby conveyed. From said point of beginning rum South, parallel to the West line of said East half (El/2) of the West half (WI/2) for 3165 feet more or less to the South line of said Lot 51; thence run East along said South line for 75 feet; thence run parallel to said West line of the East half (El/2) of the West half (WI/2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 75 feet to the point of beginning; being the East 75 feet of the West 450 feet of said Easy half (131/2) of the West half (WI/2) of Lot 51. Parcel 4: South 105 feet of the East 125 feet of the West 1/2 of Lot 51, NAPLES IMPROVEMENT COMPANY'S Ln IIE FARMS as recorded in Plat Book 2, at page 2, Public Records of Collier County, Florida. Parcel 5: East half (EI/2) of the West half (WI/2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for rigbt -of -way, Lot 51, NAPLES IMPROVEMENT COMPANY'S L.rMIZ FARMS as recorded in Plat Book 2, at page 2, Public Records of Collier County, Florida. Parcel 6: Fast 75 feet of the West 375 feet of the East half (El/2) of the West bag (WI/2) of Lot 51 less the North 15 feet for right -of -way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at page 2, Public Records of Collier County, Florida. Agenda Item No. 8A January 24; 2006 Page 56 of 125 PINE RIDGE MIXED -USE CENTER PUD AMENDMENT LOCATION MAP PINE RIDGE MIXED -USE CENTER PUD AMENDMENT MARCH 2005 d�oLO �Q O N O �- 'V O N Lo � � N -0 C C (4 Q u WIC! F0 '22a,nos01 a16o1oao4om i0 011o1y4 6u90u6160p *aims 61u-3 loipylo 041 auo sdoq 61111Qo9o'd 10016010 04wy/>!JOWH 041 119196 a3Hlo____ W K LL o s ai \�Z O m f 2 p p Z iYf s o L s z fn It -7T 1 L'AYW Ar9M0 vaA - [\n441O\4 is ri-r a4�u/P [ i N ciy' y �J S ~ pz pi O NN 3 g e Y - Q O y]3! ZW 1 a ' Cn Z Y#i4 Q i A 6 tl g�g b � t i JNINOZ :NOISIA38 iSV� - -m r:M [o « .:Y � al -w nu- 4v -.o-my m -n-[ t[ -t\ [ -ta•sn r -u -n a[ flr -Y 1 r-0v Y-P -[I It i fY4141 4m4AYpya\1 r-[2 -�i P It -7T 1 L'AYW Ar9M0 vaA - [\n441O\4 is ri-r a4�u/P [ i 34 7 ?5i7¢ ~ U wII7�7 g e Y - Q O y]3! ZW 1 a ' Cn Z Y#i4 Q r�W CD R7 3\ Ln k' w u LA _.....ca a a fn ki V U H o z z a U O 1 M I 1 M z 1 1 ( 1 y JNINOZ :NOISIA38 iSV� Agenda Item No. 8A January 24, 2006 Page 58 of 125 PINE RIDGE MIXED -USE CENTER PUD AMENDMENT Agenda Item No. 8A January 24, 2006 Page 59 of 125 I UNITED STATES J POSTAL SERVICE November 16, 2004 Kelly Foote Planning Development Inc. 5133 Castello Drive Suite 2 Naples, Florida. 34103 Letter of no objection, Rezone, 1100 Pine Ridge Road, The Postal Service has no objection to delivery in your development, pending the mode of delivery in, Mich we will establish in accordance with your approved P.U.D. Sincerely, Bob Skebe Growth Managemem NAPLES MAW OFFICE 1200 000METTE M N NAPLES, FL 34102 -OM Agenda Item No. 8A January 24, 2006 Page 60 of 125 PINE RIDGE MDXED -USE CENTER PUP AMENDMENT EXHIBIT G CITY OF NAPLES UTILITY AVAILABILITY LETTER Agora iftt.I,sz. 8A_ J anuary 24, 2006 Subj: Re: Page 61 of 125 Date: 11:/1/2004 11 58 28 RNY �asterrt Standard !Iqrris vryziw2naplesgoV,,,cpM, O D PDlKF1�fd3�,ol�ro�rn �' � ~ _ Dear Kelly: I have reviewed your request for information as containerd in your letter to Paul McAllister dated 8 October 2004. You stated that "the owner is proposing to retain the restaurant, but to convert the 105 hotel rooms to a maximum of 64 residential condominium .units within the existing structure." . The question that you posed - "What are the impacts, if any, relative to the utilities, metering and impact fees credit or additional fee ?" - is best addressed in the future when your Design Professionals prepare rennovation design plans and undertake an engineering analysis to determine adjustments in the consumption and demand parameters for water and sanitary sewer service resulting froim the 64 residential units. The water /sewer consumption /demand may increase or decrease depending on the number of plumbing fixtures and number and sizes of meters required by the 64 residential units. Hence, in the absence of construction plans and engineering anyalses for the modified hotel use the City cannot provide you with a final statement on various monetary fee impacts at this time. I will, however, provide you with some indicators of possible future utility impacts in terms of current fees /charges and meter sizes. (1) SEWER: The principal fee is System Development Charges which are based $1,220 per unit for residential and multi - family residence classes and for commerical properties the charge is a function of meter size with costs ranging between $1,220 and $579,500 for 3/4 inch - 12 inch water meter sizes as listed below: . i /8 "-- 3/4"... 1,220.00 1"... 3,050.00 1 1/2" ... 6,100.00 2"... 12,200.00 3" ... 24,400.00 4" ... 36,600.00 6" ... 122,000.00 8" ... 213,500.00 10"... 335,500.00 12" ... 579,500.00 What meter sizes and how many meters will the )4 residential units require? Any changes to the System Development Charges will need to be based on the foregoing and City code. p !t A (2) WATER: The principal fee is — yistem Development Charges which, -,inge from $ rV0T4`' J ) for a 5/8 inch meter to $413,250 (475 ERU) for a 12 inch meter as listed below. Page 62 of 125 Meter Size (inches) M� Equivalent Units per Meter Size System Development Charge 5/8 1 $ 870.00 3/4 1 870.00 1 2.5 2,175.00 1 1/4 4 3,480.00 1 1/2 5 4,350.00 2 10 8,700.00 3 20 17,400.00 4 30 26,100.00 6 100 87,000.00 8 175 152,250.00 10 275 239,250.00 12 475 413,250.00 As stated previously, how many meters and what sizes will the 64 residential units require? Any changes to the System Development Charges will need to be based on the foregoing and City code. Should you require any additional information, please let me know. Vlad Ryziw, P.E., PMP Senior Civil Engineer City of Naples Public Works Department ++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ On 1 Nov 2004 at 8:52, PDIKFI @aol.com wrote: > Dear Mr. Razou, > Thank you so much for your time and assistance with this project. Per our coversation, I have attached the letter previously sent to Paul McAllister regarding the proposed conversion, of the Grand .Inn Hotel to multi - family residential units. > Upon receipt and review, should you have any questions or need additional information, please contact our office at 263 -6934. > Thank you. • Sincerely, • Kelly Foote, Project Coordinator > Planning Development Incorporated > 5133 Castello Drive, Suite 2 > Naples, FL 34103 > phone:(239) 263 -6934 > fax: (239) 263 -6981 1 Agenda Item No. 8A January 24, 2006 Page 63 of 125 PINE RIDGE MI:xED -USE CENTER PUD AMENDMENT Agenda Item No. 8A January 24, 2006 Page 64 of 125 Project Narrative Pine Ridge Mixed -Use PUD Existing Zoning. The existing PUD was approved in 1995 and provides for a maximum development of 40,000 sf of retail and 20,000 sf of general office or 60,000 sf of medical office or a hotel (105 rooms) and associated restaurant. Proposed Zoning. The proposed PUD Amendment provides for a commercial component of up to 10,000 sf and up to 64 residential dwelling units. This is a lowering of the permitted intensity. This proposal also furthers the general intent of the Growth Management Plan which encourages mixed use activity centers, which are most desirable in the form of integrated residential with commercial projects. Context. The proposed PUD Amendment will further increase compatibility with adjacent land uses. Existing: 4.02 ac supports a 8,000 + /- sf restaurant and a 105 room hotel North: Pine Ridge Road r/w East: Goodlette Corners PUD (commercial) Includes multi-story self storage facility South: Castello Drive R/W & RSF -4 Single family homes on individual lots. West: C -4 Commercial District Pelican Place: Strip shopping center including restaurants. Redevelopment. The proposed redevelopment shall retain the existing (Bennigan's) Restaurant and the hotel (Grand Inn) shall be renovated into a maximum of 64 residential condominiums. The existing site plan and general site circulation is proposed to remain relatively unchanged. Summary. Conversion of the existing 105 room hotel. structure into a residential condominium development with a maximum of 64 residential units. Agenda Item No. 8A > January 24, 2006 Page 65 of 125 PINE RIDGE MIX D -USE CENTER PUP AMENDMENT Agenda Item No. 8A January 24.. 2006 Page 66 of 125 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Engineers. Planners and Landscape Architects March 18, 2005 Ms. Cristina Sanchez Collier County — Environmental Services Department 2800 N. Horseshoe Drive Naples, Florida 34104 Re: . Pine Ridge Mixed Use Center — PUD Amendment PDI PN: 03.01029 Dear Ms. Sanchez: Thank you, in advance, for your continued assistance with the review and permitting of this project. Pursuant to our pre - application meeting held October 13, 2004, please allow this correspondence to serve as a request for a waiver of the Environmental Impact Statement (EIS) submittal requirement. As we discussed during the pre- application meeting, this property is already developed as a 105 -room hotel; therefore we are requesting a waiver from the EIS submittal. As always, upon your receipt and review, should you have any questions or require. additional information, or wish to further discuss the requested waiver, please do not hesitate to contact me directly at 263 -6934. Sincerely yours, PLANNING DEVELOPMENT INCORPORATED Michael R.. Fernandez, AICP President Enclosures PLANNING DEVELOPMENT INCORPORATED Development Consultants Engineers and Planners Landscape Architects 5133 Castello Drive, Suite 2, Naples, Florida 34103 Office: 941/263-6934 Fax: 941 / 263 -6981 Registration: LC0000378 Agenda Item No. 8A January 24, 2006 Page 67 of 125 ORDINANCE NO. 06 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE PUD ZONING DISTRICT TO THE PUD MIXED USE ZONING DISTRICT BY REVISING THE EXISTING PINE RIDGE MEDICAL CENTER PUD DOCUMENT AND PUD MASTER PLAN TO REDUCE THE COMMERCIAL USE TO 10,000 SF, RENOVATE THE EXISTING HOTEL INTO A CONDOMINIUM BUILDING WITH A MAXIMUM OF 56 RESIDENTIAL UNITS AND CHANGE THE NAME OF THE PUD. LOCATED AT 1100 PINE RIDGE ROAD, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, LOT 51, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.02± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 95 -52, AS AMENDED, THE FORMER PINE RIDGE MIXED USE CENTER PUD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez of Planning Development Inc., representing Grand Inn of Naples, 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 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida, is changed from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 sf, renovate the existing hotel into a condominium building with a mximum of 56 residential units and change the name of the PUD, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 200441, the Collier County Land Development Code, are hereby amended accordingly. Page 1 of 2 Agenda Item No. 8A January 24, 2006 Page 68 of 125 41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 95 -52, as amended, known as the Pine Ridge Medical Center PUD, adopted on October 10, 1995, by the Board of County Commissioners of Collier County, is hereby repealed and replaced in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by supermajority vote of the Board of County Commissioners of Collier County, Florida, this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Annroved as to form and !Patrick- 4G.1te ' cy Assistant County Attorney PUDZ•A- 2005- AR- 7403/M B/sp Agenda Item No. 6A January 24, 2006 Page 60 of 125 EXHIBIT "A" PINE RIDGE MIXED -USE CENTER A Planned Unit Development REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE MIXED -USE CENTER. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grand Inn of Naples, Inc. 1100 Pine Ridge Road Naples, Florida 34103 PREPARED BY: Michael R. Fernandez, AICP Planning Development Incorporated 5133 Castello Drive Suite 2. Naples, Florida 34103 239.263.6934 / 239.263.6981fax PDI MRF 0- aol.com ORIGINAL DOCUMENT DATE 03/18/05 REVISION DATE 06 -24-05 DATE FILED DATE REVIEWED BY CCPC 11/17/05 DATE APPROVED BY BCC 01/24/06 ORDINANCE NUMBER AMENDMENTS AND REPEAL Aqenda Item No. 8A ✓January 24, 2006 Page 70 of 125 TABLE OF CONTENTS PAGE THRU PAGE LIST OF EXHIBITS AND TABLES iii iii STATEMENT OF COMPLIANCE iv iv SECTION 1 PROPERTY OWNERSHIP & DESCRIPTION 1 -1 1 -3 II PROJECT DEVELOPMENT 2 -1 2-4 III MIXED -USE DEVELOPMENT COMMITMENTS 3 -1 3 -3 IV DEVELOPMENT COMMITMENTS 4 -1 4 -3 LIST OF EXHIBITS AND TABLES EXHIBIT "A' PUD Master Plan EXHIBIT "B" Location Map TABLE I Land Use Table Page iii Agenda Item No. 8A January 24, 2006 Page 71 of 125 Agenda Item No. 8A January 24, 2006 Page 72 of 125 STATEMENT OF COMPLIANCE The development of approximately 4.02 acres of property in Collier County, as a Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The mixed -use residential and commercial development of Pine Ridge Mixed Use Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial, high - density residential and mixed -use development activities. 3. The subject property is located on Pine Ridge Road with the main access to the development aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive. This strategic location allows the site superior access for the placement of mixed -use activities. 4. The project development utilizes creative land use planning consistent with Policy 5.3 of the Future Lane Use Element. 5. The project development is consistent with Policy 5.3 for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein. 6. The project development is a mixed -use development and utilizes innovative land development techniques consistent with Policy 5.6 of the Future Land Use Element. 7. The project development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element. 8. The proposed residential density of 14 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 16 units per gross acre. Subject Property Area is 4.02 acres x 14 units per acre = 56 dwelling units maximum. 9. The project will be served by a complete range of services and utilities as approved by the County. Water and sewer utilities are provided by the City of Naples. 10. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. Page iv SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 8A January 24, 2006 Page 73 of 125 The purpose of this section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Mixed Use Center. 1.2 LEGAL DESCRIPTION The subject property being 4.02+ acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Commence at the Northwest comer of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (E1 /2) of West half (W1/2) of said lot 51 to the point of beginning: thence run South along the West line of said East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to the South line of said lot 51: thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (E1 /2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning: being West 150 feet of said East half (E1 /2) of the West half (W 1/2) of Lot 51, less and except the North 10' thereof. East 150 feet of the West 300 feet of the East half (E112) of the West (W12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15 feet to the Northwest comer of the East half (E1 /2) of the West half (W1 /2) of said Lot 51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said East half (E1/2) of the West (W1/2) for 316.5 feet more or less to the South line of said Lot 51, thence run East along said South line for 75 feet, thence run parallel to said West line of the East half (E1 /2) of the West half (W1 /2) for 316.5 feet more or less to a point on the North line of said Lot 51: thence run West along Page 1 -1 Agenda Item No. 8A January 24, 2006 Page 74 of 125 said North line for 75 feet to the point of beginning, being the East 75 feet of the West 450 feet of said East half (E1 /2) of the West half (W1 /2) of Lot 51. South 105 feet of the East 125 feet of the West'/ of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. East half (E1 /2) of the West half (W1/2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right -of -way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. East 75 feet of the West 375 feet of the East half (E1 /2) of the West half (W1 /2) of Lot 51 less the North 15 feet for right -of -way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The Property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is hereinafter called "applicant or developer". 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The property is located in Section 15, Township 49 South, Range 25 East. The Property consists of approximately 4.02 acres and is located approximately 740 feet from the southeast corner of U.S. 41 and Pine Ridge Road and off and south of Pine Ridge Road. The Property currently supports a 105 -room hotel, an 8,000± square foot restaurant and approximately 30% or 1.2 acres of open space. B. The zoning classification of the Property prior to the date of this approved PUD Document was PUD. 1.5 PHYSICAL DESCRIPTION The Property has the following designation relative to flood — FEMA FIRM Flood Zone X: area of 500 -year flood or area of 100 -year flood with expected average depth of less than 1 foot: and areas protected by levees from 100 -year flood. Community -Panel Number 120067 0383 E: Map Revised August 3, 1992. 1.6 PROJECT DESCRIPTION Pine Ridge Mixed Use Center is a proposed mixed -use center, which will support a maximum intensity of development not to exceed commercial square footage of 10,000 square feet and 14 residential dwelling units per acre. Page 1 -2 Agenda Item No. 8A January 24, 2006 Page 75 of 125 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Planned Unit Development Ordinance." Page 1 -3 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 8A January 24, 2006 Page 76 of 125 The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances and other project relationships. 2.2 GENERAL A. Regulations for development of Pine Ridge Mixed Use Center shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat (if required), Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Pine Ridge Mixed Use Center shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Section 6.02.00 Adequate Public Facilities of the Land Development code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including access locations, is illustrated graphically by Exhibit "A" PUD Master Plan. There shall be one (1) general mixed -use tract. Page 2 -1 2.4 2.5 TABLE I: TYPE PINE RIDGE MIXED USE CENTER ESTIMATED LAND USE SUMMARY UNITS / SQUARE FOOTAGE MIXED USE 56 multi - family units Commercial /Restaurant 10,000 Agenda Item No. 8A January 24, 2006 Page 77 of 125 ACREAGE 4.02± Exhibit "A" is a PUD Master Plan and is an illustrative preliminary development plan. Design criteria and layout illustrated on this supporting exhibit 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. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A mixed use center with a maximum intensity of development which shall not exceed 56 multi - family units and 10,000± square feet maximum of commercial /restaurant. The gross project area is 4.02± acres. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and /or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida as may be applicable. B. Exhibit "A ", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Chapter 4, Section 4.03.00 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Page 2 -2 Aaenda Item No. 8A VJanuary 24, 2006 Page 78 of 125 E. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Chapter 4. F. The developer will make a contribution to the County's Affordable Housing Fund, per the provisions of such contributions, in the amount of $1,000 per unit within 60 days of the approval of the MPUD. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code Section 10.02.13. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area 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 common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 10.01.131. 2.8 LANDSCAPE BUFFERS, FENCES AND WALLS Landscape buffers, fences and walls are generally permitted as a principal use throughout the Pine Ridge Mixed Use Center. The following standards shall apply: A. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3:1 2. Ground covered slopes 2:1 3. Rip -Rap slopes 2:1 4. Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pine Ridge Mixed Use Center PUD. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code Section 2.01.03. 2. Water management facilities and related structures. Page 2 -3 Agenda Item No. 8A January 24, 2006 Page 79 of 125 3. 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. Page 2 -4 Agenda Item No. 8A January 24, 2006 Paae 80 of 125 SECTION III MIXED USE DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Exhibit "A ", PUD Master Plan, as "Mixed- Use ". 3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi- family 2. Restaurant(s) without a drive through. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in the above districts. 2. Covered parking structures /garages. 3.3 DEVELOPMENT STANDARDS: A. Lot Area: 10,000 square feet B. Lot Width: 100 feet C. Maximum Building Height & Setback Requirements: 1. Primary structures: project boundaries: Max. Bldg. Setbacks Requirements Height Front (East) Side (West) Side Rear 25 ft 25 ft 25 ft 25 ft 25 ft 35 ft 25 ft 50 ft 25 ft 50 ft 45 ft 35 ft 75 ft 35 ft 75 ft 2. Setback requirements for primary structures: interior boundaries: the greater of 10 feet or half the height of the structure. Page 3 -1 Agenda Item No. 8A January 24, 2006 Page 81 of 125 3. Setback requirements for covered parking and /or garage accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback. D. Distance Between Principal Structures: A minimum of half the sum of the height of the structures, unless attached, then none. E. Maximum Height of Covered Parking: Twelve (12) feet. F. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G. Landscaping_ As required in the LDC unless specified herein. All trees within buffers adjacent to right -of -way shall be installed with a County Staff approved deep root system. 1. The following buffers are considered to meet or exceed LDC required buffers: a. PUD Type "D.1" Landscaped Buffer: This buffer shall have an overall width of 20 feet. The public sidewalk has been displaced from public right -of -way to within the subject property where practical. This has provided desirable landscaped separation between sidewalk and the roadway curb. The width of the displaced sidewalk is included within the width of this buffer. Tree and hedge installation shall meet the requirements of the LDC Type D buffer. b. PUD Type "BY' Landscaped Buffer. LDC Type B tree and hedge requirements in addition to a masonry wall /fence or prefabricated concrete wall /fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. C. PUD Type "B.2" Landscaped Buffer is required where the subject property abuts commercially zoned property: LDC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees shall be 20 feet and the trees shall have a minimum rt height at installation of 10 feet. Page 3 -2 Agenda Item No. 8A January 24, 2006 Page 82 of 125 2. In order to facilitate the potential retention of existing trees, no water management or no new lines of continuous utilities shall be developed within the required buffers. H. Landscaping for Off - Street Parking: In order to facilitate the retention of existing trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development. Open Space Reguirements: Thirty (30) percent of the acreage of the PUD. This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping. J. Lighting The maximum height of parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall shielded from residentially zoned area. No neon lighting shall be visible from the exterior of the project. K. Parking: Each unit shall provide 2 parking spaces per unit. Page 3 -3 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE Agenda Item No. 8A January 24, 2006 Page 83 of 125 The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, or successor ordinance, shall apply to this project. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A ", PUD 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, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas on the Property. 4.4 ENVIRONMENTAL A. This PUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. 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. Page 4 -1 Agenda Item No. 8A January 24, 2006 Page 84 of 125 C. This PUD is required to maintain 10,541 square feet of preserve /mitigation and these areas shall minimally meet the development standards permitted by SDP - 147. D. A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval in the first subsequent application for SDP Amendment or new SDP after approval of this PUD. The Plan shall delineate location of the provided 10,541 square feet (of preserve /mitigation and shall identify methods to address treatment of invasive exotic species, fire management, and maintenance. 4.5 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devises (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Division 3.15.LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify Page 4 -2 Agenda Item No. 8A January 24, 2006 Page 85 of 125 or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in /right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right -of- way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. If a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. A sidewalk connection will be made from Castello Drive to the sidewalk at the handicap parking area. 4.6 MONITORING REPORT AND SUNSET PROVISIONS A. The Pine Ridge Mixed Use Center PUD shall be subject to the Sunset Provisions of Chanter 10. Section 10.02.13.D of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant To Chapter 10, Section 10.02.13.D of the Collier County Land Development Code.. 4.7 POLLING PLACES Pursuant to Chapter 4, Section 4.07.06, Provision of Polling Places, of the Land Development Code, provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. Page 4 -3 Q CQ n p�ON pN' Z O d' E N co m co i Q) -0 (] C (d Q1 � 07 Q -� rQk107J 3JldYN anew arum ■ys «■■w w py�.y■ie wnavr .- ,:,:•»� �r.. a.Ei'an Xw eert ."C ruWOU ^WWV9 z wns 2.nm orMLSVD W9 � 'Ji IIYYY N MI■ YYVYD "" cw�eev3er. �anaaww�wvu5xx�e�raw�sn�a��x�aoanao g o r .Y. lIBlHX3 �r� l..str�V NY7d N3lSYM Ond am 3Sft : r.. Q31b210d 11O�N11N3Wd073A3Q'JNMNVId ^ - r Q R pZ N O sw yy (��f ) � �UU o °QZm oaIn E r U� Q E U r Ln L.-5 a JNI011f19 3JHNOlS dl3S mdois-I1lfiW Z u v o a o o v°i W � Q am z W z ? 0 W z ° g w m,= O �LC o ''� i_,K,, z y z C r — ' I W W zOY V W a C >Nj "y ' IVION3WW00 �° 3 03dO13n30Nn 5 D w az i t E z° w Z J W V ° u° a3!!ne 3dv�sONvl .Z'8. and '1! SL ` z goz— g zZ w� i z w �4ul Vcom. d W i ww °wm� _ v« G U J u a °wz O N °din v« v« v« > w CY W Q W 0 !n Z OW Wz Z EO J= Jyty 6 0 j W u W 9 z V O mac, w i i f d UO CW7d4G I JZ I I i i o 11B��P1�.LS3Ik3 ��'. K a ONUS= m Q i 0 U Q pq v 1 I Ln z J Ly u a Z f x W N i V' W Z Q � *14!!), Q LJ Al II F- LL I _ dZ 0O / 1c �nn U z W P i IJ O O (= 83jjnO 3dVOSONVl Ond 1.1 SL j Q G7 i .L'S. O I LOJNUSIO ONINOZ TdION3KNOO V-3 © I ~ L) N31N30 ONIddOHS 30 Id NV0113d j j Luul b �aa Agenda Item No. 8A January 24, 2006 Page 87 of 125 EXHIBIT "A" PINE RIDGE - USE CENTER _ _ _ A Planned Unit Development - - -- REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE M[jKED-USE CENTER. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF ------------ THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grad innrF'»ii' ies Ana: 1100 Pf t�a�i�es; T"�t)i"i C�a "i ��' Deleted: Corhaceq terse Deleted: IL San+jr.,'n 'rwteie PREPARED BY: Michael R. Fernandez, AICP - - FDekftd: ORIGINAL DOCUMENT DATE 03M8105 REVISION' DATE 06- 2+4.05 ji ccpc oRa NA- L, ....1 Agenda Item No. 8A January 24, 2006 Page 88 of 125 DATE REVIEWED BY CCPC 11117/05 DATE.APPR0VED:SY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL ,TABLE OF CONTENTS _ - { - Section Break (Continuous) PAGE THRU PAGE LIST OF EXHIBITS AND TABLES Iii STATEMENT OF COMPLIANCE Iv v SECTION PROPERTY OWNERSHIP & DESCRIPTION 1 -1 1-3 PROJECT DEVELOPMENT 2 -1 2-4 2 �,_ _ - -' De1eWd:1 III COMMERCIAL DEVELOPMEW ill :. MIXED -USE DEVELOPMENTCOMMITMENTS 3-1 -3 coMl�rr NTS . a-� , ...,.3 aq V . DOM*013veNt IV DEVELOPMENT COMMITMENTS -1 . 4-1 COMMITMENTS::- 11._° :4 R LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan _ - Deleted: EWran •-.cocer �EXHIB B "_Location Ma P------------------------- ------------------ - - - - -, sae Plan¶ Deleted: 'C TABLE I Land Use Table Page ii DI CAB 11';, Svnmar]i Agenda Item No. 8A January 24, 2006 Page 89 of 125 STATEMENT OF COMPLIANCE The Development o be known asr.ihe,�ldue _M' xed Use Cent "' In Collier County, a$ a Planned Unit development approximately 4 02 acres of property p ,� er -well be in compliance with the oats, objectives and policies of Collier County as set forth In the Growth Management Plan. g The ' ' oelatad: aha�� mixed 11e residential ani commercial development of Pine Iidae iulixed Use Center will be consistent with applicable comprehensive planning objectives of each of the elements of the PtneR�olue�oalcenrer Growth Management Plan for the following reasons: The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. 2. d`etlsitir residential and mixed erred locations for the concentration of commercial ha iah:'' Active Centers are the refe e development activities. 3. The subject property is located on Pine Ridge Road with the main access to the i development aligned with diectionaf msdlan servino' the 'SUjedt oroerty' and a _ - Deleted: fFetulimediangrtr« secondary and minor access from the south off of Castello Drive. This strategic location c° allows the site superior access for the placement of,rrilxed use activities_ 11. d. The 6644, ct devetoisment utilizes creative land use alannind consistent W1... i- h Policw 61 of-- - - Forn,°ma, Buo f the Future Lane Use Element. and Numbering _ ue De OM& 66m*bio and "I"mrleym xagp a. nd ft suundhip *W uses as e'gwred'iPoicy 6.4 dl the Fros and Use Flm! 6. The x; _ _ - - Numbering project develo ment s a mixed -use development and utiGz� novative rand - - s„i�1s era development tectiaiaues consistent with Palicv 5 6 of the Future Land Use Element. : ll raault in a n a�rJenfartl The rolect develo merit rovides interconnectio t ad'acent local streets consitnt exkenaionoFCammur>ny Ren�kxs at::tequked rrr WW with Policy' 7.3 of the Future Land Use Element H:edd Bullets and Numbering 8. ` The ro osed residential densi #` of 14 units `er acre is'corsistent `with h Act;v Center Subdistrict which provides fotr mixed use development -' Formatted: Burets and Numbering '-- per dross acre. with ub to 16 units - Deleted: 9$ Subiect Pro ert Area is 4.02 acres x 14 units acre - 6 dwellin units maximum': Deleted: it Deleted: s4 9. The project will be served by a complete range of services Formatted: Bullets and Numbering and utilities as approved by-' the County. Water and sewer Atilitfes are roviCed b tine tai ` of Na 1es,` Delisted: 'T dproi60is jacent4indus" througlrthelntemetgerrangementat strUcturea,-ttrepiaoeine1 a# • - -- 10. ------ - - - - -- - - - -- - - -- ... - - - -- -- - - -- --- - - - - -- - -- -, All final local development orders for this project are subject to the- Collier County.._ la„dscapetx�lrer��rd,tngproposed developments{aandardapa,teined irereint Adequate Public Facilities Ordinance. Formatted: Bullets and Numbering Page;j Deleted: 1 -1' Agenda Item No. 8A January 24, 2006 Page 90 of 125 Deleted: Page S -2 Page v ------------------------ SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Fame Rings 1VJ1ed Use Centar. 1.2 LEGAL DESCRIPTION The subject property being 4.02± acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Agenda Item No. 8A January 24, 2006 Page 91 of 125 JI mer'ce at the Northwest comer of Section 15, Township 49 South, Ran9e 25 East, { Deleted: From run Easterly along the North line of said section 662.3 f6ei t hence run Southerly_for 15 _ .- 1 DDwe feet to the Northwest comer of the East half E112 of West half W1/2 of said lot 51 to the point of beginning: thence run South along the West line of said East t4 (E1 /2) of the West half (W1/2) for 316.5 feet more or less to the South line of said lot 51: thence run East along said South line for 150 feed thence run North parallel to said West line of Deleted:: _ ......... the East half (E1/2) of the West half (W1l2) for 316.5 feet more or less to a point on the North line of said Lot 5'11 _thence run West along said North line for 1.5.0 feet to the point {Deleted:: - - - - - -� of beginning: being West 150 feet of said East half (E1/2) of the West half (W1 /2) of Lot 51, less and except the North 10' thereof. ~� East 150 feet of the West 300 feet of the East half (E1 /2) of the West (W12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof. as recorded in Plat Book 2, at Page 2, of the Deleted: Public Records of Collier County, Florian, which lot or parcel is described as follows: From the Northwest comer of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15 feet to the Northwest comer of the East half (E1 /2) of the West half (W1 /2) of said Lot 51111hence run Easterly along the North line of said Lot_ 51 for 375 feet to the p Dint of beginning of the lands hereby conveyed. From said point of beginning nun South, __ parallel to the West line of said East half (E1 /2) of the West,(W1 /2),for 316.5 feet more (Deleted. n1'' ......_. —� or less to the South line of said Lot 51 jhence run East along said South line for 75 feeL thence run parallel to said West line of the East half E1/2 of the West haft / 316.5 feet more or less to a point on the North line of said Lot 51: thence run West along DeMebed: 2- 1.3 1.4 Agenda Item No. SA January 24, 2006 Page 92 of 125 _ said North line for 75 feet to the point of beginning being the East 75 feet of the West 450 feet of said East half (E1 /2) of the West half (W1/2) of Lot 51. South 105 feet of the East 125 feet of the West 1/2 of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, page 2, Public_Records_of . - Deleted: at Collier County, Florida. East half (E1 /2) of the West half (W1 /2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right -of -way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. East 75 feet of the West 375 feet of the East half (E1 /2) of the West half (W112) of Lot 51 less the North 15 feet for right -of -way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. PROPERTY OWNERSHIP The Property is owned by Grated Inn of Naples, '1nd,, Michael Keisous _ contact and is_,.: - Deleted: pasha N. Sanders J1- ee hereinafter called "applicant or developer". GENERAL DESCRIPTION OF PROPERTY AREA A. B The property is located in Section 15, Township 49 South, Range 25 East. The Property consists of approximately 4.02 acres and is located approximately 740 feet from the southeast comer of U.S. 41 and Pine Ridge Road and off and south Propertyisorurently of Pine Ridge Road. Property currentivsubbbrts a 105-room hotel, an 8 Deleted: The ,001 redevelop square foot restaurant and approximately 30% or 1.2 acres of open space; _ _ _ has a The zoning classification of the Property prior to the date of this approved PUD De1e orrshe Document was PUD. 1.5 PHYSICAL DESCRIPTION -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - The Property has the following designation relative to flood — FEMA FIRM Flood Zone X: area of 500 -year flood or area of 100 -year flood with expected average depth of less than 1 foot: and areas protected by levees from 100 -year flood. Community-Panel Number 120067 0383 E: Map Revised August 3, 1992. 1.6 PROJECT DESCRIPTION „Pine ' Ridoe Mixed i Use Center is a ro posed mixed -use center' which will support_ a maximum intensity of development not to exceed commercial square footage of 10.0061 square feet and 14 residential dwelling units ..per acre. _ _ _ _ _ _ _ _ _ _ _ _ _ _ y'-------- Pagel 2---------------------------- - - - - -- Deleted: The Properly is gsnereNy level wilh elairaGon t rioeen t8 8nd 19 feet WGvO The wet season. 101, elevation is estimated to be14.5feet of NGYO., iPorSgns of the site previouslyeuppo�ted rpsidental saut5ores andeh hs4.si I been removed. 'Somall IIW134e6.080ed and graded on the srke since, 1990 . and the site Is generally. rnaintained Renrairang vegetallm Is generally In the form btorAtrees Deleted: Plrre Ridge'Medical Center Deleted: proposed conrrrercle1 r with : 40,000 square teat of retaH 00 square;feet of general : B Deleted: 60,00D square feet of medical office space Deleted: 2- Agenda Item No. SA January 24, 2006 Page 93 of 125 1.7 SHORT TITLE This Ordinance shall be known and cited as the "F?irae Fse'Mixed Use'I✓,gnter Planned . - u�tea: WneRhig`e.leice�cor+t Unit Development Ordinance," - - - - - - oe�eted:2, -� Pagel 3________ Agenda Item No. 8A January 24, 2006 Page 94 of 125 SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances and other project relationships. 2.2 GENERAL A. Regulations for development of Pihiii Ridge Mixed Use- °aCenter shall _be -in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat (if required), Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for r Deleted: �cw the development of one Ridae Mixed Use Center shall become _part of the - regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6 " Section 60 Adequate_- o�,�a«+sas Public Facilities of the Land Development code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including access locations, is illustrated graphically by �' �maivae Exhibit "A" PUD Master Plan. There shall be one (1) general Lnixed -use tract._ - _ - - Deleted: Page,2 1 ---------- ------------------------ , Agenda Item No. 8A January 24, 2006 --Page 95 of 125 TABLE I: PINE RIDGE MINCED U8E5 CEN..TEF -------------- ---------- ---- - ---'- Deleted: PINERIDOE1ufFDICAI ESTIMATED LAND USE SUMMARY C TYPE uNrrS / SOUAke FOoJAGE A,C13EAGE _ - Delete: taaunRE FooT�oE ,MIXED QSE � multi= family units 4.02+ °a�td: d6MMMIAL --- - - - - -- -- — Commerdal /Restaurant 10,(100 - - - - - - - - - - - - - - - - - - - - - - - - - - Deleted: KM ------------------ Deleted: 64 ,Exhibit :`A' rs a PUD -- Master ! Plen and is an illustrative preliminary_ deyelopment plan, Deleted: n Design criteria and layout illustrated on this supporting exhibit shall be understood to be `, ' ' Deleted: estimrked:P�a I�doe flexible so that final design may satisfy development objectives and be consistent with ', pi1 rArd "rt the Project Development, as set forth in this document. acrnmsrdeloer�rwltlx °mmdmurff lntarulty of developnrant ear W F eXr7eed 10.000 egnafe'�elst,�r retell Y. end 20,000SQUMBfe19t 1#perFelal - - - - 6 O.000 square feet of madle� ott • --- ------ --- --- - -' ,; developrt»nt.¶ -------------------------------- 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE ' ` T&WO. l is a:echeduWtQ'flW" inW1&d 0 11 Drees, Wlm epprgp1ik"l Boew A mixed vse center wltl a maximum intensity of development whites shall :not exc8ad .-e# ,tne mtt� pax 1ndd, tr -� ,-w _,. .. ._ . .56 multi - family units and 10:000± square feet maximum of corarmerCiallrest8t#rartt'' The,+' Delete; gross project area is 4.02± acres. ; Delet d: V. Is plan ME mader y; Deleted: !&= it, .;me— RoGE 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS a' ; MEDICALGEt4'IER1 �d , DEVELOPMENT SCHEDULE11 A. Prior to the recording of a Record Plat, and /or Condominium Plat for all or part of ;;; F orgt q scaunaE the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the to a 30 OWT State of Florida as may be applicable. to Deleted: Table u.'indk eras ttie n+ eatlmalod dovob rrmt.4chedWti o B. Exhibit "A ', PUD Master Plan, constitutes the required PUD Development Plan. o1e �°t1 rheeaUrnereme •,af Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, ife.w�no n' ffiwe eoonomla, market and applicable, shall be submitted for the entire area covered by the PUD Master Plan. atoryfactorc ¶ ,Any division of property and the development of the land shall be in compliance Deleted: cornmerafeE with Chapter 4i'Sectlo' 4 0 .00 of the coil; ier County Land Development Code, Deleted: 4o,000aq ; arefa _ -... and the platting laws of the State of Florida. Deleted: retalland2ooaoeyuare feet of general offbe epeces..7'lae inteneltp supported by,tft mix. as C. The provisions of Chpter T of the Collier County Land D_ evelopment Code, „ ; measured by tvft-JmpwW,may when applicable, shall apply to the development of all platted tracts, or parcels of ' eioaeed6o,000squirt feelbuf it land as provided in said Ch. aptet pri.or_to the Issuance of a building lk"�by Imomd6"Opm°'o - - . _ 9 Permit or other ', ; ssendardetorsetdedce. twtlere ogee development order. space, papa and randecapW TAI° in WWW VA supwrt W'000 aquere feet ad medical otlice D. Appropriate instruments will be provided at the time of infrastructure; improvements regarding any dedications and method for providing perpetual i Deleted: maintenance of common facilities. Deleted: D1JliW&0 2 Deleted: D -Won 8.3 Deleted: blyWon Page, 2.: 2--------------------------- - - - - -- oelecea: 2.6 2.7 2.8 2.9 Agenda Item No. SA January 24, 2006 Page 96 of 125 E. Design and construction of all improvements shall be subject to compliance with -- - Formatted: Bullets and Numbering the appropriate provisions of the Collier County Land Development Code ha ter _ ,.. Deleted: Dv1140n3.23 ' 4_ F The developer will make a contribution to the Countv's Affordable Housing Fund, Font: 12 pt per the provisions of such contributions in the amount of $1,000 per unit within 60 Formatted: Bullets and Numbering days of the approval of the MPUD. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code Section 10.0213...... _ _. _ . - - WOW: 2;7.3.5 11 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area 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 common facilities and open space subject further to the provisions of the Collier County Land Development Code,Secti6n'10.01.131r, Ddetea: tormertvsedon _. �:� X0.3.8: after LDC Amendment Cycle 2.20 LANDSCAPE BUFFERS. FENCES AND WALLS ��: sedon !20.3:8 Landscape buffers, fences and walls are generally permitted as a principal use throughout the Fine Ridge Mixed Use Center. The following standards shall_apply:_ _ _ _ - _ - - - Ddetea: PI. RIOOM.Wid OiMir A. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3:1 2. Ground covered slopes 2:1 3. Rip -Rap slopes 2:1 4. Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the ,dine Ridge _ _ - : ��RidgeiNedlcalCentet Mixed Use Center PUD. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code Section ,2.01.03. L"Oze•s• 2. Water management facilities and related structures. ideted: f 3- Page,- 3--------------------------- - - - - -- 3. 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. .... _....._...... . 4. 12--8-'------------------------------------------------ - - - - -- _,pompatibte------ - - - - -- -- - --------------------------------- ,structures_ ------------------------------------------------ • -- ------------------ -------------------------- Agenda Item No. 8A January 24, 2006 Page 97 of 125 Deleted: 3- Pagek-4----------- ---------------------= Agenda Item No. 8A January 24, 2005 Page 98 of 125 SECTION III MXED USE DEVELOPMENT STANDARDS _ _ _ _ - - - - - - - - __ - _ - - -- Deleted: 2HI11l ffl9 3.1 PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Exhibit "A', PUD Master Plan, as ttlxetl- Use". - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Deleted: Commercid 3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. _ Multi - family -- - - - - - - — - - - - - - - - - - - - - - - - - - - - - - - ----------- - - - - -' _ Deleted: tvledic� [Nfke'and Uses P-mittedby the Co1ier iomty, Lhmd Development Code C*4Comtoerda1 without a drive through: �•. 2 - - - - - - - - - oiarict,exceptgasafl4l.servlce _Restaurantjs� -- - - - - - - - - - - - - - - - - - Stationea Deleted: Notale and MOM16 • Formatted: Bullets and Numbering --- - - - - - - -- - - - - - - - - - - - - - - - - - - - -- - - -- --- ----- -- - -- - '. �. Deleted: Fteatatiranf Deleted: Ary ottwr uses vAilGh is ... ... ---- -- - - - - - - - - - - - - - - - - - - - -.. -- - - - - - - - -, B. ... Permitted - Accessory Uses and Structures- - - - - - - - - - - - - - - - - - - - - - - - - - - " ',. ` comparable ki nature with t foregoing uses and which the Development SeNces Director 1. Accessory uses and structures customarily associated with the uses ' daierminestocompolibilk permitted in the above districts. Deleted: Q Deleted: 2. Covered parking structures /ga ages. h A ° Deleted: Cond@lonat U6W. 3.3 DEVELOPMENT STANDARDS: Deed V UseePennittedbytt•- Carer Canty Lend Development Code G2 Commercial Dlstrictl A. Lot Area: 10,000 square feet Deleted: q Formatted: Bullets and Numbering B. Lot Width: 100 feet C. Maximum Buildinq Height & Setback Requirements: 1. Primary structures: project boundaries: Max. Bldg. Setbacks Requirements Height Front (East) Side (West) Side Rear 25 ft 25 ft 25 ft 25 ft 25 ft 35 ft 25 ft 50 ft 25 ft 50 ft 45 ft 35 ft 75 ft 35 ft 75 ft Page 3 -1 Agenda Item No. 8A January 24, 2006 Page 99 of 125 2. Setback requirements for primary structures: interior boundaries: the greater of 10 feet or half the height of the structure. 3. Setback requirements for covered parking and 1 -or aracle accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback. D. Distance Between Principal Structures: minimum of half the sum of the height of the structures unless "att ached. Cheri' _ - Deietea: Nona, or none E. Maximum Height of Covered Parking; _ - 4 Formatted: No underline TwelveCl2) feet ------------------------------------------- - - - - -- I J Deletd:11 F. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G. Landscaping: As required in Zhe_LDC unless specified herein. All trees within buffers adjacent to _ _ right-of-way shall be installed with a County Staff approved deep rootsystem. 9 Y tY PP P 1. The following buffers are considered to meet or exceed LDC required, buffers: a. PUD Type "D.1" Landscaped Buffer. This buffer shall have an overall width of 20 feet. The iublic side en d)solaeed between sidewalk and ,Fie roadway curb The width of the displaced sidewalk,Ls.included within the width of this buffer. Tree and hedge, installation shall h1'6et the requirements of the LE)G Tvge:D buffer. •- b. PUD Type "B.1" Landscaped Buffer: LDC Type B tree and hedge requirements in addition to a masonry wall /fence or prefabricated concrete wall /fence, shall be provided:_except that the spacing_of the_ shade trees, shall be 16 feet and the trees shall have a minimum _... ----- ....- ...---------------- - - - - -- height -- at installation of 12 feet. C. PUD Type "B.2" Landscaped Buffer is' reouieec� a�hsre the subiect property abuts commercially zoned properly: LDC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade treesshall_be 20-feet and the trees shall have a minimum __- Deleted -..Mienadmmmia height at installation of 10 feet. - - - - - - - - - minimum- "il properly Deleted: 4-2 Page2-------------------- - - - - -- - - -- Agenda Item No. 8A January 24, 2006 Page 100 of 125 2. In order to facilitate the potential retention of existing trees, no water management or no new lines of continuous utilities shall be developed within the required buffers. H. Landscaping for Off - Street Parking: In order to facilitate the retention of existing trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development. Open Space Requirements: Thirty (30) percent of the acreage of the PUD. This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping. J. Lighting: - Formatted: No underline The maximum height of parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall shielded from residentially zoned area No neon lighting shall be visible from the exterior of the proiect. •- - - Formatted: Indent: Left: 0.5" K. Parking - - Fomnattad: Bullets and Numbering Formatted: Indent Left: 1" Each unit shall provided 2 parking spaces per unit - - - - - - -- - - Fom,atted: No underline - - -- - - Deleted: The maximum height of ---------------------------------------- ----------- -------- --- - - - - -- Pa rking lot and site lighting fixtures shall be 16 feet and 'installed and X located in a manner so that light at shielded from residentially zoned area. No neon lighting shall be visible from the exterior of the project. Formatted: Indent: Left: 0" Deleted: 4,2 Page.3-3 - - - -- SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Agenda Item No. 8A January 24, 2006 Page 101 of 125 e an . eve Doman o or sdbces r ar irti3rios shall bolw #o 'is4 #h Drop ®af `The _ - Deleted e=ept s ly developer, his successor and assigns shall be responsible for the commitments outlined noted Sim. henMSe+ in this document. s�ndodsnaeiaconsora,a. Lerw! Davelcpment (:ode or Ttly lOn 3 2 hffi[;apply to thre PMied iii 0 iris land;whh� the PUD is' to ti9 The developer, his successor or assignee shall agree to follow the Master Plan and the P4. regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A °, PUD 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, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas on the Property. 4 4 ENVIRdWEN'TAL - - Formett:ed: Bullets and Numbering secfion of 'the`' GMP - FoMotted: BuOets and Numbering Page 4 -1 4.5 TRANSPORTATION Aaenda Item No. 8A January 24; 2006 Page 102 of 125 - - - Fommatted: Bullets and Numberim - - - j Formatted: Bullets and Numbering �- - - Formatted: Bullets and Numbering - - -' Fommatted: Bullets and Numbering - - - Formatted: Bullets and Numbering - - j Fommatbed: Bullets and Numbering Page 4 -2 - - - f Forretted: Bullets and Numbering - - - Formatted: Bullets and Numbering - - - Formatted: Bullets and Numbering Agenda Item No. 8A January 24.2O0G Page 103of125 --- -- ' 1 Formatted: Bullets and mvmbenne Formatted: Bullets and Numbering ' ' ._Formatted: Bullets —~~.~~.~ ' U 1V .' '.' the issuaribb!"b rs Or shall boa baid fb: 4.6 MONITORING REPORT AND SUNSET PROVISIONS --- _thq_�unset Provisions of Chapter 1:0.:: 8 on 10.02,13wD of the Land Develorlment Code ----- B. Monitoring Report: An annual monitoring report shall be submitted pursuant To dhtb:04t6�10,Se6�'O!nlO.O�.l��.,'I of the Collier County Land Developmen 45 TRAW ___-______--_-______'�' LACE§ Development , provision shall — be '--- for the future use of building " space ~um/ ` �m�na�a��)��e��m��g��n��-an electoral polling place. Page 4-3 � ,LFwmatted: Bullets and Numbeting �mwWled: Formatted. Bullets and Agenda Item No. 8A January 24, 2006 Page 104 of 125 An agreement recorded in the official records of the Clerk of Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said common facillty to be used for a polling place if determined to be necessary by the Supervisor of Elections. 4-- ----------------------------------------------------- bmittal'. - - - -- ----- - - - - -- 49--= - -- - - - - - - — ._ _._.. - - - -- _- - - - - - - - - - - - - - - - - - -- - - - - - - - f, 1, 5 _I- - - - - - - - - _. _. - - - - - - - - - - - - - - - - - - -. - _ - - _ - - _ - - _ - _ _ _. - - _ - _ - _ - - - - _ - - - _ 1l 111 f V `V I 1 I 111 Page 4-4 Deleted: as Deleted: ARCHAEOLO-Mr,. I Agenda Item No. 8A January 24, 2006 Page 105 of 125 Pape is [1] Deleted Valued Gateway Client 10/1/2004 9:44:00 AM 09/2/196 MISS 95-52 0 /1 7M � C) N LO O r ON O Z4 ENO � Q1 r Q rOltpl! Y37drn vpra nrran aarm ® rtmanr� err w (rolwr -aver rerr -avu CrOY �� lrYl 00f! 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LU AM O F w ✓GO rn Z v 0 a L) pig z w OJ ~ Lfi lJ �J _ 632dn8 3dv3soN+n „z e„ and j� s u ° z � ° O -LORl1SI4 ONINOZ IVIOb3WWOO 17-0 ! n MOD H31NBO JNIddOHS 3OVId NVOIl3d w 001 W �] Q w FOIL, a Agenda Item No. 8A January 24, 2006 Page 108 of 125 I PINE RIDGE MIXED -USE CENTER PUD AMENDMENT .,�; TRANSPORTATION IMPACT STATEMENT (TIS) PUDZ -A- 2005 -AR -7403 PROJECT # 2005030054 DATE: 3/30/05 MIKE BOSI PINE RIDGE MIXED -USE CENTER PUD AMENDMENT MARCH 2005 aLllly,,,�, 0-0 . 1950 f7� 5 2005 hft6 METRO 'TRANSPORTATION GROUP,. INC. Your Transportation Resource Agenda Item No. 8A Ja "uavyQ4G(20@& L E 4A R D R#04409 of 125 FORT MYERS, FL 33919 -4489 TELEPHONE 239 - 278.3090 FAX 239 -278 -1906 www.metrotransportation.com TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS /DESIGN + .• j f .„�y .S w ' r rr � �✓ 'Aj;y� s il. ,f�i r.+ .v ,rr� r `, ,,ypt�� +:Na; � . ^: J y! jZ�k TT 1Tl y } �r� T+ f" Jl n `�"k i th JY,r` lir:•4 h .,j, k1Wr ,�,h. r � y' s I< � ,r �f .v�r+�a>��'d• �� t �,��t 14i�Y�, t y �"�' ^iSC� � � ��Fi'M + 4!tl •" �f ^'+"F r Six... +,. �.. •.'�i ly� +r �" tr� 1 t'�,'�u7f u . �d t rM �` rr jn t 4i t � $� y�'�+ Kt t ' ` f,, r "" '' ! � G k � �" w � ��•�[ � � , ,�t'�tt� ?a+ ; �"�',yA,�} � � �r ry_.;di1.�y„��:i6a* . t 8'' T `*' t.,,� 4's� �� A � ! � � � �`� p.` , f a,r ft �Ti r.r� M'&,�?�;' y.•. +'�,, `'> -. r I W" >,�r � .., r+ 1;,�`�, ,,,�'��_y �. v +,�' �r�tr., ! � x •fig' ��{�c� "' ,�Xe ! Tq• t i W'. pp r.. 'Je TO: Mr. Michael Fernandez Planning Development Incorporated FROM: Robert L. Price, E.I. Project Consultant Ted B. Treesh Principal/Regional Manager DATE: January 6, 2005 RE: Pine Ridge Mixed Use Center 1100 Pine Ridge Road Naples, FL 34105 Metro Transportation Group Inc. (Metro) has completed a traffic analysis for the above referenced project in order to obtain the proper permits to modify the development on the subject site from its existing 105 room hotel and 8,000 square foot restaurant to a proposed 64 unit multi - family development along with the 8,000 square foot restaurant. The restaurant use will remain unchanged as a result of this application: Metro referenced the Institute of Transportation Engineer's (ITE) Trip Generation Report, 7`h Edition, to determine the weekday peak hour trip generation on the subject site. A trip generation comparison was performed between the existing uses on the subject site and the proposed multi - family use. The Collier County Concurrency Spreadsheet was then referenced to determine the available capacity on the surrounding roadways at the time of project build -out. The project site is located on the south side of Pine Ridge Road to the east of its intersection with U.S. 41 in Collier County, Florida. Currently, a 105 room hotel and an 8,000 square foot high- turnover (sit -down) restaurant exist on the subject site. As a part of this submittal, the subject site would be modified to consist of a 64 -unit multi - family use and the 8,000 square foot high - turnover (sit -down) restaurant. Access to the site is provided to Pine Ridge Road allowing directional turning movements and Castello Drive allowing full turning movements. OTHER OFFICES: HOFFMAN ESTATES, IL - CHICAGO, IL ROCHESTER HILLS, MI Agenda Item No. 8A January 4, 2006 Mr. Michael F6tngadew of 125 Pine Ridge Mixed Use Center January, 6, 2005 Page 2 Trip generation calculations were performed based on the existing and proposed development scenarios indicated previously. Table 1 below indicates the weekday peak hour trip generation for the existing uses on the site. Additionally, Table 1 also indicates the trip generation of the proposed re- development of the subject site. Finally, Table I indicates the overall reduction in trips that will result due to the re- development of the Pine Ridge Mixed Use Center. A negative value indicates a reduction in trips as a result of the proposed modifications, and a positive value indicates an increase in trips. As can be seen in Table 1, the traffic currently generated by the uses within the Pine Ridge Mixed Use Center will be reduced as a result of the proposed modifications. Table 1 Trip Generation Pine Ridge Mixed 11ne Center Table I and Table 2A, attached, were created to demonstrate the methodology utilized to determine the existing as well as future Level of Service on Pine Ridge Road along the frontage of the Pine Ridge Mixed Use Center. The Level of Service thresholds utilized in Table IA for Pine Ridge Road were based on the 2002 FDOT Generalized Level of Service Spreadsheet for Urbanized Areas (attached). As indicated in Table 2A, the projected Level of Service on Pine Ridge Road will be acceptable based on the Collier County Concurrency standards. Therefore, no roadway link improvements will be required as a result of the proposed modifications to the Pine Ridge Mixed Use Center. As can be seen in Table 1, the traffic generated by the proposed site will be reduced as a result of the proposed modifications to the site. If you have any additional questions regarding this matter, please do not hesitate to contact me. Existing Uses 105 -room Hotel LUC 310 30 20 50 Fr 30 55 935 8,000 sq. ft. Restaurant (LUC 932) 50 40 90 45 .40 85 1,015 Total Trips 80 60 140 70 70 140 1,950 30 35 30 10 40 440 Proposed Uses 64 Condominium Units (LUC 230) 5 8,000 sq. ft. Restaurant (LUC 932) 50 40 90 45 40 85 1,015 Total Trips 55 70 125 75 1 50 125 1,455 -25 +10 -15 +5 -20 -15 495 Trip Reduction Table I and Table 2A, attached, were created to demonstrate the methodology utilized to determine the existing as well as future Level of Service on Pine Ridge Road along the frontage of the Pine Ridge Mixed Use Center. The Level of Service thresholds utilized in Table IA for Pine Ridge Road were based on the 2002 FDOT Generalized Level of Service Spreadsheet for Urbanized Areas (attached). As indicated in Table 2A, the projected Level of Service on Pine Ridge Road will be acceptable based on the Collier County Concurrency standards. Therefore, no roadway link improvements will be required as a result of the proposed modifications to the Pine Ridge Mixed Use Center. As can be seen in Table 1, the traffic generated by the proposed site will be reduced as a result of the proposed modifications to the site. If you have any additional questions regarding this matter, please do not hesitate to contact me. � D QCD Lo a �o- p o o°ec ~ CNr W 70cc c m D- (1) 0) Q n a a ►- 9 M M fL N y N 0 � I D D Ui Z 0 ^ 09 Z Q O „j C II C ..,_.... lam Iq O N N N L N O N J co 0 a W ~Y� � t o V9 LL J O a � W W > 13 � a G_ ; D N r N r 11 11 U U LL LL F- F- w w F Z x go CL cc a ° o > S ui > O O w U- J S 1 g<L N S J i �t f c n v J Q i 0 O N LO .0r ON O Z ANN Lr mco� -ocm c m0- a> a W J m Fa- en m H H O O O a e N n a LO K a a Y N N Q CL M c9 O o m m + o a W C-4 y W f LLl CL �i 0) i C6 a CL N r ►- a s I cc mto IL a z a C-4 C4 Y a z- IV N a q N cli Y a ° ° n Ln en m H H O O U. O 0 e N n y �0 K a a z 11 Z Q M c9 O o m CL W C-4 y W LLl 11 1 b U U r r WW s� �0 a a O o CL O 15.E K M a+ $ U U N m •L Y _J+II U m V g a N W Agenda Item No. 8A a January 24, 2006 TABLE 4 - 7 Page 113 of 125 GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBANIZED AREAS' UMNTERRUPTED FLOW HIGHWAYS FREEWAYS Level of Service Interchange spacing r 2 mi. apart Lanes Divided A B C D E Level ofSmko I Undivided t00 340 670 950 1,300 Lanes A B C D B 2 Divided 1,060 1,720 2,500 3,230 3,670 3 Divided 1,600 2,590 3,740 4,840 5,500 2 1,270 2,110 2,%0 3,580 3,980 3 1,970 3,260 4,SS0 5,530 6,150 STATE TWO -WAY ARTERIALS 4 2,660 4,410 6,150 7,480 8,320 Class I (>0.00 to 1.99 signalized intersections per mile) S 3,360 5,560 7,760 9,440 10,480 Level of Service Lima Divided A B C D B 6 4,050 6,710 9,360 11,390 12,650 1 Undivided •• 220 720 860 890 Interchange spacing < 2 mi. apart 2 Divided 250 1,530 1,810 1,860 ••• Level ofServke 3 Divided 380'. 2,330 2,720 ^: 2,790 ••• -4- `" ' Lanes A B C D B Divided - 490 3,030 3.460 3,540 ••• 2 1,130 1,840 2,660 3.440 1,910 Class 11(2.00 to 4.50 signalized intersections per mile) 3 1,780 2,890 4,180 5,410 6,150 4 2,340 3,940 5,700 7.390 8,380 Level of Service Lanes Divided A B C 5 3,080 4,990 7,220 9,340 10,620 D B 6 3.730 6,040 8,740 11,310 12,650 1 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 (Note; Level of service for the bicycle mode in this table is based on roadway Class III (more than 4.5 signalized intersections per mile and trot geometries at 40 mph posted speed and traffic coadidons, not number or bicyclists using the faeflity.) (Multiply motorised vehicle volumes shown below within primary city central business district of an by number of directional roadway lanes to determine maximum service volumes.) urbanized arcs over 750,000) Level of Service Paved Shoulder/ Level orService Bicycle lane Lades Divided A B C D H Coverage A B C D g E I Undivided 280 660 810 2 Divided •• '• 650 1,510 1,720 0,49X, •• •• 170 720 >720 50-94% •• 3 Divided •• •• 1,020 2,330 2,580 130 210 >210 ••s 85 -1009A 160 390 >380 ••• ••• 4 Divided •• •• 1,350 3.070 3.330 Class IV (more than 4.5 signalized intersections per mile and within PEDESTRIAN MODE (Note: Level of service for the pedestrian mode in this table is based on roadway primary city central business district of an urbanized area geometries of 40 b � Doses egad and traffic conditions, not the number of over 750,000) pedestrians using the facility.) (Multiply motorized vehicle volumes shown below Level of Service by number of directional roadway lane to determine maximum service volumes.) Lana Divided A B C D E 1 Undivided •• •• 270 720 780 2 Divided •• •• 6S0 1,580 1,660 Level orSC[Yltx Sidewalk Coverage A B • 3 Divided '• • 1.000 2,390 2,490 C D E 0-49% .• •• as 330 810 4 Divided as •• 1.350 3,130 3,250 50.84% •• •• •• 520 990 85 -1006. •• 120 590 >590 sass NON-STATE ROADWAYS Major City/County Roadways BUS MODE (Scheduled Fixed Route) Level of Service Lanes Divided A B C (Buses per hour) D E I Undivided •• •• 480 760 810 Level of Service Sidewalk Coverage A B C D 2 Divided •• •• 1,120 1,620 1,720 3 Divided •• •• E 0.84% *• >5 >4 �3 > 2 1,740 2,430 2,380 85 -I00% >6 >4 2:3 >2 >1 Other Signalized Roadways ART'ERIALfNON -STATE ROADWAY ADJUSTMENTS (signalized intersection analysis) DIVIDED/UNDIVIDED Level of Service Lanes Divided A B (niter corresponding volumes by the indicated percent) ' C D H 1 Undivided •+ •• 250 530 660 2 Divided •• •• 580 Lanes Median Left Turns Lanes Adjustment Factors 1,140 1,320 1 Divided Yes +574 Source. Florida Department of Ttuuporiation 02122/02 1 Undivided No :209/6 Systems Planning Office Multi Undivided Yes -5% 605 Suwannee Street, MS 19 Multi Undivided No -25% Tallahassee, FL 32399 -0450 bttpJ /wwwi I. myt lorida. eoaVplarming /aystemdom/los/default.htm ONE WAY FACILITIES Increase c i volume 20% "pit table bra as le sod dons wrWesd end slnotdd bo rued only for enema plsrottas spplfe mom. TMs computer mMab from wilidt 166 ft-W b dermed rboldd be grad her am sad dwlMra Oamqmw sery ice Ind mfr the mode nnde4 &b"W am be most for m Wes or tmwswdm steles, labors mom mfMed radooltpus abL YOhm ahovrs o Moan °tea nrvka and ors lees sbo sraornobAMnwM modes radses spedfkmlly must Levu of ranks New Qsds tlueshoWr sn Y dieeadomI wlrna for Nrele of od not made lahb motion. F probahiy voagetebN acmes modes esd, deemlam, Grass model aampwiaww should be tul►wmers oombtnlrK lwsb of urvbe of �Ifatmt modes lass erx overall r..dla y best e<arvka b nos tawntradsd To anwra es crawl eversp dNly tnflb vhrsrns ewes. vokares aver be divWd by spyreprism D end K feemm, The table's heels vela, dd6ats, sod level ofswrip wiled spear err aw followlts pass. CebvNaimw an bond m H O., Cnpseiry Mead. Bieyele LAS Modal. Pedwrrir LOS Modal end TrsnsM Copaehy end Q outy of gmkg Mooml, woprllvey fw dw via epplks4oru otthe "Cannot 1x "" ad atby able input value dafaalts. �. NeyeN. Pedestrian mod ba madm '•'Nm applicable for der Neel of "MOD letter grade. For sotornobildtmak me&& vobamr truster dwn level of service D base nos F baceuse Mawawimi apsWw hive bum reached. For bicycle and pedendso modes, the level of service later trade awiadlns F) le ram ahiavabk, because Over, le ao aueMun vehicle volww threehoM Vol toble ai input vslus MhuMr.- 97 -'� January 24; 2006 Page 114 of 125 LETTER OF :ACKN'OW LED►GEI!!IENT & CONFIRMATION OF ALTTla10RIZKrI0N The undersigned do hereby swear or afftim that they are the fee simple title holders and -ownr,rs of record of property whicb is one (the restaurant unit) -of two condominium units within the existing P'UD. This condominium parcel is further described as: SEE ATTACHED BX111BIT "A" The undersigned do hereby acknowledge that the other unit is the existing Grmid Inn (the hotel unit). This condominium parcel is further descn-bed as: SEE ATTACHED E)G BIT "13" T'hc Grand Inn Hotel is proposed to be converted to residential condominiums and requires the application and approval of the petition proposed to be known as Pine Ridge Mixed -else MPUD. SEE ATTACHED EXI.11BIT "C" Tho entire property described by Exhibit "C" eucumbers both of the above referenced condominium parcels and is the subjoct of an application for a Mixed -Use Planned Unit Development (MPUD) Amendment and associated subsequent development orders within Collier County. W'o hereby designate Pdanning Developnrenl Iacornorated I Michael R. P'erpandez, AICP and Grand Inn of Naples, InG l Mlchae Kessous as the legal representative(s) of the property described as the restaurant condominium parcel and further described in Exhibit "A" and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking; the necessary approvals to develop this site as propose-d�---.. ,\ � ol (' /�— Printed Owner Name NAPLES Ii'IW LLC Printed Name of Authorized Signature STATEOF��'�dc COUNTY OF C -, V,, e Sworn. to (or affirmed) and subscribed before me this 11 4' day of 2005 by sa—c- . e 4 'z , who is personally known to me or who has produced C2-- identification. ;tor-.a.0. Notary Public : `�rR . ay Kell Foote SE s, My Commission Expires: '�' ' "��C`e scion * DD? ` En S: JI.Y 22 2 C 3 ' Fr- ApROtiNOTARY -COM u r`. typed, printed or stamped x Documentation of Authorization Attached iio 3Ddd 65Vh SNVDINN38 L48TZVCOTZ TV :V0 SeeZ /t'T /TT �V: ttodaoaNR =- :�1�tNa0"1�A� ❑JNS'lJiVd'ld- . ;'= yu:iv:v -: "t• -,r �,�::4. -- :oar�1'�a9a Hgen a Item. "IVo: � . January 24, 2006 OR: 3389 PG: PIK615 of 125 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 GRAND INN OF NAPLES, A CONDOMINIUM RESTAURANT UNIT LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST 112 OF THE WEST f 112 OF SAID LOT 51; THENCE N.90000'00M, ALONG THE NORTHERLY LINE OF SAID LOT 51, A DISTANCE OF 335.05 FEET; THENCE S.00 °00'00 "W., A DISTANCE OF 80.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL ` OF LAND HEREIN DESCRIBED; THENCE S.90°00'00 "E., A DISTANCE OF 7.60 FEET; THENCE N.00 °00'00 "E., A DISTANCE OF 5.20 FEET; THENCE S.90 °00'00 "E., A DISTANCE OF 12.00 FEET; THENCE S.00 °00'00 "W., A DISTANCE OF 2.90 FEET; THENCE S.W*00'00 "E., A DISTANCE OF 17.70 FEET; THENCE N.00 000'00 "E., A DISTANCE OF 2.85 FEET; THENCE S.90°00'00 "E., A DISTANCE OF 12.00 FEET; THENCE S.00 °00'00 "W., A DISTANCE OF 5.15 FEET; THENCE S.90 000'00 "E., A DISTANCE OF 7.61 FEET; THENCE S.00 °00'00 "W., A DISTANCE OF 13.02 FEET; THENCE S.90°00'00 "E., A DISTANCE OF 0.42 FEET; THENCE S.00 °00'00 "W., A DISTANCE OF 22.00 FEET; THENCE S.90°00'00 "E., A DISTANCE OF 3.00 FEET; THENCE S.00 °00'00 "W., A DISTANCE OF 29.97 FEET; THENCE N.90 °00'00 "W., A DISTANCE OF 3.00 FEET; THENCE 5.00°00'00 "W., A DISTANCE OF 8.00 FEET; THENCE S.90 °00'00 "E., A DISTANCE OF 3.00 FEET; THENCE S.00 000'00 "W., A DISTANCE OF 50.72 FEET; THENCE N.90000'00 "W., A DISTANCE OF 62.10 FEET; THENCE N.00°00'00 "E., A DISTANCE OF 110.69 FEET; THENCE S.90 °00'00 "E., A DISTANCE OF 1.77 FEET; THENCE N.00 000'00 "E., A DISTANCE OF 13.02 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.18 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.90 °00'00"8.. SHEET 1 OF 3 EXHIBIT "A99 99 r r r r s r i r i i i Agenda item' No_ 8A, OR: 3389 M'PU1116 of 125 THIS PROPERTY IS SUBJECT TO EASEMENT'S, RESERVATIONS OR RESTRICTIONS OF RECORD. A.'BW -lbl , ATE OF FLORIDA, (L.S. #4760) :$"UR ' AAM"R.S INC., (L.B. #6753) ' pfIS1C.,PAND NN P.ESTPAN7 07 22 03.Nvp SHF.FT 2 OF 3 < (D Lo CD N O 70 C CU C CO d a O Q � 2 Q iz Lu Z cn ;T., ti C) I."b,* w Nw LQ OR: 3389 PG: 1018 :t Ell. O z < Z11 Mau -- Agenda Item No. 8 A' January 24, 2006 OR; 3389 PG; 1nje 118 of 125 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 GRAND INN OF NAPLES, A CONDOMINIUM HO'V'EL UNIT LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN A PORTION OF THE EAST 112 OF THE WEST 112 OF LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST 1I2 OF THE WEST 112 OF SAID OF LOT 51; THENCE S.00 019'56 "W. ALONG THE WESTERLY LINE OF THE EAST 112 OF THE WEST I12 OF SAID LOT 51, A DISTANCE OF 60.55 FEET; THENCE S.90 °00'00 "E., A DISTANCE OF 56.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE 5.90°00'00 "E., A DISTANCE OF 10.90 FEET; THENCE N.45 °00'00 "E., A DISTANCE OF 35.06 FEET; THENCE S.45 °00'00 "E., A DISTANCE OF 25.20 FEET; THENCE N.45 °00'00 "E., A DISTANCE OF 13.75 FEET; THENCE S.45°00'00 "E., A DISTANCE OF 15.35 FEET; THENCE N.45 °00'00 "E., A DISTANCE OF 13.10 FEET; THENCE S.45°00'00 "E., A DISTANCE OF 3.07 FEET; THENCE N.74 056'56 "E., A DISTANCE OF 4.35 FEET; THENCE S.45 °00'00 "E., A DISTANCE OF 87.79 FEET; THENCE S.I3 °59'50 "W., A DISTANCE OF 4.40 FEET; THENCE S.45000'00 "E., A DISTANCE OF 16.30 FEET; THENCE S.45 °00'00 "W., A DISTANCE OF 12.45 FEET; THENCE S.45 °00'00 "E., A DISTANCE OF 6.09 FEET; THENCE S.00 000'00 "W., A DISTANCE OF 20.19 FEET; THENCE S.45 °00'00 "W., A DISTANCE OF 6.29 FEET; THENCE S.45 000'00 "E., A DISTANCE OF 1 2.50 FEET; THENCE S.45W'00 "W., A DISTANCE OF 16.18 FEET; THENCE S.15 °59'15 "E., A DISTANCE OF 4.35 FEET; THENCE S.45 °00'00 "W , A DISTANCE OF 90.47 FEET; THENCE N.76'00'1 0"E., A DISTANCE OF 4.44 FEET; E, CE S.45W'00 "W., A DISTANCE OF 18.45 FEET; THENCE N.45 °00'00 "W., A DISTANCE OF 17.70 FEET; THENCE S.45 °00'00 "W., A DISTANCE OF 8.74 FEET; THENCE N.90 °00'00 "W., A DISTANCE OF 13.99 FEET; THENCE N.45 °00'00 "W., A DISTANCE OF 5.59 FEET; THENCE S.45 °00'00 "'W., A DISTANCE OF 6.60 FEET; THENCE N.45 °00'00 "W., A DISTANCE OF 28.86 FEET; THENCE N.90°00'00 "W., A DISTANCE OF 10.29 FEET; THENCE N.W`00'00 "E., A DISTANCE OF 177.36 FEET TO THE POINT OF BEGUVflNG. PARCEL CONTAINS 0.63 ACRES, MORE OR LESS. SHEET 1 OF 3 Exhibit "B" - -- gen a,item vp, A , January 24, 2006' OR: 3389 PG: 14 119 of 125 BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.90000'O0"E.. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR REST4ZICI,70NS OF RECORD. may'` :.: y ' •• '• `1!. • ., ,l t: *.�'&RfATE OF FLORIDA, (L.S. #4760) $ MAPPERS INC., (L.B. #6753) Z. PTitNJSNORAND NN HOTEL 07 22 03,lwp SHEET 2 OF 3 Exhibit "B" r r r i i r i i 4 I I I LU o� rc� ` rc ti4 ,.❑ u 2 v �i I 7 Apenpam n J n ary 24, 20.06 OR-4 3389 PG: I I e 120 of 125 11) - 40" w Coa /n /*0 0" 4 a N W 1 V 6 v I Z v � S V w� v� uj o Ot h kk u7 lit r C) r.�r} C) I�f i 1 � of g 7ruJ wes I .ss 1; 107 JO 411 1 S3M 3H1 30 ZA 1 SY3 3H1 30 317 A 7831 5A -� fi F � `�°' � oert��QqCp:ep�qyp�pfgpfprp' ApJ'�qrpPqPpAqAqAqPqApAppq `��+ o ry g n, n x N n n n n t„ qp pQ w Vi Q L44 W s p (y ♦ y� V �p ~ 4 QQ •. ti UA rppNprpprprNprrprkrq ; prpFPr U pAPB Gp� ❑pj �pl pGp oPo pO fipp gp $o xR� �Rs �o ��i �, 4N7 nN }nrS�n ♦n'n't „ „.fQ. n �x �Q g A � 3p uj N v. y�w2 t2 Z V T fns .:G W z Exhibit "B” &.—' I■ 1�1 8V zu E-4 U p`W +� o t lit Q < �,fi� G � R B a '3 Agenda Item Iqo. 8A �R� 3389 FG' 101`�'nuary24, 2006 GRAND INN OF NAPLES, , age 121 of 125 a A CONDO;'1TLN1UM LEGAL DESCRIP'T'ION ARCEL I A LOT OR PARCEL OF LAND LYING IN LOT 51, NAPI.ES IMPROVEMENT COMPA'4Y LrTTLE TARIMS, ACCORDTNG TO A MAP 71f-EREOF RECORDED, TN PLAT BOOT: 2, AT PACE 2, OF THE PUBLIC RECORDS OF COLLIER, COUNTY, FT.ORMA. u4WCH LOT OR PARCEL IS DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 15, TOWNSHIP 49 SOUTH. RANGE 25 EAST. RUN EASTERLY ALONG THE NORTH LINE OF SAID SEC71ON 661.3 FEET; THENCE RU-8 SOUTHERLY FOR 1.1 FEET TO THE NORTHWEST CORNER OF 71(T EAST HALF (f. 112) OF WEST HALF (W 112) OF SAID LOT 51 TO THE POINT OF BEGINNING: THENCE RUN SOUTH ALONG THE WEST LINE OF SAFD EAST HALF (E 112) OF 71- E WFST HALF (W 1!2) FOR 316.5 FEET MORE OR LESS TO Tl-TE SOUTH LMT: OF SAID LOT 51: THENCE RUN EAST ALONG SAID SOUTH LME FOR 150 FEET; THENCE RUS NORTH PARALLEL TO SA@ WEST L•'N'E OF THE FAST HALF (E 1(2) OF THE WEST HALF (W 112) FOR 316.5 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF SAID LOT 51 Th0NCE RUN WEST ALONG SAID NORTH LNE FOR 150 FEET TO THE POINT OF BEGINNING. EEFNG WEST 150 FEET OF SAID EAST HALF (E In) OF THE WEST HALF (W 1n) OF LOT 51, LESS AND EXCEPT THE NORTH 10' THEREOF. PARCEL 2 EAST ISO FEET OF THE WEST 300 FEET OF THE EAST HALF (E 1i2) OF THE WEST (W 112) OF LOT 51, NAPLES IMPROVEME-NT COMPANYS LITrLE FARMS. A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 2. IN THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LESS AND EXCEPT THE NORTHERLY 15' 7rIEREOF. MEE;.3 A LOT OR PARCEL OF LAND l.Y1NG M LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, ACCORDING TO A MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK L AT PAGE 2, OF TlTE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, %VHICH LOT OR PARCEL IS DESCRIBED AS FOLLOWS: FROM T-TE NORTiiWTST CDRNER OF SECTION I$, TOWNSHIP 49 SOUTH, RANGE 2< GIST, RUN EASTERLY ALONO THE NORTH LNE OF SAID SECTION 662.) FEET, THENCE RUN SOU ZERLY FOR 15 FED' TO THE NORTW{ VEST CORNER OF T'rfE FAST HAi F (E In) OF WEST HALF (W In, OF SAID LOT 51, 71IEN'CE RUN EASTERLY ALONG THE NORTFI LNE OF SAID LOT 51 FOR 375 FEET TO TIM POINT OF BEGINNING OF 1)-IE LANDS HEREBY CONVEYED. FROM SAID POINT OF BEOINNMO RUN SOU'}, I, PARAUEL TO THE WEST LIKE OF SAID EAST HALF (E li '2) OF THE'WUT (W In) FOR 116.5 FEET MORE OR LESS TO THE SOUTH LINE OF SAID LOT 5 i, T -HENCE RG'N EAST ALONG SAID SOUTH LINE FOR 75 FEET, TITFNCE RUN PARALLEL TO SAID WEST LINE OF THE EAST' HALF (E 1R) OF THE V,TST HALF (W In) FOR 316,5 FEET MORE OR LESS TO A POINT ON T1{E NORTH LME OF SAID LOT 51; TT•IENCE RUN WZST ALONG SAID NORTH LINE FOR 75 FEE? TO THE POINT OF BEGINNING: BEING THE EAST 75 FEET OF THE \4TST 450 FEET OF SAID EAST HALF (E 112) OF THE WEST IiAi_F (W In) OF LOT 51, P.k? EL 4 SOUTH 105 FEET OF THE EAST 125 FEET OF THE WEST'.;" Of LOT 51, NAPLES IMPROVEMENT COMPANY'S, LrM.F. FARMS AS RECORDED IN PLAT BOOK 2, PAGE 2, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. P,4RCE111 }IF EAST HALF (1r) OF 'T i IE A EST HALF (M) EXCEPT -,HE EAST 125 FEFT AND EXCEPT TlrE WEST 450 FEET, OF LOT 5; LESS THE NORTH I S FEET FOR RIGHT- OF•WAY, LOT 51, NAPLES IMPP.01TMENT COMPANYS L7rT-LE F,A oM.S AS RECORDED IN PLAT BOOK 1, AT PAGE 2, OF T"rTE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA EAST 75 FEET OF T'nc WEST 375 FEET OF THE EAST H LF (E 1!-,) OF T1iE WEST HALF (W I,,) OF LOT 51 i-_SS THE NORTH 15 FEET FOR R. HT-Of-WAY. NAPLES IMPROVEMENT COMPWI S L TTT_E F&R.MS FS RC•COP.DED N PLAT BOOK 1, AT ! PAGE PUBLIC P,SCORDS OF COLLIER COUNTY, FLORIDA EXHIBIT 6499 Q (D Ln .°or ON O Z � N N QS Q h I� I` I I ly I �fNTTXNj1r,It3L M Iu k I �� W IQXJ 1/I {tM M It ♦il 1lII FI I I I - -- ---- - - - - -- ---------- - - - --- - -- (tl .t xf a '2 w taww t n I ` N txf 4i a � � 1Mt 1MYi0h11t7Y �" 44 14- It - r�..- I � j r- - I i I h I K j ' I I - �II i I l I `I N Io, wl •1 1— A-. k w y V WI 7 IM, 1x1) � KI IfT V UV Jl NC '1 KJ+mM n w, w NI Itl� ►+ w riI as.I hl w r,..asr a i RI i !gy o �* A S t cc p� LU N Im ?I"IOQYf M r• N /Y .r w ,n IYYMI /N Pf +d 'J.►S. rfwOT I I I 7 . h � a•� , I w p►�rI IiI,.LLi�T I` I I ly I �fNTTXNj1r,It3L M Iu k I �� W IQXJ 1/I {tM M It ♦il 1lII FI I I I - -- ---- - - - - -- ---------- - - - --- - -- (tl .t xf a '2 w taww t n I ` N txf 4i a � � 1Mt 1MYi0h11t7Y �" 44 14- It - r�..- I � j r- - I i I h I K j ' I I - �II i I l I `I N Io, wl •1 1— A-. k w y V WI 7 IM, 1x1) � KI IfT V UV Jl NC '1 KJ+mM n w, w NI Itl� ►+ w riI as.I hl w r,..asr a i RI i !gy o �* A S t cc p� LU N LL J O i� � Z it lip I iY o�a0�• i '� ' v♦ 1'� �Idu u od «suJS..c�r1r�� C ►dJ�My. M.�wI+MO J S OM1 .�� ° g 12 F`Ww J R � 6 M . f ( ! � �tl � • p �� qq W - . h ■ '4 r cc Lu LL J O i� � Z it lip I iY o�a0�• i '� ' v♦ 1'� �Idu u od «suJS..c�r1r�� C ►dJ�My. M.�wI+MO J S OM1 .�� ° g 12 F`Ww J R � 6 M . f ( ! � �tl � • p �� qq W - Agenda Item No. 8A January 24, 2006 Page 123 of 125 Planning Development Inco r orated dewcA,o;rµevz Xovc v,,zavt6, Evytiveep6, HA,avvepa av8 Aav8aXa7re Apxrlczexza 5133 Xamrc, , ,o Apimg lurrE 2 Nan xcr, (Mopt8a 34103 2391263-6934; (Pad: 239 /263 -6981 17d1 MPO- A OA. XOM MEMORANDUM Aare. December 9, 2005 pe. Pine Ridge Mixed Use MPUD 061,e: Parking Michael R. Fernandez, AICP Original Project SDP: Grand Inn of Naples SDP # 97 -147a 105 hotel rooms + 908.5 sf meeting rooms + 500 sf lounge + 5,500 sf restaurant Required 184 parking spaces; 204 provided (20 excess) Subsequent Project SDP Amendment: Provided for the expansion of the restaurant and reduction in provided parking to: 105 hotel rooms + 908.5 sf meeting rooms + 500 sf lounge + a restaurant with a maximum area of 7,560 sf Required 193 parking spaces; 199 provided (6 excess) Then, in 2003 the firm of Grady Minor amended the SDP for Bennigan's Restaurant and further reduced the provided parking to the current site configuration with the SDP stating 197, but providing 192 parking spaces. The survey of the site improvements, recently confirmed by the same surveyor (BBLS), survey dated 2/23/05 depicts a restaurant (LDC gross parking area) with an area of 5300 sf building + 870 sf outdoor seating area. Agenda Item No. 8A January 24, 2006 Page 124 of 125 RESTAURANT PARKING With a rezoning amendment the parking required for this restaurant is the greater of parking by Area: Public areas: 3,300 sf @ 1 per 60 sf = 55 spaces + 870 sf 0) 1 per 60 sf = 15 spaces 4,170 sf @ 1 per 60 sf = 70 spaces + Non Public areas: 2.000 sf (d) 1 per 200 sf = 10 spaces 80 spaces or parking by Seating: Per architect's signed and sealed submittal to Collier County (sheet al. 1, floor plans, dated 06.07.05 by Architectonics Studio): Outdoor Seating = 16 seats Indoor Seating = 106 seats Indoor Bar Seating = 26 seats Outdoor Bar Seating = 16 seats Total Seating 164 seats 164 seats @ 1 per 2 seats = 82 parking spaces required + 2,000 sf non public areas 1:200 = 10 spaces 92 spaces required Therefore, the required parking is 92 spaces for the restaurant. Note that the current Collier County Occupational License describes this facility as a cafe - restaurant; with a classification of a restaurant and category of 150 + seats. A State Permit allowing liquor would require a minimum seating capacity of 200 + seats and therefore would require a minimum of 111 spaces or 19 additional spaces. The MPUD Master Plan allows for site alterations and it is anticipated that the site layout can be modified to yield these additional parking spaces if desired or required. If the designation were to changed to a bar, the existing facility's parking requirements would increase to 118 spaces or 26 additional spaces. However, the MPUD, as proposed does not provide for a bar as a permitted use. Agenda Item No. 8A January 24, 2006 Page 125 of 125 RESIDENTIAL PARKING 21 — 2 bedroom units @ 2 per unit: 42.00 spaces 35 — 1 bedroom units n, 1.75 per unit 61.25 spaces 103.00 spaces TOTAL ANTICIPATED SDP PARKING REQUIREMENT: This estimated total is subject to change due to the final number of units and their associated bedrooms. 92 Restaurant spaces + 103 residential spaces = 195 spaces The MPUD Master Plan is a graphic of the existing site conditions as provided by BBLS, the project surveyor. It depicts 196 parking spaces and therefore is capable of supporting the existing restaurant as classified and the residential units as anticipated. Additionally, the site has unconfirmed potential to yield additional parking and a quick assessment suggests the potential of 20+ additional parking spaces. Agenda Item No. 813 January 24, 2006 Page 1 of 73 EXECUTIVE SUMMARY PUDEX - 2005 -AR -8382 Cleveland Clinic Florida, represented by Jeffrey Nunner, P.E., of Nunner Group LLC, is requesting the second 2 -year extension of the Astron Plaza PUD in accordance with LDC Section 10.02.13.D.5(a). The subject property, consisting of 8.56 acres, is located on the south side of Pine Ridge Road and the north side of 10th Street S.W. in Section 17, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners consider a request for the second two -year extension of the development time limit of the Astron Plaza PUD as well as ensuring that the project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: Section 10.02.13.13 of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the Board of County Commissioners and every year thereafter based on the anniversary of its adoption. For Planned Unit Development projects approved prior to October 24, 2001, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by Section 10.02.13.13, then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. The LDC allows PUD projects to be considered for up to two, 2 -year extensions. This petition seeks approval of the second extension for a term of two years. This extension would allow the applicant two more years to obtain necessary development approvals in order to develop under the existing PUD approval. This project was originally a 7.6± -acre project that was re -zoned from Estates ( "E ") to PUD on September 18, 1990, via Ordinance Number 90 -69, with professional offices and banks as the primary permitted uses within a project. Building height was limited to 35 feet. An ancillary restaurant was also a permitted use, but it was limited to a maximum of 2,000 square feet. On September 3, 1996, the PUD was amended by Ordinance Number 96 -49 to increase the allowable height from 35 feet to 42 feet. On November 24, 1998, the project was changed by Ordinance Number 98 -110 to add 0.93 acres for the current total project size of 8.56± acres. Additionally PUD Section III of the amended ordinance approved additional uses that include retail, hotel, Child Day Care Services and Group Care Facilities. That amendment also removed the restaurant size limitation and increased the allowable height to a maximum of 60 feet. On January 27, 2004, this PUD was extended from the original sunset date of November 30, 2003 to November 30, 2005 in Resolution 04 -27. If the current extension request is approved, the applicant will have until November 30, 2007 to meet sunsetting criteria, or the PUD will have Astron Plaza PUDEX- 2005 -AR -8382 January 24, 2006 BCC Page 1 of 5 Agenda Item No. 8B January 24, 2006 Page 2 of 73 to be amended, or the property will have to be rezoned because no more extensions can be granted, per the LDC. To date, no development approvals have been sought for any portion of the PUD. The applicant did not provide any specific reasons why development has not proceeded in accordance with the PUD limitations, other than to state that development plans have not commenced in a timely enough fashion to meet county PUD sunsetting requirements. Synopsis of Approved Land Uses: The PUD document that was adopted as part of the approval for this PUD contains the list of uses approved for the project. As part of this extension request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan. The PUD would retain the approvals that were granted in 1998; any changes would require a separate amendment request. The subject property is located along Napa Boulevard to the east, and to the east of Napa Boulevard the land is zoned C -1/T, and it is developed with medical office uses. There is a canal to the west of the subject property which abuts the I -75 right -of -way. North of the site is Pine Ridge Road and then the Cleveland Clinic campus, which is part of the Vineyards DRI /PUD. To the south is 10t` Avenue Southwest and then Estates - zoned, single - family homes within Golden Gate Estates. Aerial Photo Astron Plaza PUDEX- 2005 -AR -8382 January 24, 2006 BCC Page 2 of 5 Agenda Item No. 613 January 24, 2006 Page 3 of 73 PINE PIDGE ROAD fC.R. E96) _ ._. 25 T �2E� 41 42 57 5B 73 PUD r 10 ASTRON PLAZA. OTH- AIE. r e' 77 it 24 27 40 43 56 59 72 v CU 23 a6 12 - 39 M14 55 60 71 6 ! I I I I I 12TH I AvE. 1S.'A,- Zoning Map Excerpt Consistencv with the Collier County Growth Management Plan (GMP) This PUD is located within an Urban Commercial, Mixed Use District, further designated as Interchange Activity Center #10. The GMP states: Interchange Activity Center. 10 allows for a mixture of land uses - which may include 100% or any combination thereof, of each of the following uses: the full array of commercial uses, residential and non - residential uses, institutional uses, hotel /motel uses at a density consistent with the Land Development Code, and Business Parks. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. The rezoning action was deemed consistent with the GMP when the subject site was rezoned to PUD; no changes are proposed to the PUD document or the PUD Master Plan, therefore the PUD remains consistent with the GMP. Consistency with the Collier County Land Development Code (LDC): Section 10.02.13.1) of the LDC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: The PUD and the Master Plata are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements (LDC 10.02.13.D.6.b.i.); and No changes have been adopted to the GMP that would make the previously approved PUD inconsistent, therefore the PUD remains consistent with the GMP. Astron Plaza PUDEX- 2005 -AR -8382 January 24, 2006 BCC Page 3 of 5 Agenda Item No. 313 January 24, 2006 Page 4 of 73 The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning (LDC 10.02.13.D.6. b.ii); and The Astron Plaza PUD Master Plan established an increased building setback along 10th Avenue Southwest of 50 feet for any building up to three stories high, and 125 feet for any structure four or five stories high to address compatibility issues as part of the last amendment for this project. The project was deemed compatible and therefore consistent with the GMP in 1998, and there have not been any changes in the area that would reverse that finding. The project was also deemed compatible with the first extension request, and there have been no rezoning actions approved in the area since the first extension was granted. Additionally, the uses approved in the Astron Plaza PUD remain compatible with existing and proposed uses in the area. The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. Roadway improvements have been made to Pine Ridge Road to accommodate growth along this corridor since the 1998 amendment. The PUD Master Plan depicts one access to Napa Boulevard and no access to Pine Ridge Road or to 10ffi Avenue Southwest. The PUD Transportation Section in 4.5 includes additional limitations upon this project's access points. The PUD document contains language to address other public facilities. Staff Comments: The uses that were approved for this PUD remain compatible with other uses expected to be developed in this area given the GMP Interchange Activity Center designation. Staff review of the PUD extension has revealed there is a discrepancy in the buffering requirements between the PUD document and the Master Plan. The correct 20- foot -wide buffer requirement is stated in the PUD document, but an incorrect buffer width of 10 foot is shown on the Master Plan Exhibit G. The PUD document will be utilized in all future development orders for this PUD. As noted in the executive summary for the first extension request (PUDEX- 2003 -AR- 4607), Transportation Planning staff has indicated that an eastbound right turn lane on Pine Ridge Road at Napa Boulevard may be required subject to traffic analysis of future site development plans. Both the buffering and the turn lane issues will be addressed in the site development plan approval process. The extension action does not propose changes to the Master Plan. Any change to the Master Plan would need to be approved pursuant to LDC Section 10.02.13.B.4 as an amendment rather than an extension. Astron Plaza PUDEX- 2005 -AR -8382 January 24, 2006 BCC Page 4 of 5 Agenda Item No. 8B January 24, 2006 Page 5 of 73 FISCAL IMPACT: Extension of the PUD will have no fiscal impact upon Collier County. 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, which is found in LDC Section 10.02.13.D.6.b. A summary of the legal considerations and findings is noted below: • The PUD and the Master Plan remain consistent with the current Growth Management Plan including, but not limited to, density, intensity and concurrency requirements; • The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning; and • Approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve this request to allow the �^ PUD time limit to be extended until November 30, 2007. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Astron Plaza PUDEX - 2005 -AR -8382 January 24, 2006 BCC Page 5 of 5 Agenda Itern No ©B - January 24. 2006 Page; 6 of 73 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 88 Item Summary: This item requires that all participants be sworn in and ex parts, disclosure be provided by Commission members. PUDEX- 2005 -AR -8382: Cleveland Clinic Florida, represented by Jeffrey Nunner, F.E., of Nunner Group LLC. is requesting the second 2 -year extension of the Astron Plaza PUD in accordance with LDC Section 10.02.13.D. 5ia7. The subject property.. consisting of 8.56 acres is located on the south side of Pine Ridge Road and the north side of 10th Street S.W in Section 17, Township 49 South, Range 26 East County, Florida Meeting Date: 1!24!2006 9 -. .00.00 AM Prepared By Kay Deselem, AICP Principal Planner Date Community Development 8 Zoning & Land Development Review 12;1612005 10:50:51 AM Environmental Services Approved By Jeff Klatzkow Assistant County Attorney Date County Attomey County Attorney Office 1211612006 11:24 AM Approved By Constance A. Johnson Operations Analyst Data Community Development & Community Development & 12/1612005 3:56 PM Environmental Services Environmental Services Admin. Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & l V1912005 9:58 AM Environmental Services Environmental Services Admin, Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12/19/2005 2:22 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning &Land Development Review 1212012005 6:25 AM Environmental Services Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 12/2112005 3:66 PM Approved By Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 12 %2112005 8:55 PM Environmental Services Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development & 12!29/2005 2:48 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11312006 3:46 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11412006 1:51 PM Approved By Michael Smyltowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1112;2006 10:64 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 1!12(2006 4:10 PM Commissioners N 4 .Agenda Item No. 8B January 24, 2006 Page 7 of 73 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 403 -2400 FAX (239) 643- 6968 Exhibit B 'D110♦ ff PETITION NO (AR) PUDEX- 2005 -AR -8382 PROJECT NAME PROJECT #19990307 PROJECT NUMBER DATE: 9/27/05 DATE PROCESSED KAY DESELEM ASSIGNED PLANNER tiPP1O++T3` lflRMATFON, s- NAME OF APPLICANT(S) CLEVELAND CLINIC FLORIDA (A NONPROFIT CORPORATION) ADDRESS 6101 PINE RIDGE ROAD NAPLES, FL 34119 TELEPHONE 239.348.4000 FAX 239.348.4797 NAME OF AGENT NUNNER GROUP LLC ATTN: JEFFREY A. NUNNER, PE ADDRESS 8113 LOWBANK DRIVE NAPLES FLORIDA 34109 TELEPHONE # 239.591.1328 FAX 239.591.1358 EMAIL: JNUNNERPSWFLA.RR.COM PUD Exunsion Application January 24, 2( BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOtFF LT°f 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: NO ASSOCIATIONS AFFILIIATED MAILING ADDRESS ZIP — NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP -- NAME OF HOMEOWNER ASSOCIATION: CITY r STATE CITY STATE MAILING ADDRESS _________ CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: CITY __ ____.. STATE -- ZIP _ __ MAILING ADDRESS - -- CITY STATE —_ ZIP Disrlosur�e nterest -%forriiia PUD Extmsim Application Agenda Item No. 8B a. If the property is owned fee simple by an INDIVIDUAL, tenar"P 2t6W06 entirety, tenancy in common, or joint tenancy, list all parties wl a ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of ownership See attached ownership information - Exhibit D 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 PUD Exumion Application Agenda Item No. 8B January 24, 2006 d. If the property is in the name of a GENERAL or LIMITED PARTgEP.SA`I 73 list the name of the general and/or limited partners. Name and Address Percentage of Ownership I e. If there is a CONTRACT FOR PURCHASE, with. an Individual or individuals, a Corporation, Trustee, or a Partnership, list the names of. the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract:_�___.._M__.�_ 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 PM EVmsion Application Agenda Item No. 813 January 24, 2006 Page 11 of 73 g. Date subject property acquired X 9/16/97 leased ❑ Term of lease -----yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form: PROPER'it''Y ]LO —7- 4 `' Detailed legal description of the property covered by the application: (if space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months,. maximum 1' to 400' scale) if required to do so at the pre - application meeting. See attached survey - Exhibit L 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 /Township /Range Lot: - Block: Subdivision: Plat Book________ Page #: Property LD. #: Metes & Bounds Description: Size of property: ft. X ft. = Total Sq. Ft. Acres PUD Extension Application Agenda Item o. 8B Address/senend location of subiect Pro certy: The property is located in the southwest A 2066 Page 12. of 73 the intersection of Napa Boulevard and Pine Ridge Road. The property is located in the southeast quadrant of I75 and Pine Ridge Road. T Y [. AI)JAEEI�TT .ZONIl 3.A TIi U' ! Zoning N ROW S Estates E Cam" 1 "T W Interstate Land use Pine Ridge Road Residential buffered by 10th Ave SW Medical Office Center 175 canal and 175 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). The applicant does not own property contiguous to the subject property. Section /Township /Range Lot: Block: Subdivision: Plat Book Page #: Property Metes & Bounds Description: Has this Master Plan received any previous waension(s)? X YES ❑ NO If YES, please indicate the date of approval(s) 1/27/04 and submit a copy of the Board of County Commissioners' approval Previous approval attached - Exhibit N Was the planned development proposed for two or more phases? ❑ YES ❑ NO If YES, please provide a copy of the approved phasing schedule. PUD Extension Application Has the Master Plan sunsetted? ❑ YES X NO Agenda Item No. 8B January 24, 2006 Page 13 of 73 If NO, please indicate the date that it will be sunsetted: 11 /30/05 and explain why the Master Plan, will be allowed to sunset: It is the intent of the applicant to obtain alwo year extension prior to sunsetting. This parcel is planned to be developed by the Cleveland Clinic as part of an expansion plan at the Naples campus across Pine Ridge Road. Planning is underway for Astron Plaza PUD to provide complimentary uses to the Naples campus. These plans have not been developed sufficiently to proceed to site plan approval. If YES, please explain why the Master Plan was allowed to sunset: Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that occurred before the master plan was vacated. Zoning Approval Date Original PUD zoning PUD Amendment PUD Amendment September 11,1990 September 3, 1996 November 24,1995 PUD Extension 2 Yews January 27, 2004 Is the extension requested for x the entire original development, or ❑ phase(s)7 If for phases, please indicate the phase number(s):_____ - --- _ Please explain how the Master Plan remains consistent with the current Comprehensive Plan, including density, intensity and concurrency requirements. The growth management plan identifies this area as an acdvity center. The property is situated at the southeast quadrant of I75 and Pine Ridge Road interchange. The density component is not applicable to the PUD approved uses. The type of uses previously approved in this PUD are of a type and square footage that is compatible with interchange commercial C1 — C5. There has been no change to the activity center to restrict existing allowable uses. All public facilities are concurrent and provide adequate capacity. PUD l xtmion Application Agenda Item No. 88 January 24, 2006 Page 14 of 73 Please explain how the development proposed by the Master Plan remains compatible with existing and proposed uses in the surrounding area in view of development approvals issued subsequent to the original approval of the Master Plan. A rezone from estates to commercial occurred to property located to the east subsequent the approval of Astron Plaza PUD. This rezone,provides addition compatibility. ' The project is also compatible with other adjoining uses through the internal arrangement of structures. The approved master plan places setbacks compatible with adjacent land aces. Does the development shown on the Master Plan place an unreasonable burden on essential public facilities? Please explain. The master plan did not place unreasonable burden on essential public facilities at time of approval and since then there have been upgrades to the public facilities: • Pine Ridge Road has been widened to 6 lanes. Utility improvements have also occurred in the service area. Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action. Include any additional materials and documentation in support of the 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 pronertv: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes x No If so, what was the nature of that hearing? 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 P[3D Extension Application Agenda Item No. notice or ceases to supply necessary information to continue processing odao r iS`j actively pursue the rezoning for a period of six (6) months. An application d4 "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 10.03.OS.Q.) � khK Illlj _PIiD-- EE I0 SIiBMI'TTA�EQIREMEI } GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre - application meeting. GENERAL APPLICATION To be completed in full. PRE - APPLICATION MEETING NOTE Provide copies of notes taken at pre - application meeting PROTECT NARRATIVE Provide a written statement describing how the criteria listed in subsection 10.02.12 of the Land Development Code have been met.. ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403 -2482, FAX (239) 659- 5724 PUD DOCUMENT Original PUD approval ordinance. FEES Required fee in the amount of $1,000.00 per current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. AERIAL PHOTO Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and /or wildlife habitats and their boundaries. Such identification shall' be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and PUD Extmion Application Agenda Item No. 8B a calculation and location(s) of the required portion of native vegetationa NOa3 preserved (per LDC Section 3.05.07). OWNER /AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. MASTER PLAN Master plan no larger that 24" X 36 ", drawn to a maximum scale of 1 inch equals 400 feet, [and one reduced 8 W X 11" copy] depicting the following: ■ 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 OTHER After initial review of the request, staff will determine what if any additional information may be required to substantiate the request. The applicant's agent will be notified. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: FUD Extension Applicxfim Agenda Item No. 88 Two days or less prior to meeting = $500 January 24, 2006 Requested at the meeting = $750 1 Page 17 of 73 Additional required advertising charged in addition to continuance fees x SUBMITTAL tbfF1C1ENCY CHECKUS. J THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICA T /ON PACKET .No. of Conies [� Completed Application 1 Pre- Application Meeting Notes 18 Master Plan 24" X 36" a-1- Master Plan 8 W X 11" [� 18 Approved PUD Ordinance (] 2 Warranty Deed or Contract for Sale Q 1 Owner /Agent Affidavit, signed & notarized �2 Aerial Photos with Habitat Areas Identified Addressing Checklist Required Fees $1,000 - $ 500 + $363 = $ 863.00 C� Other items per pre application meeting notes — see exhibit checklist attached As the authorized agentlapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include aD necessary submittal information may result in the delay of processing this p 'lion. iii/Applicaht Signature Date PUD Exumion Application Agenda Item No. 8B January 24, 2006 Page 18 of 73 AFFIDA VIT Cleveland Clinic Florida (A Nonprofit Corporation) (the "Corporation "), appearing by and through Michael P. O'Boyle, its Chief Operating Officer, being first duly sworn, deposes and says that it is 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 its and my personal knowledge and belief. The Corporation and I understand that the information requested on this application must be complete and accurate and that the contest 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 it further authorizes Jeffrey A. Nunner, P.E. of Nunner Group, L.L.C. to act as its representative in any matters regarding this Petition. CLEVELAND CLINIC FLORIDA (A Nonprofit Corporation) By: Micliwl P. O'Boyle, COO STATE OF OHIO: COUNTY OF CUYAHOGA: The forgoing instrument was acknowledged before me this F day of A-ttgwit, 2005, by Michael P. O'Boyle who is personally known to me. DAVID J. SHERIFF, Attorney At Law Notary Public . State of Ohio Ibt conlindWon has no expiration date. Section 147.03 R. C. PUDEX- 2005 -AR -8382 PROJECT #19990307 DATE: 9/27/05 KAY DESELEM Agenda Item No. 8B January 24, 2006 Page 19 of 73 NUNNER GROUP. Astron Plaza PUD Exhibit Checklist September 16, 2005 Item Copies Exhibit Cover Letter 18 A Completed Application IS B Copy of Approved PUD Ordinance 18 C List identifying Owners / Officers of corporation 2 D Deed 2 E Completed Owner / Agent Affidavit, Notarized 1 F Master Plan; 24" x 36" w/ one 8.5" x 11" 18 G Aerial Photograph 2 H 8 % " X 11" location site map 1 I Pre - Application meeting notes wi amines checklist 18 J Review Fee $1000 ,$500 + 363 = $863.00 1 K Boundary Survey 4 L TIS from previous application 1 M Previous extension resolution 18 N Electronic version of master plan 1 O PUDEX- 2005 -AR -8382 PROJECT #19990307 DATE: 9/27/05 KAY DESELEM 9 NUNNER GROUP Engineering services September 16, 2005 Kay Deselem, AICP Principal Planner Community Development Services 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Astron Plaza PUD Extension Dear Ms. Deselem: Agenda Item No. 813 January 24, 2006 Page 20 of 73 PUDEX - 2005 -AR 8382 PROJECT #19990307 DATE: 9/27/05 KAY DESELEM Please find enclosed our application and all associated documentation required for a two year extension of the Astron Plaza PUD. Ordinance 98 —110 created the Astron Plaza PUD containing 8.56 acres located on the south side of Pine Ridge Road and the north side of 10th Street S.W. in Section 17,. Township 49 South, Range 26 East in Collier County, Florida Astron Plaza PUD was extended by the Board of County Commissioners on January 27, 2004 and was subject to a 2 year time period. The property is owned by the Cleveland Clinic Florida and plan to develop some type of accessory / complimentary use to their clinic and hospital facility located directly across Pine Ridge Road. Following is a history of the zoning for this site: Original PUD zoning September 11, 1990 PUD Amendment by Cleveland Clinic September 3, 1996 PUD Amendment by Cleveland Clinic November 24,1998 PUD extension two year by Cleveland Clinic January 27, 2004 The Clinic development plans for this site have not progressed to a point that will meet the county requirements for development and the zoning is therefore subject to expiration on November 24, 2005. This application is a request for a two -year time extension from November 24, 2005 to November 24, 2007. A pre — application meeting for this request was completed. on August 17, 2005.. The following issues werc.discussed. 1. No associations are affiliated with this petition and is not required to comply with Neighborhood Information Meeting requirements. 8113 Lowbank Drive Naples, Florida 34109 239.591.1328 Fax: 239.591.1358 NUNNER GROUP Agenda Item No. 88 January 24, 2006 Page 21 of 73 Astron Plaza PUD September 16, 2005 Page 2 of 3 2. The M from the previous application is acceptable for this application. The M will be updated at time of site plan review. 3. Others present at pre application meeting deemed the master plan consistent with the growth management Plan. The project will meet current land development code requirements at time of site plan review as stated throughout the PUD document, 4. The owner has informed me that their have not been any land transfers or easements granted since the original rezoning. The previous survey is therefore acceptable for this application Four copies of this survey are provided including boundary survey and legal description. (Exhibit L) 5. The enclosed review fee is $1 O00 less $500 paid at pre allocation plus advertising fee for BCC of $363 for a total amount enclosed of $863.00. All of the required information is enclosed with the appropriate copies as listed on the attached exhibit checklist and identified as exhibits A through O. The requirements below are the basis of the extension: The PUD and the master plan are consistent with the current growth management plan; the development has not become incompatible with existing and proposed uses in the surrounding area; and the development will not place an unreasonable burden on essential public facilities; • The growth management plan identifies this area as an activity center. The property is situated at the southeast quadrant of I75 and Pine Ridge Road interchange. • The density component is not applicable to the PUD approved uses. • The type of uses previously approved in this PUD are of a type and square footage that is compatible with interchange commercial Cl — C5. There has been no change to the activity center to restrict existing allowable uses. • All public facilities are concurrent and provide adequate capacity. A traffic signal has since been installed at the intersection of Pine Ridge Road and Napa Blvd Pine Ridge Road has also been expanded to 6 lanes NUNNER GROUP Agenda Item No. 8B January 24, 2006 Page 22 of 73 Astron Plaza PUD September 16, 2005 Page 3 of 3 • . The Traffic Impact Statement TIS dated November 2003 from the previous extension application is included as requested (Exhibit M) at pre application meeting. The updated TIS finds that the eastbound right turn lane on Pine Ridge Road at Napa Blvd is not warranted at this time. It is recommended that the TIS be further updated at time of site development plan to adjust final uses and to provide improvements as necessary. • A rezone from estates to commercial (Pena Surgery Center) was approved to property located to the east subsequent the approval of Astron Plaza PUD. This rezone provides addition compatibility. • The project is also compatible with other adjoining uses through the internal arrangement of structures. The approved master plan places setbacks compatible with adjacent land uses. Thank you for your assistance in this mattcr and please contact me if you have any questions or need any additional information. Sincerely, eB'rey A. Nunner, P.E. CC: David Sherriff CORPORATE PROFILE 2005 Agenda.it�m_�ya Januar 24 2006 Qihit a NAME INCORPORATED UNDER: Cleveland Clinic Florida (A Nonprofit Corporation) DATE OF INCORPORATION: July 13, 1987 STATE OF INCORPORATION: Florida CHARTER NO.: N21536 CORPORATION TYPE: Non- Profit TAx STATUS: Federal 501(c)(3) DATE OF TAX - EXEMPTION: October 14, 1987 (original exemption) June 25, 2000 (CCF Group Exemption) FEIN: 65- 0003177 MEMBER: The Cleveland Clinic Foundation BOARD OF TRUSTEES: A. Malachi Mixon, III, Chairman Thomas A Commes Delos M. Cosgrove, M-D. Umberto P. Fedeli Nancy F. Fisher Stephen R. Hardis David Hessler Robert Kay, M.D. Stephen F. Lau Water Maurer, M.D. Samuel H. MiIW Patrick F_ McCartan William E_ MacDonald, III Dan T. Moore, III Joseph M. Scaminace Jack C. Shewmaker Robert J. Tomsich OFFICERS: Chairman A. Malachi Mixon, 111 Chief Executive Officer Delos M. Cosgrove, M.D. Chief Operating Officer Michael P. O'Boyle Executive Director Howard Graman, M.D. Chief Financial Officer, CCF Steven C. Glass Chief Financial Officer, FL Scott Campbell Sectary David W. Rowan Assistant Secretary Michael J_ Meehan Assistant Secretary Gene D. Altus STATUTORY AGENT: Andrew Service Corporation 201 N. Franklin Street, Suite 2100 Tampa, Florida 33602 ANNUAL MEETING: December DeOem�r PUDEX- 2005 -AR -8382 FISCAL YEAR END: PROJECT #19990307 DATE: 9/27/05 KAY DESELEM • V'� ORDINANCE 98- //0 AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT .CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE25 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ASTRON PLAZA, FOR ,P.ROPERTY LOCATED ON THE SOUTH SIDE OF•PINE RIDGE ROAD (C.R. 896) AND THE NORTHSIDE OF 10" STREET S.W., IN SECTION 17, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.56+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90 -69, AS AMENDED; AND BY PROVIDING AN EFFECTIVE DATE. r- 7- Agenda Item No. 813 January 24, 2006 Page 24 of 73 ` t Exhibit C WHEREAS, Kenneth B. Cuyler of Roetzel and Andress, P.A., representing Cleveland Clinic of Florida, 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; SECTION ONE: The Zoning Classification of.the herein described real property located in Section 17, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered GGE25, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 90 -69, as amended, known as the Astron Plaza PUD, adopted on September 11., 1990 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PUDEX- 2005 -AR -8382 PROJECT #19990307 DATE: 9/27/05 KAY DESELEM _1_ Agenda Item No. 8B January 24, 2006 Page 25 of 73 ASTRON PLAZA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE ASTRON PLAZA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: CLEVELAND CLINIC OF FLORIDA, INC. PREPARED BY: THE V -GROUP OF FLORIDA, INC. 5150 TAMIAMI TRAIL NORTH, SUITE #303. - NAPLES, FLORIDA 34103 ROETZEL & ANDRESS, A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE DRIVE NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC _/112 f ORDINANCE NUMBER • / /o' AMENDMENTS AND REPEAL EXHIBIT "A" Agenda Item No. 8B January 24, 2006 Page 26 of 73 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES i STATEMENT OF COMPLIANCE ii SECTION I PROPERTY OWNERSHIP & DESCRIPTION I SECTION H PROJECT DEVELOPMENT REQUIREMENTS 3 SECTION III COMMERCIAL AREAS PLAN 5 SECTION IV DEVELOPMENT COMMITMENTS 7 LIST OF EXHIBITS AND TABLES EXHIBIT A Location Map /PUD Master Plan i ,Agenda Item No. 8B January 24, 2006 Page 27 of 73 Agenda Item No. 8B January 24, 2006 Page 28 of 73 STATEMENT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. This compliance includes: 1. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. 3. The subject tract is located on the southwest comer of the Pine Ridge Road and Oaks Boulevard intersection. This strategic location allows the site superior access for the placement of commercial activities. . .4. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 7. The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 8. All final local development orders for this project are subject to the Collier County. Adequate Public Facilities Ordinance. ii T Agenda Item No. 8B January 24, 2006 Page 29 of 73 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE. The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name -of The Astron Plaza PUD. 1.2 LEGAL DESCRIPTION. The subject property being 8.56 acres, is described as: Description. of land surveyed being a part of Tract 10, Tract 25, and Tract 26 of Golden Gate Estates, Unit No. 33 (P.B.6, Page 70), Collier County, Florida, Containing 7.63 acres more or less as follows: All that part of Tract 10 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida: LESS �- AND EXCEPTING therefrom the parcel described as Parcel 138 in Official Records Book 850, Page 1597, Public Records of Collier County, Florida; subject to easements and restrictions of records; containing 1.59 acres more or less; All that part of Tract 25 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel 113 -R in Official Records Book 970, Page 705, Public Records of Collier County, Florida; subject to easement and restrictions of record; containing 2.94 acres more or less: MM All that part of Tract 26 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in PIat Book 6, Page 70, Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel 139 in Official Records Book 850, Page 1598, Public Records of Collier County, Florida; subject to easements and restrictions of record; containing 3.10 acres more or less. AND The north forty feet (40') of the south seventy feet (70') of Tract 10, Tract 25, Tract 26, of Golden Gate Estates Unit 33, recorded in O.R. Book 2224, Page 998, Collier County, Florida. 1 Agenda Item No. 8B r January 24, 2006 Page 30 of 73 1.3 PROPERTY OWNERSHIP. The subject property is currently under the ownership of Cleveland Clinic of Florida, Inc., a Florida not - for - profit corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA. A. The project site is located in Section 17, Township 49 South, Range 25 East. The property is bordered to the north by Pine Ridge Road, to the East by Oaks Boulevard, to the South by 10th Street SW and to the West by the I -75 canal adjacent'to Interstate 75. B. The zoning classification of the subject property prior to the date of this approved PUD Document was PUD. 1.5 PHYSICAL DESCRIPTIO The project site is located within the South Florida Water Management District (SFWMD) and the surface water management system will be designed in accordance with, SFWMD criteria. Stormwater runoff from the site will be directed to a surface water management area near the west side of the site which will retain/detain the water prior to discharge into the I -75 canal. The project site currently consists of,a mix of mainly pines and palmettos and other upland species. Soils as per the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agricultural (Soil Conservation Service, March 1954) show an approximate 50150 mix of Boca Fine Sand and Matibar Fine Sand. - The site is within Flood Insurance Rate Map Zone X. The building finish floor elevations and pavement elevations will be determined by routing of the 100 year and 25 year 3 day storm events. 1.6 PROJECT DESCRIPTION. The project is intended to comprise a hotel/motel, medical uses, commercial uses and other retail uses. 1.7 SHORT TITLE. This Ordinance shall be known and cited as the "The Astron Plaza Planned Unit Development Ordinance." F r k. • ' i Agenda Item No. 8B January 24, 2006 Page 31 of 73 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE. The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL. A. Regulations for development of the Astron Plaza PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Astron Plaza . PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD the provisions of other sections of the Land Development Code where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES. A. The project Master Plan is illustrated graphically by Exhibit "A ", PUD Master Development Plan. 3 AgJannuary 24; 2006 Page 32 of 73 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE. The Astron Plaza PUD will be developed as a commercial PUD. The density or intensity of use will be determined based upon the development standards set forth in this document and the applicable provisions of the Collier County Land Development Code. 2.5. RELATED PROJECT PLAN APPROVAL— REQUIREMENTS. A. Prior to the recording of a Record Plat, and /or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A ", PUD Master Plan, constitutes the required PUD Development Plan Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division. D. Appropriate instruments will be provided at the time of . infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN. Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.15. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE. Whenever the developer elects to create land area and /or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association or a reciprocal easement agreement among all property owners for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier. County Land Development Code, Section 2.2.20.3.8. Ki W /- Agenda Item No, 8B January 24, 2006 Page 33 of 73 2.8 POLLING PLACES. Any community recreation/public building /public room located within the Astron Plaza PUD may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with Section 2.6.30 of the Collier County Land Development Code. SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE. The purpose of this Section is to identify the type of Commercial Uses and development standards for the'Astron PIaza PUD. 3.2 USES PERMITTED. No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses 1. Miscellaneous retail (Groups 5912, 5941 -5949) 2. Insurance and Real Estate Offices (Groups 6311 - 6399, 6411, 6512) 3. Hotels and Motels (Group 7011) 4. Legal Services (Group 8111) 5. Engineering, Accounting, Research, Management and related services (Group 8721 -8749) 6. Apparel and accessory stores (Groups 5611, 5621, 5641, 5651, 5661, 5699) 7. Depository Institutions (Groups 6021 -6062) B. Child Day Care Services (Group 8351) 9. Group care facilities (category I and H, except for homeless shelters); care units; nursing homes; assisted living facilities pursuant to §400.402, Florida Statutes, and Chapter 58A -5 F.A.C; and continuing rare retirement communities pursuant to Chapter 651, Florida Statut id Chapter 4 -193 F.A.C; all subject to §2.6.26 of the LDC. 5 Agenda Item No. 813 January 24, 2006 Page 34 of 73 10. Individual and family services (Group 8322); activity centers for the elderly and handicapped; adult day care centers; and day care centers, adult and handicapped only. 11. Eating places (Group 5812 only). All establishments engaged in retail sale of alcoholic beverages for on- premises consumption are subject to locational requirements of §2.6.10 of the LDC. 12. Health services (Groups 8011 - 8059); wellness center. B. Accessory Uses 1. Parking lots 2. Signs 3. Other 3.4 DEVELOPMENT STANDARDS. A. The following are the development standards within the PUD: 1. Minimum Lot Area - Thirty-nine Thousand (39,000) square feet. 2. Minimum Lot Width - One Hundred Fifty feet (150'). 3. Minimum Yard Reouirements (a) Front Yard - Fifteen feet (15') from the international road right - of -way or road easement line. (b) Side Yard - One -half (1/2) of building height with a ten foot (10') minimum. (c) Building setback from the Pine Ridge Road and Oaks Boulevard right -of -way - Twenty-five feet (25'). (d) Building setback from the I -75 Canal Easement - Twenty -five feet (25'). (e) building Setback from 10th Avenue SW right -of -way - Fifty feet (50') provided, however, a building setback of one hundred twenty -five feet (125') shall be required between the 10th Avenue SW property line and any structure constructed to four or five stories in height. 4. Distance Between Principal Structures - Fifteen feet (15') or a distance equal to one -half (1/2) the sum of the building heights, whichever is greater. S. Maximum Height of Structures - Sixty feet (60'). 6. Minimum Floor Area of Principal Structure - One Thousand (1,000) j square feet per building on the ground floor. 6 7 Agenda Item No. 8S January 24, 2006 Page 35 of 73 and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this agreement. 4.3. PUD MASTER PLAN. A. Exhibit "A" PUD Master Plan illustrates the ' proposed development and is conceptual in nature. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION. A. The proposed start date of the project is within three (3) years of approval of the PUD and completion date is within five (5) years of approval. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Developme Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 TRANSPORTATION. A. Streets shall be private and located within a fifty foot (50') easement. Project design and construction shall meet or exceed Collier County standards in effect at the time of construction plan approval. B. All traffic control devices used, excluding street signs, shall conform with the Manual on Uniform Traffic Control Devices (Chapter 316.0747 Florida Statutes). C. There shall be only one point of access to the project from Oaks Boulevard and it shalt be approximately centered on that frontage. There shall be no right turns out onto Oaks Boulevard and no Ieft turns onto the property off of Oaks Boulevard. D. The Developer shall construct a south -bound right turn lane on Oaks Boulevard at the project entrance. E. The developer shall provide collector level street lighting at the project. 8 Agenda Item No. 8B x January 24, 2006 Page 36 of 73 D. Appropriate easements for the projects internal water and sewer system shall be documented on the construction plans and shall be dedicated to the Collier County Water Sewer District. E. Construction drawings, technical specifications and all pertinent information shall be submitted in accordance with the applicable Collier County ordinance then in effect and shall be approved prior to the issuance of building permits. F. Power, telephone, cable television and any additional utilities that may initially or at some future date serge the project, shall be installed as per Collier County Ordinances and in compliance with any other applicable state or county laws, codes, and regulations. 4.9 ENVIRONMENTAL REGULATIONS A. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Land Development Code. B. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 4.10 ACCESSORY STRUCTURES. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. 4.11 SIGNS. All signs shall be in accordance' with Division 2.5 of the Land Development Code. 4.12 LANDSCAPING BUFFERS. Landscaping buffers shall be provided as follows: A. All internal landscape buffers shall be ten feet (101 wide. B. A twenty foot (20') wide landscape buffer easement shall be provided along Pine Ridge Road. C. A Type B landscape buffer 'shall be provided along 10th Avenue and Oak -� Boulevard. In addition, a three foot (3') high hedge at three feet (3') on- Centel shall be planted on the right -of -way side of the wall and the trees shall bg fourteen feet (14') to sixteen feet (16') in height. 124767 1.WP3 to omooti o� C; O Z r, ENS N �a c a Q UL PUD901- ! <1 U= van �..a. szxvo a � Fka, I ' ..1 R IL w o� I= t a I- 0. to .:iTS 6 'ilr ( i 'ell z Jul all LL o top tail ?A it I It mi PC *May- OB -03. 04t41P Cleveland Clinic Florida 954 659 6199 95/88/2803 14:35 12164454377. PATRICIA JEWINS PAGE 82 Owe. a,R o.... a.R rr.. Ub wmmm wr pgrd ad Aaw bud* bi a W N&ANA a, ve __ — ate. a.a.r a<Aarr. • and m hk mmw bd^ "rr..r >tortim, rAwam rt f"U m4ow rar7lem Agenda Item No. 8B January 2P,.2025 Page 38 of 73 III III SPRCUL RARR MTY MM r TU8 CMUMAL W _ D mm" &S 11,#11,, • ��OQ 1Minai► F�3 31x4330.arto C,at�lri � � �Lap�i�. (i�lnbe�' 1b fwhuww 'i• �mc p ooe � 1eSa! ativas�aodOY� of iudiri i"* nd mtI M wsj*BAS. a mcqukod (•p�opere7� u nomidC m4 aeorWeis Cwaa to ; outdo dwm%.d is Eb&rit •A• pw w m pdo *@L lm .garehme to enay i tI61 iD me P VISUMEAS, Gramm adattwled*— do it maquited title to toe Property oa b*W of drndae, with onorot:'s taodl. lt'T[1 7'B: That t n (k mm forand in d ttlbs u m dcTM DO*". jou iii imeo �b an Wti C7oa�:�: Sae &it'A• attatdatd batetD red toads a Peet 6e01aC TI& 000M.RLM t !*Xs to wd *Wit am for the cw" ads ya�lsw > L U d aotboeit�; .aNemmb d >� To pr aad amesl raiarrb at tt+oard. .spi. or in .rgrweappdrid•n the eeaameds, tatead;tamtaa aad aPPa�teaaoo.. baloodiaj TO HAVS MD 70'HtAD. the NOW in lfeNr sbq.* fowra. AM ft ciMWK bMl*y mreMMS W116 MOM Ono w 69,dw t3raeror it *W tuy ubmd Of Fdd l sod -in In tilt the Gtswot hp 1 ris ad law" to *11 ad! Maid 1.m* add watr att tlall � `d�dis m0 o doins .�p°r'°n" of oamv► Cks M°ca ooumy. 16. Exhibit E 9 .ir 1 A PUDEX- 2005 -AR -8382 PROJECT #19990307 DATE: 9/27/05 KAY DESELEM ` 'May708 -03 04:41P Cleveland Clinic Florida 954 659 6199 Agenda Item No. 8B 85!0812893 24 :35 12164454377 January 24",43 PATRiCIA ,� PAGE e3 Page 39 of 73 SIT was PARM i s JLU that part of Tract 10, tOUM an EMT=, UNIT no. 33, according to the Plat In PLt, Book 7, 40, Pnblia.Records of CoLUer Country, Floridat LsSS and � therefrom that Parcel described as parcel 136 in Official Accords look 850, Pape 1597. Pa10M 21 A2x that part of ft-act 23, ®OUM OM =SIAM, 90. 33, ALecosdiog to tbo Plat in Plat book 7, 60 Public Rccorde of collier Conn . lloridai UM and aeoeom ueretrom that parcel described an Parcel 113 -R is Ofticial meoords Book 970. Pape 705. PAR= 3: All that part .oZ Twat 26. OHO a mats saZ9 M. MM s0. 33, . aocosd1w to tba Plat in Plat soak 7, Pape 60, Public Records of C:axlier County, Florida! U M and a�tu* thharetrasr that parcel described as Parcel X39 is official aeoosds sock ego, Papa 1498. mo 8BMay -08-03 O4:42P Cleveland Clinic Florida 954 659 6199 Agenda Ite January 85/88/2883 14 :35 12154454377 PATRICIA JEWCINS PAGE 84 Page 40 of 73 to Ohs 2351 PG: 1236 ar ' 9' .o r �- �"� ar ' 9' May -08 -03 04:42P Cleveland C l i n i c F 1 ov i da 954 659 6199 Agenda Item .1o, 5 85!98/2003 14 :35 12164454377 anuary 24 2 0 PATRICIA PAIRICIA JENKI►!5 paWe ,6ta of 73 CERTM"CATION OF RESOLUTIONS ADQ"M BY DMRCTORS OF ANDRRW SERVICE CORPORATION OF FLORIDA, INC. I bi r c°tt y that the Hoard of Directors of Anftw Service Corporation of Plorida, A Florida mporation (die "Corporadmo), pmt ant to the requitme o of ft Articles Of Ineurporation std dw By4rrs of said Corporation, has duly adopted the fonowing c+eeolntiowe. W rT RESOLVED dw the Corporadan't acquisition of the real Properly described an wtadbod bmw (the "Prop mV 7, as =xni= x and ap m of Cleveland Clinic Florida (a non -profit corporations), be and tba SAM it haft stifled and confi mw& RMMVED. FURTHM that Coigonflon by aced ft =0 its Vice Pftsident, Gmp IL Bury, an behalf of the Co=paa&n, be wmhodud to convey the property 10 Cbwelsod CHRIc FWWa (a oo*Vr & carporatioo) adftw wndkwdn amd, hi COED° d=CWhk to ez CM all hwuUmm required an bob& of to Cocporadoa to aocoe gdbh the alm0." (OORPOAATE STATE OF OHIO ) )s: COUNTY OF CUYAHOGA) 11 "-. if "N Mw f oagobig iastame MAW" 14knowiedged brtore the this 101kdayof by Jeffmy J. MsWUM, 96mefty of Att&M Set;vice Cotp o of F co<porai�s, on behalf of said carporatim He il Ply kmwa to ft. ��. �►wsaw t�.►x:s coar�� . I . �4-- her. 1997, a Florida pe r my C lion Exp ac WAWWY LM NOM races • sw. w h m wwa�� n MAL 94"W"M,rw32 m rA CO CO M (ED r- 4 r � 1 L C f1 N Q � O n �W XWcr,w A { L! J- v 4 "I Tom GWAIM tj 1 F � e 4z .J nC uo.. e co) .4 z = � 4 a vo c 0.�e'� 'co) _� a � t t a z 4 O It h �j I If f m W m Agenda Item No. 8B January 24, 2006 Page 43 of 73 Exhibit H Astron Plaza PUD Extension Collier County, Florida September 16, 2005 Aerial Photograph PUDEX - 2005 -AR -8382 PROJECT ##19990307 DATE: 9/27105 KAY DESELEM CO .r ZQF ONZ Z<i- W ~ —. Owl O JWO' m W o 0� 0UJ O O C7 Oak, J 0 v-Am 7o9 NYSOI C- F N 0 zN a� a N tM . U 4 W O � F- V �W� / \ V Q tp Z O w Z a W `� r� co in :C W � U m U cr-� N Z .. .. oc o j Aw S 0 4 Z W a a ° C'4 V) 0E- 0�M CL � WFd-~ m N O .r ZQF ONZ Z<i- W ~ —. Owl O JWO' m W 0� 0UJ O C7 W cr- 0 v-Am 7o9 NYSOI Oadn3'If108 a N tM . U 4 W O � F- V �W� / \ V Q tp Z O w Z a W `� r� W in Q � U m U W .^i 1- N Z .. .. o j S W W a a ° L - SL - 31` ISM31NI 7ij W 4J W at Q ZQZ acv W to o �z D OD ., 3 S J3 cr- td WN- �i 0 Q..�-j zpZN f-2 OdON NO1SONlnl1 yldyd �� NOI ,9NISN3>1 �* Agenda Item No. 8B January 24, 2006 Page 45 of 73 NUNNER GROUP Engineering Services Updated Traffic Impact Statement For Astron Plaza. PUD Prepared For: Cleveland Clinic Florida 2950 Cleveland Clinic Boulevard Weston, Florida 33331 November 2003 Prepared by: Nunner Group, L.L.C. Jeffrey A. Nunner, P.E. Date P. E. Number 45336 PUDEX- 2005 -AR -8382 PROJECT #19990307 DATE: 927/05 8113 Lowbank Drive Naples, Florida 34109 KAY DESELEM 239.591.1328 Fax: 239.591.1358 _ry NUNNER GROUP Engineering Services Updated Traffic Impact Statement For Astron Plaza PUD Table of Contents I. Introduction and Summary II. M. N. V. VL VII. Proposed Development Area Conditions Projected Traffic Results Recommendations List of Exhibits Agenda Item No. 8B January 24, 2006 Page 46 of 73 VII. List of Exhibits Exhibit Description 1 Location Map 2 Traffic Distribution Map 3 Link Analysis 4 Intersection Analysis Agenda Item No. 8B January 24, 2006 Page 47 of 73 Agenda Item No. 813 January 24, 2006 Page 48 of 73 I. Introduction and Summary Astron Plaza PUD Ordinance 98 —110 contains 8.56 acres located on the south side of Pine Ridge Road and the north side of 10th Street S.W. in Section 17, Township 49 South, Range 26 East in Collier County, Florida A location map is contained in Exhibit 1. Astron Plaza PUD was approved by the Board of County Commissioners on November 24,1998 and was subject to a 5 year time period. The property is owned by the Cleveland Clinic Florida The property is currently in the process of extending the PUD zoning. and an updated Traffic Impact Statement is required as part of the PUD extension process. The purpose of this updated TIS is to update the last TIS completed for the property dated July, 1990 and to confirm that the proposed development will not have an adverse impact on the local road network. H. Proposed Development The PUD allows for several uses although the owner has not determined the ultimate use for the property. For the purposes of this study the build out of the property will include 110,000 SF of professional office space. This is consistent with the July, 1990 TIS. The horizon year for the project is assumed to be 2 years or year 2005. III. Area Conditions. The property is currently undeveloped and abuts Pine Ridge Road a six lane divided principal arterial. Access to the site will be by Napa Blvd., which is located at the east property line of the PUD. Traffic distribution was obtained from the last TIS and by general knowledge. of the area as it has developed. A map depicting traffic distribution is included in Exhibit 2. Agenda Item No. 813 January 24, 2006 Page 49 of 73 IV. Projected Traffic The following table summarizes the estimated trip generation resulting from the project at build — out assuming 110,000 SF of professional office space.. The rates are based upon the Institute of Traffic Engineers TM), Trip Generation, 6t` Edition for use 710 — General Office Building: Land Use 110,000 SF of General Office Building AWDTE Daily 1,211 (11.01 / 1000 SF) Trip Generation Weekday PM Peak Hour PM Peak - Hour 164 (1.49 / 1000 SF) In Out Total 21 143 164 V. Results This updated report analyses the roadway links and intersections impacted by the proposed development. The results of these analyses are listed below. Link analysis: The links east and west of the project each fell below 3% impact when comparing the peak hour project trips to the capacity of each roadway segment. The following links were analyzed: Roadway: Pine Ridge Road Segments: West of Napa Blvd. East of Napa Blvd. These results are shown in Exhibit 3. Agenda Item No. 8B January 24, 2006 Page 50 of 73 Intersection Analysis: The intersection analyses was completed for the following intersections: • Pine Ridge Road / Napa Blvd. • Pine Ridge Road / Logan Blvd. • Pine Ridge Road / I — 75 East The analysis used a horizon of 2 years. The background traffic was provided by Collier County Transportation for 2002. An increase of 5% was applied to each year to the horizon year to determine the background traffic. The project - generated traffic was then a0ded to the background traffic to determine the level of service for each intersection. This level of service was then compared to the level of service generated by the horizon year background traffic without the project impacts. The following were the horizon year level of service at each intersection: Intersection Pine Ridge Road / Napa Blvd. Pine Ridge Road./ Logan Blvd. Pine Ridge Road / I — 75 East LOS w /out project C D C LOS w/ project C D C. These results were obtained using HCS 2000 computer program. The results of each of these intersections are contained in Exhibit 4. The timing increase of each intersection was also reviewed and was within allowable range that did not warrant additional improvements. VI. Recommendations The following recommendations are based on the above results: Update TIS at time of site development plan to confirm assumed uses. Agenda Item No. 8B January 24, 2006 Page 51 of 73 Exhibit 1 Location Map o Exhibit 1, _0 C: CL z 0 0 WMIJ LJJ z LAJ U') LAJ Q < 0 ti � < V. W M LL; V) LAJ Rol > OUVA3-inOE NVOOI -j z CL z -j LAJ M 0 M L;j IX I LU UJ UJ w .n 5 to I La N C,F I 1 731 MI C %J"3 I Mt (A Liu < %n Of Lad. LO uj -_j z az )Idvd NOLONISIGN Q CL Rol > z <,- -j z o Ln Z z -j LAJ M 0 M L;j z I LU w OUVA3,lnoe Avir 5 to I La N < fir/ LU W 1Y' V) en Ln -W 1; W I uj 0 3i 1 - Z = 0 z m z ii p i r1 CA O O -_j z az )Idvd NOLONISIGN Agenda Item No. 8B January 24, 2006 Page 53 of 73 Exhibit 2 Traffic Distribution Map Agenda Item No. 8B January 24, 2006 Page 54 of 73 Exhibit 2 N I -75 9% Pine Ridge Road 25 ,� S N� �1 1 25% f3�- 10% Napa Blvd. 60% 3 4 7 30 %. 1g l 12% . `f 3 . 16 3 Site 9% 10% Logan Blvd. Astron Plaza PUD Traffic Distribution Key 10% Distribution .4 , Direction and # trips 14 a Exhibit 3 Link Analysis Agenda ffem No. &B January 24, 2006 Page 55 of 73 Agenda Item No. 8B ^ January 24, 2006 Page 56 of 73 Exhibit 3 Astron Plaza Link Analysis Roadway Segment Roadway LOS LOS % Project Project Project traffic / Class Standard Standard Traffic Traffic LOS standard Pine Ridge Road 1W of Napa Blvd. 6D JE 5336 600/al 981 1.896 E. of Napa Blvd. 6D E 5336 30%1 491 0.9% LOS standards provided by Collier County 2002 Annual Update Inventory Report Peak hour peak season flow rate of 5336 obtained by: Roadway capacity 58,000 and k factor of 0.092. C Agenda Item No. 8B January 24, 2006 Page 57 of 73 Exhibit 4 Intersection Analysis Detailed Report Ag J nn d aN r l di 01 Page 58 of 73 HCS20W DETAILED REPORT Intersection Pine - Napa Analyst' Nunner Group Area Type All other areas Agency or Co. Collier County Jurisdiction Collier County Date Performed 11/7/03 Analysis Year 2005 w /out project Time Period PM Peak Hour . Astron Plaza TIS /Horizon Project l0 Year /Back round _. EB. LT TH RT - :.. WB NB SB. LT TH RT LT TH RT LT TH RT Number of lanes, N, 2 3 0 1 3 1 0 1 0 0 1 1 Lane group L TR . L T R LTR LT R Volume, V (vph) 513 2233 0 4 1029 103 0 8 2 176 7 0 % Heavy vehicles, %HV 0 0 0 0 0 0 0 0 0 0. 0 0 Peak -hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time., 1, 2.0 2.0 2.0 2.0 12.0 12.0 2.0 2.0 Extension of effective gin, e 2:0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 1 3 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 11.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 10.0 0.0 0.0 Ped / Bike ! RTOR volumes 0 0 0 9 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, N. Buses stopping,. N. 0 0 0 0 0 0 0 0 Min. time for pedestrians, G 12 3.2 3.2 3.2 Phasing Excl. Left EB Only EW Perm 04 NS Perm 06 07 08 Timing iy= G= 9.0 G= 16.0 G= 64.0 G= G =23.0 G= G= G= 6 Y= Y= 6 Y= IY= 6 Y= Y= Y =. Duration of Analysis, T = 0.25 Cycle Length, C = 130.0 W. . -001 EB WB NB SBA LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 570 2481 4 1143 104 11 1204 0 Lane group capacity, c 835 3192 184 2554 795 328 244 286 v/c ratio, X 0.68 0.78 0.02 0.45 0.13 0.03 0.84 0.00 Total green ratio, g/C 0.24 0.62 0.56 0.49 0.49. 0.18 0.18 0.18 file -HC: \WINDOWS \TEMP \s2k909&.T ND 11/12/03 Detailed Report Agendaphffl§ tIcp Januar 4. R Page 59 of 73 Uniform delay, d, 45.0 18.4 14.6 21.5 17.9 44.3 51.7 44.0 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 11.000 Delay calibration, k 0.25 0.33 0.11 0.11 0.11 0.11 0.37 0.11 Incremental delay, d2 2.3 1.3 0.0 0.1 0.1 0.0 21.6 0.0 Initial queue delay, d3 Control delay 47.3 19.7 14.6 21.6 18.0 44.3 73.3 44.0 Lane group LOS D B B C B D E D Approach delay 24.9 21.3 44.3 73.3 Approach LOS C C D E Intersection delay 26.1 Intersection LOS C HCS2000 M Copyright O 2000 University of Florida, All Rights Reserved Version 4. le file: / /C:IWIlVDOWS1TEMP\s2k9098.TNIP 11/12/03 Detailed Report AgendaRW k9tik January 24, 2006 Page 60 of 73 HCS2000" DETAILED REPORT Pine -Napa Area Type All other areas Jurisdiction Collier County Analysis Year 2005 w/project Astron Plaza TIS /Horizon Project ID Year /Back round Intersection Analyst Nunner Group Agency or Co. Collier County Date Performed 1117103 Time Period PM Peak Hour EB WB NB LT TH RT LT TH RT LT TH RT SB LT TH RT Number of lanes, N, 2 3. 0 1 3 1 0 1 0 0 1 0 Lane group L TR L T R LTR LT Volume, V (vph) 513 2233 12 11 1629 103 86 22 45 176 9 % Heavy vehicles, %HV 0 0 0 0 0 0 0 0. 0 0 0 Peak -hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90. 0.90 0.90 0.90 Pretimed (P) or actuated (A ) A A A A A A A A A A A Start -up lost time, 1, 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type; AT 3 3 3 3 3 3 3. Unit extension, UE 3.6 3.0 3.0 3.0 1 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 10.0 0.0 0.0 10.0 0.0 Ped / Bike / RTOR volumes 0 0 0 9 0 0 .0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade ! Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NS 0 1 0 0 1 0 1 0 1 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing Left EB On( EW Perm 04 NS Perot 06 d7 OB Timing 9.0 rY= G= 16.0 G= 64.0 G= G= 23.0 G= G= G= 6 Y= Y= 6 Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 130.0 WB NB SB EB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 570 2494 12 1143 104 170 206 Lane group capacity, c 835 3190 184 2554 795 276 203 v/c ratio, X 0.68 0.78 1 10.07 0.45 0.13 1 10-62 1.01 Total green ratio, g/C 0.24 0.62 0.56 0.49 0.49 1 0.18 0.18 file: / /C: \WINDOWS \TEMP \s2kE1DA.TMP 11/12/03 Detailed Report Agenda MrP*099 January 24, 2006 Page 61 of 73 Uniform delay, dt 45.0 18.5 14.9 21.5 17.9 49.4 515 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.25 0.33 0.11 0.11 0.11 0.20 0.50 Incremental delay, d2 2.3 1.3 0.2 0.1 0.1 4.1 67.0 Initial queue delay, d3 Control delay 47.3 19.8 15.0 21.6 18.0 53.5 120.5 Lane group LOS D B B C B D F Approach delay 25.0 21.3 53.5 120.5 Approach LOS C C D F . Intersection delay 29.2 Intersection LOS C HC WOLM Copyright O 2000 University f Florida, All ty Rights Reserved Version 4.1c file: / /C: \WIliDOWS \'TEMP \s2kE1DA.TNT 11 /12 /03 Detailed Report AgendagW, AcAg January 24, 2006 Page 62 of 73 HCS20W DETAILED REPORT Intersection Pine - Logan Analyst Nunner Group Area Type All other areas Agency or Co. Collier County Jurisdiction Collier County Date Performed 1117/03 Analysis Year 2005 w /out project Time Period PM Peak Hour Astron Plaza T1S /Horizon project ID Yearl Back round IKI ism 1111111 1111101 'grime . W1. EB WB NB SB LT TH RT LT TH I RT1 LT TH RT. LT TH RT Number of lanes, N, 1 3 0 1 3 0 3 1 1 1 2 1 Lane group L TR L T L T R L T R Volume, V (vph) 237 1050 0 159 539 782 427 349 28 419 102 % Heavy vehicles, %HV 0 0 0 0 0 0 0 0 0 0 0 Peak -hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed (P) or actuated I A A A A A A A A A A A (A) Start -up lost time, I, 2.0 2.0 12.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective 2.0' 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 green, a Arrival type, AT 3 3 3 3 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, l 1.000 1.000 1.000 1.000 1.000 1.000 1.000 11.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR 0 0 0 0 30 0 9 volumes Lane width, 120 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, N. Buses stopping, NB 0 0 0 0 0 0 0 0 0 0 Min. time for pedestrians, 3.2 3.2 3.2 3.2 G Phasing Exd. Left EB Only EW Perm 04 Excl. Left NB Only Thru & RT 06 G= 16.0 G= 6.0 G= 29.0 G= G= 9.0 . G= 28.0 G= 18.0 G= Timing Y= 6 Y= Y= 6 Y= IY= 6 Y= Y= 6 Y= Duration of Analysis, T = 0.25 C cie Length, C = 130.0 _. • . SB EB WB NB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 263 1167 177 599 869 474 354 31 466 103 Lane group capacity, 436 1397 281 .1157 1630 .672 571 125 500 224 C v/c ratio, X 0.60 0.84 0.63 0.52 0.53 0.71 0.62 0.25 0.93 0.46 fil e: / /C: \WINDOWS \TEW\s2kAlE8.TNT 11/12/03 Detailed Report AgendaNvT(2cof 2 January 4, 2006 Paqe 63 of 73 Total green ratio, g/C 0.44 0.27 0.35 0.22 0.33 0.35 0.35 0.07 0.14 0.14 Uniform delay, d1 25.1 44.8 31.7 44.4 35.3 36.2 34.8 57.3 55.4 51.5 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 7.000 1.000 Delay calibration, k 0.19 0.37 0.21. 0.12 0.14 0.27 0.20 0.11 0.45 0.11 Incremental delay, d2 2.4 4.6 4.5 0.4 10.3 3.4 2.1 1.0 24.5 1.5 Initial queue delay, d3 Control delay 27.5 49.4 36.2 44.8 35.7 39.5 36.8 58.3 79.9 53.0 Lane group LOS C D D D D D D E E D Approach delay 45.3 42.8 37.0 74.2 Approach LOS D D D E Intersection delay 45.6 Intersection LOS D -MM9 t v zuuu University of Florida, All Rights Reserved Version 4.1e file: / /C: \WINDOWS \TEMP \s2kAJE8.T NT 11/12/03 Detailed Report AgendaMap 11(zDf U January 24, 2006 Page 64 of 73 HCS20W DETAILED REPORT Analyst Nunner Group Agency or Go. Collier County Date Performed 1117103 Time Period PM Peak Hour All other areas 7Analyeis Pine- Logan. Collier County r 2005 w1 project Astron Plaza TIS / Horizon Project ID Year/Background - LT EB TH RT LT WB TH RT LT NB TH RT LT SB TH RT Number of lanes, N, 1 3 0 1 3 0 3 1 1 1 2 1 Lane group L TR L T, L T R L T R Volume, V (vph) 250 1066 13: 1159 542 784 427 349 30 419 102 % Heavy vehicles, %HV 0 0 0 1 0 0 0 0- 0 0. 0 0 Peak -hour factor, PHF 0.90 10.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed (P) or actuated (A) A A A A A A A A A A A Start-up lost time, I, 2.0 2.0 12.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 3 3� � 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, l 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb: 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped I Bike / RTOR volumes 0 0 0 0 30 0 9 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, Nm Buses stopping, NB 0 0 0 0 0 0 0 0 1 0 0 Min. time for pedestrians, G' 3.2 3.2 3.2 3.2 Phasing Excl. Left I EB Only EW Perm 04 Excl. Left NB Only Thry & RT 08 Timing G= 16.0 1 G= 60 G= 29.0 G= G= 9.0 G= 28.0 G= 18.0 G= Y= 6 1Y= Y= 6 Y= Y= 6 Y= Y= 6 Y= Duration of Analysis, T = 0.25 C cle Length, C = 130.0 a EB LT TH RT LT WB TH RT ME NB SB LT TH RT LT TH RT Adjusted flow rate, v 278 1198 177 602 871 474 354 .33 466 103 Lane group capacity, c 435 1394 280 1157 1630 672 .571 125 500 1224 . v/c ratio, X 0.64 0.86 0.63 0.52 0.53 0.71 0.62 0.26 0.93 0.46 file: / /C: \VViNDOWS \T'EW\s2k6308.T T 11/12/03 Detailed Report Agendati f (PM January 24, 2006 Paqe 65 of 73 Total green ratio, g/C 0.44 0.27 0.35 0.22 0.33 0.35 0.35 0.07 0.14 0.14 Uniform delay, d, 25.4 45.2 31.8 144.4 35.4 136.2 34.8 157.4 55.4 51.5 Progression .factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.22 0.39 0.21. 0.13 0.14 0.27 0.20 0.11 0.45 0.11 Incremental delay, d2 3.1 5.7 4.6 0.4 0.3 3.4 2.1 1.1 24.5 1.5 Initial queue delay, d3 Control delay 28.6 50.8 36.4 44.8 35.7 39.5 36.8 58.5 79.9 53.0 Lane group LOS C D. D D D D D E E D Approach delay 46.6 42.9 37.0 74.1 Approach LOS D D D E Intersection delay 46.0 Intersection LOS D LM Copyn& 0 2000 University of Florida, All Rights Reserved Version 4.1c file: / /C: \WIIIDOWS \TEMP \s2k6308:.TW 11/12/03 Detailed Report HCS20W AgendAg WA January 24, 2006 Page 66 of 73 Analyst Nunner Group Agency or Co. Collier County Date Performed 11/7/03 Time Period PM Peak Hour Time P intersecoon Area Type All other areas Jurisdiction Collier County. Analysis Year 2005 w1but project Project ID Astron Plaza TIS /Horizon YearlBackground LT EB TH. RT VVB LT TH RT NB LT TH RT LT SB. TH RT Number of lanes, N, 2 3 0 0 3 0 2 0 1 0 0 0 Lane group L T T L R Volume, V (vph) 1739 3198 1066 173 73 % Heavy vehicles, %HV 0 0 0 0 0 Peak-hour factor, PHF 0_90 10.90 0.90 0.90 0.90 Pretimed (P) or actuated (A) A A A A A Start-up lost time, Ij 2.0 2.0 2.0 2.0 2.0 Extension of effective green, 2.0 2.0 2.0 20 ZO . Arrival type, AT 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0' Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet . demand, Qb 0.0. 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes. 0 0 0 0 Lane Width 120 12.0 12.0 12.0 12.0 Parking I Grade / Parking N 0 N N 0 N N o N N' N Pariting maneuvers, Nm Buses stooping, Ng ' pp 0 0 1 1 0 0 Min. time for pedestrians, G. 1 3.2 3.2 J 3.2 Thru Only 03 04 NS Onl 06 07 08 Phasing EB, Only Timing G= 72.0 G= 30.0 G= G= G= 10.0 G= G= Y= 6 JY= 6 Y= Y= Y= 6 1:y= Y= Y= Duration of Analysis, T = 0.25 1 Cycle Leng1h, C = 130.0 . MR LT EB TH RT WB LT TH RT. NB LT TH RT LT SIB TH RT Adjusted flow rate, v . 1932 3.553 1184 192 81 Lane group capacity, c 1940 4309 1197 269 1124 v/c ratio, X 1.00 10.82 0.99 0.71 10.65 Total green ratio, g/C 0.55 0.83 10.23 0.08 0.08 Unifbrm delay, di 28.9 5.9 149.8 F 58.6 58.3 1.000 file://C-.\VJNDOWS\TENT\s2kA2AC.TNT 11.000. 11.000 1.000 11/12/03 Detailed Report Agend~/Aq %8 January 24; 2006 Page 67 of 73 Progression factor, PF Delay calibration, k 0.50 0.36 0.49 0.28 0.23 Incremental delay, d2 19.4 1.4 23.3 8.7 11.7 Initial queue delay, d3 Control delay 48.3 7.3 173.2 67.3 170.9 Lane group LOS D A E E E Approach delay 21.7 73.2 68.1 Approach LOS C E E Intersection delay 32.3 Intersection LOS C HC520007m Copyright m 2000 University of Florida, All Rights Reserved Version 4.1c file: / /C: \WINDOWS \TEMP \s2kA2AC.TMP 11/12/03 Detailed Report Agenda pW1400fa January 24, 2006 Page 68 of 73 HCS2000" DETAILED REPORT 111 INIM11111111 Intersection Pine - 175east Analyst Nunner Group Area Type All other areas Agency or Co. Collier County Jurisdiction Collier County Date Performed 1117103 Analysis Year 2005 w /project Time Period PM Peak Hour Astron Pfaza TIS /Horizon Project ID Year /Background ES WB NB SS LT TH RT LT TH RT . LT TH RT LT TH RT Number of lanes, N, 2 3. 0 0 3 0 2 0 1 0 0 0 Lane group L T T L R Volume, V (vph) 1739 3210 1116 173 73 % Heavy vehicles, %HV 0 0 0 0 0 Peak -hour factor, PHF 0.90 0.90 0.90 0.90 0.90 Pretimed (P) or actuated (A) A 'A A A A Start-up lost time, I, 2.0 12.0 2.0 12.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 40 Arrival type, AT 3 3 3 3 3 Unit extension, UE 3.0._1 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 t 1:000 1.000 1.000. 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped I Bike / RTOR volumes 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N N Parking maneuvers, NM Buses stopping, NB 0 0 1 0 0 0. Min. time for pedestrians, G 3.2 1 3.2 .3.2 Phasing EB Only Only 03 04 NB Only 06 07 08 Timing G= 72.0 IY= G= 300 G= G= G= 10.0 G= G= G= 6 IY= 6 Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 130.0 EB WB N B SB LT TH RT LT TH RT LT TH I. RT LT TH RT Adjusted flow rate, v 1932 3567 1240 192 81 Lane group capacity, c 1940. 4309 1197 269 124 v/c ratio, X 1.00 1 0.83 1.04 0.71 0.65 Total green ratio, g/C 0.55 0.83 0.23 0.08 10.08 Uniform delay, di 28.9 6.0 50.0 58.6 58.3 1.000 1.000 1.000 1.000 1.000 file: / /C- \VnND0WSMNT \s2k325C.TNV 11/12/03 Detailed Report Age ndYW � P;A January 24, 2006 Paae 69 of 73 Progression factor, PF Delay calibration, k 0.50 0.37 0.50 0.28 0.23 Incremental delay, d2 19.4 1.4 35.8 8.7 11.7 Initial queue delay, d3 Control delay 48.3 7.4 85.8 67.3 70.0 Lane group LOS D A F E E Approach delay* 21.8 85.8 68.1 Approach LOS C F E Intersection delay 34.9 Intersection LOS C HCS2000TM Copyright C 2000 University of Florida, All Rights Reserved Version 4.1c file: / /C: \W24DOWS \TEMP \s2k325C.T NT 11/12/03 4 Agenda Item No. 813 January 24, 2006 Page 70 of 73 RESOLUTION 04 —? 7 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 98- 110 KNOWN AS ASTRON PLAZA PUD, EXTENDING THE CURRENT PUD APPROVAL TO NOVEMBER 30, 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Astron Plaza PUD, Ordinance 98-1 10 adopted on November 30,.1998 is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for a two year extension, until November 30, 2005. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to November 30, 2005. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution shall become effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. 3 Done this 7 th day of _Tantiar� 2004. ATTEST: DWIGHT E. BROCK, Clerk _ A:�� . �4 Appr0v6d'as4q. Fbft and Legal Sufficiency: Patrick G. White Assistant County Attorney PUDEX- 2003 -A R-4W7/K D/sp Agenda Item No. 8B January 24, 2006 Page 71 of 73 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donna Fiala , CHAIRMAN CO (D �jo tN C � m Q rwm OL mr i F31, I It a moliS 6�no�waw 1 ,�waiw lwa I 8 I$ d p p F y� aR�y g 4 O ONr/31(lOB � S Z W O r Q ac - azv,suuw rwm OL mr CL �II CO Q Z O Q U O F- W CL F31, I It a moliS 6�no�waw 1 ,�waiw lwa I 8 I$ d p p F m+namaa wwwe vL+w rt- azanswi ee -az AVAM tl p ill Bit {DILTYId1110dM CL �II CO Q Z O Q U O F- W CL Agenda Item No. 38 January 24, 2 06 Page 73 of 73 RESOLUTION NO. 06 _ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, AFFECTING ORDINANCE 98 -110, KNOWN AS THE ASTRON PLAZA PUD, EXTENDING THE CURRENT PUD APPROVAL FOR A SECOND TWO YEARS TO NOVEMBER 30, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Astron Plaza PUD, Ordinance No. 98 -110, adopted on November 24, 1998, and extended in Resolution No. 04 -27, adopted on January 27, 2004, is subject to the provisions of Section 10.02.13.D. of the Collier County Land Development Code (LDC), Time limits for approved PUDs, together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD extension request submitted in petition number PUDEX- 2005 -AR -8382, and has determined to extend the current PUD zoning for a second 2 years, until November 30, 2007. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13.D. of the LDC. 3. Pursuant to Section 10.02.13.D.6. of the LDC, the current PUD approval is hereby extended for a second and final time to November 30, 2007. 4. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote, this day of , 2006. ATTEST: DWIGHT E. BROCK, Clerk By. , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Chainnan Agenda Item No. 8C January 24, 2006 Page 1 of 80 EXECUTIVE SUMMARY PUDEX- 2005 -AR -8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A. and R. Bruce Anderson, of Roetzel & Andress, requesting a two -year extension to the ASGM Business Center of Naples PUD from October 8, 2005 to October 8, 2007. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard (CR 951), approximately 1/ of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals consider a request for a two -year extension of the development time limit of the ASGM Business Center of Naples PUD as well as ensuring that project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: Section 10.02.13.D of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the Board of County Commissioners, and every year thereafter based on the anniversary of its adoption. For those PUD zoned projects approved after October 24, 2001, as the ASGM Business Center of Naples PUD was, if on the third year of their adoption the authorized development has not commenced to the thresholds established by the LDC, then the PUD is " sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. The LDC allows PUD projects to be considered for up to two, 2 -year extensions. This petition seeks approval of the first allowable extension for a term of two years. The requested extension would allow the applicant to obtain necessary development approvals in order to develop under the auspices of the existing PUD document. The project was rezoned from the Rural Agriculture (A) Zoning District to Planned Unit Development (PUD) on October 8, 2002 to allow for development of a business park to include light industrial uses on a total of 40.88 acres. The subject property was obtained by the applicant in August 2005. Based on the adoption date of the PUD, which is October 8, 2002, the PUD sunsetted on October 8, 2005. This did not give the new owner enough time to obtain final development approvals for development of the site. Environmental Resource Permit (ERP) applications have been under review by the South Florida Water Management District and the U.S. Army Corps of Engineers for over a year. The PUD remains entirely undeveloped at this time. Synopsis of Approved Land Uses: The PUD document that was adopted as part of the previous rezoning approval (Ordinance Number 02 -47) contains the list of uses approved for the project. The permitted uses are business services or light industrial in nature. For this extension request, no changes are ASGM Business Park of Naples PUD, PUDEX - 2005 -AR -8478 Page 1 of 4 Agenda item No. 8C January 24, 2006 Page 2 of 80 proposed to the PUD nor are any changes proposed to the Master Plan. No changes can be made to a PUD as part of a request to extend the sunsetting date. The PUD, if extended, would retain the approved development intensities that were granted in 2002; any changes would require a separate amendment petition request. The land uses surrounding the ASGM Business Park of Naples PUD is surrounded by land uses that were deemed compatible when it was rezoned. The subject property is located on the east side of Collier Boulevard (C.R. 951), north of the Silver Lakes MPUD, which is an RV resort. The property to the north is zoned for commercial and multi - family development, and the property to the east is undeveloped Estates zoning. Consistency with the Collier County Growth Management Plan (GMP): FUTURE LAND USE ELEMENT The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The 2002 rezoning action was deemed consistent with the GMP; no changes are proposed to the PUD document or the PUD Master Plan, therefore the PUD remains consistent with the GMP. The Urban- Mixed -Use District (as discussed within the Future Land Use Designation Description section of the Future Land Use Element (FLUE)) contains the following language: "This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non - residential land uses, including mixed -use developments such as Planned Unit Developments." TRANSPORTATION ELEMENT Transportation staff has reviewed the PUD extension based on the review criteria found in section 10.02.13.D.6.b.i -iii of the Land Development Code and with reference to the current Growth Management Plan (GMP) as it relates to consistency. Sections 5.1 and 5.2 of the Transportation Element in the GMP are used for the review of current rezone applications and are considered to be the benchmarks for review of PUD extensions to determine consistency. Under the present conditions the PUD would be found inconsistent based on the above criteria. The Board of County Commissioners may wish to consider the language in 5.1 with reference to mitigating stipulations. The owners of this PUD are pursuing an area -wide developer contribution agreement that could result in an improvement to the adjacent roadway network which would provide adequate capacity for this project. Consistency with the Collier County Land Development Code (LDC): Section 10.02.13.D. of the LDC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: 1. The PUD and the Master Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements (LDC §10.02.13.D. 6. b. L). ASGM Business Park of Naples PUD, PUDEX- 2005 -AR -8478 Page 2 of 4 Agenda Item No. 8C January 24, 2006 Page 3 of 80 Transportation staff has found that the PUD is inconsistent with concurrency requirements of the Growth Management Plan and the Land Development Code. Therefore, the PUD is inconsistent with this requirement. 2. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning (LDC §10.02.13.D.6.b.ii.); and No changes to the surrounding land uses have occurred in this area that raise compatibility issues. The project was deemed consistent with the overall Growth Management Plan, and therefore in compliance with specific goals, objectives, and policies of that Plan that require compatible development. Therefore, the uses approved in this PUD remain compatible with proposed uses in the area. 3. The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities (LDC §10.02.13.D.6.b.iii)s. The Transportation Services Division staff reviewed the petition and found it to be inconsistent with the concurrency management system. Collier Boulevard (CR 95 1) has no remaining capacity on the segment where the subject property is located. FISCAL IMPACT: Extension of the PUD will have no new fiscal impact upon Collier County. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: PUD extensions are not heard by the CCPC. 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. A summary of the legal considerations and findings are noted below: • The proposed change has been deemed inconsistent with the Transportation Element of the Growth Management Plan (GMP). It remains consistent with the goals, objectives, and policies and Future Land Use Map and the other applicable elements of the GMP. • The proposed land uses are compatible with the existing land use pattern. • The proposed change is expected to 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 inconsistent 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. ASGM Business Park of Naples PUD, PUDEX- 2005 -AR -8478 Page 3 of 4 I.,— Agenda Item No, 8C January 24, 2006 Page 4 of 80 STAFF RECOMMENDATION: That the Board of Zoning Appeals deny the proposed two -year extension of the PUD time limit to October 8, 2007. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review ASGM Business Park of Naples PUD, PUDEX- 2005 -AR -8478 Page 4 of 4 Age"li Item No 8C Jari 24, 2006 Page 5 of BO COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8C Item Summary: This Item requires that all participants be sworn in and er, pale disclosure be provided by Commission members. PUDEX- 2005 -AR- 8478. Rookery Bay Business Park, LLC, represented by Wayne Arnold of 0. Grady Minor and Associates, P . and R. Bruce Anderson. of Roetzel & Andress: Is requesting a 2 -year extension to the ASGM Business Center of Naples PUD The PUD was originally approved on October 8, 2002 as Ordinance 02 -47, and sunset on October 8, 2005. The subject property consisting of 40.85 acres. is localec on the east side of Collier Boulevard, approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East: Collier County, Florida. Meeting Date: 1124!2000 9:00:00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 1272712006 12:08 PM Environmental Services Environmental Services Admin. Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation planning 12127/2005 3:54 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12128f20D5 6:15 AM Approved By Sandra Lea Executive Secretary Date Community Development& Community Development& 12128120059:46 AM Ermrrin —mal Services Environmental Services Admin. Approved By Ray Bellows Chief planner Date Community Development & Zoning &Land Development Review 17312006 1:08 PM Environmental Services Approved By Susan Murray, Ali Zoning & Land Development Director Date Community Development & Zoning 8 Land Development Review 1/912006 B:51 AM S Environmental ervices Approved By Marjorie M. Student Assistant County Attorney Date County Attorney County Attorney Office 1/1012006 3:37 PM Approved By Community Development 8 Joseph K. Schmitt Environmental Services AUmmstra[ur Date Community Development 8 community Development & 1110;2006 8:19 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Admirastrative Assistant Will County Manager's Office Office of Management & Budget 17111200610:29 AM Approved By Mark Isackson Budget Analyst Date County Manager's Olflce Office of Management & Budget 1112!2006 12:02 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1!131200612:18 PM Commissioners Co �-r Co�ri.� -thy APPLICATION FOR PUBLIC HEARING PUD EXTENSION 1. General Information: W enda aT w-8c PUDI+i dl5fAR 44Mi6 PROJECT 920QI,066T DATE: 10/12/05 HEIDI WILLIAMS Name of Applicant(s) Rookery Bay Business Park LLC C/O Maury Dailey Applicant's Mailing Address 1083 North Collier Boulevard, Unit #113 City Marco Island State Florida Zip 34145 Applicant's Telephone # Fax # Applicant's E -Mail Address Name of Agent D. Wayne Arnold. AICP Firm 4. Gradv Minor and Associates P.A. Agent's Mailing Address 3800 Via Del Rev City Bonita Springs State Florida Zip 34134 Agent's Telephone # 239 -947 -1144 Fax # 239 - 947 -0375 Agent's E -Mail Address wamold@,uadyminor.com Name of Agent R. Bruce Anderson EN. Firm Roetzel & Andress Agent's Mailing Address 850 Park Shore Drive Trianon Centre - 3rd Floor City Naples State Florida Zip 34103 Agent's Telephone # (239) 649 -2708 Fax # (239) 261 -3659 Agent's E -Mail Address banderson(cr�,ralaw.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (239) 403- 2400/FAX (239) 643 -6968 Revised: 02 -18 -04 Page 1 of 9 Agenda Item No. 8C January 24, 2006 Page 7 of 80 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: x r Ce w4ft c ♦ '�s�'K� Fd O C. $race A n -4swe- 6-: Mailing Address �k o acd-ae / +-A W.AreU City Ala._ /es State F"—Zip 3Y1/0.T 850 02-A S'4. Name of Master Association: Mailing Address Name of Civic Association: Mailing Address City State Zip 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 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock C. If the property is in the name of a TRUSTEE, list the name of the Trust and the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Revised: 02 -18-04 Page 2 of 9 Agenda Item No. 8C January 24, 2006 Page 8 of 80 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 5-1/pa C W IV 1,6-C a f- Percentage of Ownership Cd-- C e A. Ak , C"Al 6-aL l' FL 25 If 3 7,0 fe Xam A. - -� - - - -_.. - e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: 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 (): August 2005 Term of lease --__yrs. /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase 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. Revised: 02-18-04 Page 3 of 9 Agenda Item No. 8C January 24, 2006 Page 9 of 80 3 . Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 10 Township: 51 Range:26 Lot: Block: Subdivision: Plat Book: Page #: Property I.D. #: 00732800002 Metes & Bounds Description: Please see attached boundary survey. 4. Size of property: ft. X _ ft. = Total Sq. Ft. _ Acres 40.88± 5. Address /general location of subject property: Located on the east side of Collier Boulevard. approximately 1/4 mile south of Manatee Road. 6. Adiacent zoning and land use: Zoning Land use N RMF -16(8) , C -4 Undeveloped Residential Prime Outlet Shopping Center S Silver Lakes PUD Silver Lakes RV Resort M P(A E Estates Undeveloped W A and '— Undeveloped Does the owner of the subject property own property contiguous to the subject property? ❑ Yes ® No If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: -- Metes & Bounds Description: Revised: 02 -18 -04 Page 4 of 9 E 7. Detail to explain extension request: a. Has this PUD received any previous extensions or amendment approvals? ❑ Yes ® No If YES, please indicate the date of approval(s) Agenda Item No. 8C January 24, 2006 Page 10 of 80 b. Has any portion of the project been developed? ❑ Yes ® No If YES, please provide a written analysis of the amount of existing development using the criteria listed in LDC Section 2.7.3.4.1 or 2.7.3.4.2., as applicable. C. Has the PUD sunsetted? ❑ Yes ® No When? If NO, please indicate the date that it will sunset: October 8, 2005 Please - explain why the PUD was allowed, or will be allowed to, sunset: Section 10.02.13.3.13 of the LDC provides for PUD extensions prior to determination of PUD sunsettine. It is the intent of the PUD extension to avoid sunsetting and to obtain a two year extension of the PUD. d. Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that have occurred: Please provide copies of all PUD documents for the original approval and all subsequent actions. The PUD was originally approved on October 8, 2002 as Ordinance 02 -47 e. An extension can be requested for up to two years, for a maximum of ten years total from the original approval date. Please provide the original approval date: October 8, 2002 How many years extension is requested? Two to what exact date? October 8, 2007 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 year? If so, what was the nature of that hearing? No Revised: 02 -18 -04 Page 5 of 9 Agenda Item No. 8C January 24, 2006 Page 11 of 80 10. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre- application meeting. a. A copy of the pre - application meeting notes; b. Twelve copies of the Master Plan on paper that is no more than 24" x 36" [and one reduced 8' /Z" 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]. c. Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action (LDC 10.02.13). Include additional materials and documentation in support of the extension, as necessary. Revised: 02 -18 -04 Page 6of9 Agenda Item Rio. 8C January 24; 2006 Page 12 of 80 APPLICATION FOR PUBLIC HEARING PUD EXTENSION ASGM Business Park PUD Evaluation Criteria Exhibit 10.c The applicant is seeking a two -year extension of the ASGM Business Park PUD (Ordinance No. 02-47) in accordance with LDC Section 10.12.13. A variety of light industrial, business services, and other primary business park uses are permitted within the PUD, which are intended to provide economic development opportunities in areas of the community outside of Activity Center locations. The ASGM Business Park is consistent with the Business Park Sub - District of the Future Land Use Element of the Collier County Growth Management Plan. The property has recently changed ownership, and copies of the new property deed and ownership information are provided in the PUD Extension Application. The applicant is seeking and has a pending Environmental Resource Permit (ERP) application under review by the South Florida Water Management District and the U.S. Army Corps of Engineers. The applicant is unable to obtain local development order approvals from Collier County until the ERP is approved by both the state and federal agencies. Approval of the ERP is anticipated in mid - 2006. Concurrency is determined at the time of local development order approval and the ASGM Business Park will be subject to a concurrency review at the time of subdivision or site development plan application. The project remains compatible with existing and proposed uses in the surrounding area. No land use relationships have changed since approval of the ASGM Business Park in 2002. The PUD provides appropriate buffers and development regulations to maintain compatibility with existing and future development on adjacent properties. The approved project will not place an unreasonable burden on essential public facilities. Water and sewer services will be provided by the Collier County Water and Sewer District and fire protection is provided by East Naples Fire Control, located less than % mile from the subject property. As discussed above, the determination of concurrency with respect to all Collier County capital facilities will be determined at the time of local development order approval. The PUD extension is consistent with the criteria established in the LDC for granting a two year extension of the ASGM Business Park PUD. Furthermore, the ERP application has been pending with the SFWMD and U.S. COE for over Agenda Item No. 8C January 24, 2006 Page 13 of 80 one year. This state and federal regulatory process is consistently requiring longer review and approval time frames, which in turn limits an applicant's ability to obtain local development approvals necessary to fulfill the time limits established in the LDC. Based on satisfaction of the evaluation criteria and the pending ERP application, the requested PUD extension should be granted. SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST MIT.CT RV cirmx t run [inmrr . n,pr y. Agenda Item No, 8C January 24, 2006 Page 14 of 80 --- - - - Ylal l a REQUIREMENTS L Completed Application, with additional required documents a.y ♦♦ a a it # OF COPIES 12 tirrLll.A ! 1VP1 RE UIRED X rAU11LE i NOT RE UIRED 2. Copy of Approved PUD Ordinance 12 X 3. Copy of Deed(s) and list identifying Owner(s) of all Partners if a Corporation 2 X 4. Completed Owner /Agent Affidavit, Notarized 2 X 5. Master Plans 12 X 6. Aerial Photograph 2 X 7. Review Fee $1000.00 X OTHER REQUIREMENTS: After initial review of th request, staff will determine what if any additions information may be required to substantiate the request. The applicant's agent will be notified. 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 v ate Revised: 02 -18 -04 Page 7 of 9 Agenda Item No. 8C January 24, 2006 ��^•�++�,,, Page 15 of 80 Co Y ...,t� .11ty PUDEX- 2005 -AR -8478 PROJECT #2001050063 DATE: 10 /12/05 HEIDI WILLIAMS PUD EXTENSION REQUEST Pre- Application Meeting Notes ` Date: 94-2.1 O Time: '9-30 Agent Name/Firm Name: %_;V, • �I�r Project Name: 1q 5 &Uq_ 02" j "AA C&tkr M Applicant's Name: I Phone: Owner's Name: �—) Owner's Address: Phone Meeting Attendees: Planner: — P - "0. - -J- MEETING NOTES SUMTrTAL REQUIREMENTS: PLEASE REFER TO THE LDC AND APPLICATION FORM FOR ADDITIONAL INFORMATION. Copies of the following: K Complete legal description 1 copy of completed Addressing Checklist I copy of 8 '' /s" X 11" graphic location map of site POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON THE SPECIFLCeftOJE CT: ❑ Traffic Impact Statement (TIS) 440-'Environmental Impact Statement (EIS) ❑ Other Other revised: 1/8/04 ITEM # of Copies Completed Application download from website for current form 12 Copy of Approved PUD Ordinance 12 List identifying Owners and all Parties if a Corporation 2 Completed Owner/Agent Affidavit— Notarized 2 Master Plans full -size and one 8.5" z 11" 12 Aerial Photograph 2 Review Fee $1000 Lew Legal Advertising Fee - BCC $363.00 EIS Review Fee $1600 if applicable) Copies of the following: K Complete legal description 1 copy of completed Addressing Checklist I copy of 8 '' /s" X 11" graphic location map of site POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON THE SPECIFLCeftOJE CT: ❑ Traffic Impact Statement (TIS) 440-'Environmental Impact Statement (EIS) ❑ Other Other revised: 1/8/04 co a p O zi co a m El z 0 CL 0 Z > 4) :E 'a L O tu u od o c c 0 N 0 C i a a m N E a ce W Z Z W Q Sao -}- Z LAM l W y N O N o0. Q 0 m �u1 V w F M t Vi a 4f M Q W 01 0% N 1 C'1 N ..I .0 D 0 C 0 s CL u vn T l • 1 s a � a s ' • J a A I `\ 0 N N CID O N d U O 'D H W W 2 U) z Z CD fA E co C U 0 Aug-17 05 11:15a Collier Co. ADDRESSING 941- 659 -5724 Agenda it A8C1 Page 17 o ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every proiect Items in bold tune are reauired. 1. Legal description of subject property or properties (copy of lengthy description may be attached) �" Please see attached property info PO-4 t-c.A 1 LL, es I (Z) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 00732800002 3. Street address or addresses (as applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right -of -way 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) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) ❑ SDPA (SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) ❑ SDPL (SDP insubstantial Change) ❑ FP (Final Plat) ❑ SIP (Site Improvement Plan) ❑ LLA (Lot Line Adjustment) ❑ SIPA (SIP Amendment) ❑ BL (Blasting Permit) ❑ SNR (Street Name Change) ❑ ROW (Right -of -Way Permit) ❑ Vegetation/Exotic (Veg. Removal Permits) ❑ EXP (Excavation Permit) ® Land Use Petition (Variance, Conditional Use, ❑ VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, etc.) ❑ 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: ® Checklist is to be Faxed Back ❑ Personally Picked Up 12. Applicant Name O Grady Minor and Assoc (Sharon Umpenhour) Phone 239 - 947 -1144 Fax 239 - 947 -0375 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number s 1� 4-4- Address Number Address Number Address Number _ Approved by .� K �.B (X o� ►�-� Date 9- F7-05 Agenda Item No. 8C January 24; 2006 Pa e 18 of 80 WiiliamsHeidi 9 Subject: Pre -app PUD Extension - Sharon Umpenhour, Agent Heidi Williams, Planner Location: cds-c Start: Wed 9121/2005 3:30 PM End: Wed 9/21/2005 4:00 PM Recurrence: (none) Meeting Status: Accepted Required Attendees: CDS -C; WilliamsHeidi; valera c; HillWes; wiley_r, ElUrfaliAlan; CasalanguidaNick; scoff d; mullet r; weeks _d; bedtelyon_I; AblerKenneth; ScamehornKeith; DeltoroZamira; jarrell — chrzanowski_s; GundlachNancy; lenberger s Pre -app PUD Extension - Sharon Umpenhour, 947 -1144, representing Q. Grady Minor and Associates, Folio Number 00732800002, for an Extension of the ASGM Business Center PUD Pmamd by and return to: G. Helen Atban, Esq. Attorney at Law Grant, Fridkin, Pearson, Athau dr Crown, P.A. 5551 Ridgewood Drive, Ste 501 Naples, FL 34108 239-514 -1000 File Number: RUIS -00001 Parcel Identification No. Agenda Item No. 8C January 24, 2006 Page 19 of 80 3677601 OR: 3866 PG: 2706 111COUID to 01FICUL 11co1D1 of COL1I11 Cum It 08/12/2005 At 11:27111 DTIM 1. BIOCL, CL11:1 Cora 5200008.00 11C 111 18.50 DOC -.70 31400.00 Kato: 10111LD I r18ST11 979 1 COL1I11 BLVD WCO ISLl11D FL 34145 {Space Above This line For R000rding Dna1 Special Warranty Deed This Indenture made this 1a day of July, 2005 between Vinod Rustgi whose post office address is Georgetown Univ Mod Ctr, 8316 Arlingtoo Blvd, Ste 515, Fairfax, VA 22031 of the County of Fairfax City, State of Virginia, grantor*, and Rookery Bay Bnsiaess Park, LLC, a Fkrrida limited liability company whose post office address is 1083 N. Collier Blvd., Unit #113, Marco Island, FL 34145 of the County of Collier, State of Florida, grantee', Witnesseth that said grantor, for and in cons' i�� AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said paid by receipt whereof is hereby Acknowledged, has granted, bargained, and sold to the e, and grantee's heirs forever, the following described land, situate, lying and being in Collier Coon -., The South 1R of the North 1 o e SW 1 g sat of fate R d 1 and the South 1R of the NW 114 of the SE 114 of Sec n e C lifer County, Florida. LESS a portion of land g 1 ' a ri i O Records Book 1193, pages 2221 through 2223, of the o ter o , r GO Subject to conditions, restrictions, resery meats of recol mmon to the subdivision. Subject to ad valorem taxes and any assessments for the c C and said grantor does hereby specially warrant the title to sai and will defend the same against lawful claims against grantor, but not against other persons whomsoever. The subject property is not the homestead of the Grantor or Grantor's spouse or any minor child. Grantor's homestead is in the State of Virginia. • "Grantor" and "Cirnaw arc used for singular or piwai, as confte requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. PUDEX- 2005 -AR -8478 pRoJECT #2001050063 DATE: 10/12/05 HEIDI WILLIAMS DoubNTime• Signed, sealed and delivered in our presence: • Witness Nam Vinod Rustgi Agenda Item No. 8C January 24; 2006 Page 20 of 80 OR: 3866 PG: 2707 * ** State of V1 f f'1� O�- County of — r The foregoing instrument was acknowledged before me this __I __ \ day of July, 2005 by Vinod Rustgi, who U is personally known to me or [�] has produced a driver's license as identification. (Nolrary -Seal] [- a • i W--IY Dyed (Statutory Form) - Page 2 DoubleTlmse Details Folio Current Ownershi Agenda Item No. 8C January 24pd6of 1 Page 21 of 80 Owner Name ROOKERY BAY BUSINESS PARK LLC Addresses 1083 N COLLIER BLVD UNIT #113 C MARCO ISLAND 9 State FL 7JpH 34145 - 0000 Legal 10 5126 S112 OF N112 OF SWIM E OF SR951 + S112 OF NW114 OF SE114, LESS OR 1193 PG 2223 OR 866 PG 1990 36.25 AC 'For more than four lines of Legal Description please call the Property A ralser's Office. Section Township Range H Acres Map No. `'� Use Code Strap No. 10 H 51 26 36.25 6810 (= ) Taxable Value 1 512610 014.0006B10 Sub No. 100 =CREAGEHEADER I Millage rea "t `'� Use Code 99 NON - AGRICULTURAL ACREAGE 21 13.3115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the'Final Tax Roll Land Value $ 3,081,250.00 + Improved Value $ 0.00 = Market Value $ 3,081,250.00 SOH Exempt Value $ 0.00 (■ ) Assessed Value $ 3,081,250.00 - Homestead and other Exempt Value $ 0.00 (= ) Taxable Value 1 $ 3,081,250.00 SOH -"Save Our Homes" exempt value oue to cap on assessmenr increases. Latest Sales History Date Book - Page Amount 0812005 3866-2706 $ 5,200,000.00 0712005 3847 - 2017 $ 4,600,000.00 The Information is Updated Weekly. PUDEX- 2005 -AR -8478 PROJECT #2001050063 DATE: 10/12/05 HEIDI WILLIAMS http:// www. collierappraiser .com/RecordDetail .asp ?FolioID = 0000000732800002 9/28/2005 r Division of Corporations Florida Limited Liability ROOKERY BAY BUSINESS PARK, L.L.C. PRINCIPAL ADDRESS 1083 N. COLLIER BLVD., UNIT #113 MARCO ISLAND FL 34145 MAILING ADDRESS 1083 N. COLLIER BLVD., UNIT #113 MARCO ISLAND FL 34145 Agenda Item No. 8C January 2Pa #8CUof 2 Page 22 of 80 Document Number FEI Number Date Filed L05000062032 NONE 06/22/2005 State Status Effective Date FL ACTIVE NONE Total Contribution 0.00 Name & Address WEBSER, RONALD S 979 N. COLLIER BLVD. MARCO ISLAND FL 34145 Man ager/MPm hPr Annual 1— Report Year 11 Ffled Date - -1 http: / /ccfcorp. dos. state .fl.us /scriptslcordet.exe ?al = DETFIL &n 1= LO5000062032 &n2= NAYIFWD&n3... 9/28/2005 Name & Address 7Title COUTTS, SEAN 5400 S.W. 80 STREET MGR CORAL GABLES FL 33143 Annual 1— Report Year 11 Ffled Date - -1 http: / /ccfcorp. dos. state .fl.us /scriptslcordet.exe ?al = DETFIL &n 1= LO5000062032 &n2= NAYIFWD&n3... 9/28/2005 Agenda Item No. 8C Division of Corporations January AftggdCg3of 2 Page 23 of 80 No Events No Name History Information Document Images Listed below are the images available for this filing. THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /ccfcorp. dos. state. fl. us / scripts / cordet. exe ?a1= DETFIL &n1= LO5000062032 &n2 NAMFWD &n3... 9/28/2005 ffl: (Requssws Name) (Address) (Address) (City/ to ip/Phone #) 0 PICK -UP E3 WAIT 1:1 MAIL (Business ntity Name) (Document Number] Certified Copies Certificates of Status Special Instructions to Filing Officer r i Office Use only 6 a ltom in Page 24 of 80 3z 111111IM11111111111 400056336114 ti v rte• �' o Vf rn :, - c r, N ..... �y r —cn t v. Agenda Item No. 8C Page 25 of 80 CSC: COtr0EATION ElII�ICE CEEl�AET' ACCOUNT NO. : 072100000032 REFERENCE 44�3225 85)aaEA AUTHORIZATION ; F#� COST LIMIT . '` ''125.00 ps a% ---------------------------------------------------- -ri- -- ORDER DATE : June 22, 2005 ORDER TIME : 2:45 PM ORDER NO. 443205 -005 sr 0� CUSTOMER NO: 85786A 'sue CUSTOMER: Ms. Mary Adams Ronald S. Webster, Esq Royal Palm Mall 979 North Collier Boulevard Marco Island, FL `34145 DOMESTIC FILING NAME: ROOKERY BAY BUSINESS PARK, L.L.C. EFFECTIVE DATE: xx ARTICLES OF ORGANIZATION PLEASE RETURN THE FOLLOWING AS PROOF OF FILING: X_ PLAIN STAMPED COPY CONTACT PERSON: DEBBIE SKIPPER EXAMINER'S INITIALS: Amanda Item No 8C January 24, 2006 Page 26 of 80 ARTICLES OF OWAN 7AIlON FOR ROOKERY BAY BUSINESS PARK, L.L.C. A FLORIDA LIMr SD LL4BILTIY COMPANY ARTICLE l y z: The name of the Limited Liability Company is ROOKERY BAY BUSINESS"_" j PARK, L.L.0 r s� ARTICLE 11 9 The period of duration for the Limited Liability Company shalt be perpetual. ARTICLE III The mailing and business address of the Limited Liability Company is 1083 N. Collier Blvd., Unit #113, Marco Isiaad, FL 34145. ARTICLE iV The street address of the initial registered office of this Limited Liability Company is 979 North Collier Boulevard, Marco Island, FL 34145 and the name of its initial Resident Agent is Ronald S. Webster. ARTICLE 'V' Additional members may be admitted and the tiers and conditions of the admissions shall be that each member consents in writing to the admission of the additional member. ARTICLE VI The remaining members of the limited liability company have the right to continue the business on the death, retirement, resigaation, expulsiori, bankruptcy, or dissolution of at member or the occurrence of any other event which terminates the continued membership of a member in the limited liability company upon unanimous consent of the remaining members. £0'd LZ =ZC 900z ZZ unr Agenda Item No. 8C 'January 24, 2006 Page 27 of 80 ARTICLE VII The Limited Liability Company is to be managed by a manager. The name and address of the manager is: Sean Coutxs 5400 SW 80 Street Coral Gables, FL 33143 ARTICLE VIII The members of the Limited Liability Company are: Sean Coutts 5400 SW 80 Street Coral Gables, FL 33143 Kenneth Lowe 1083 N. Collier Blvd. Unit #113 Marco Island, FL 34145 Hitender Deswal 1083 N. Collier Blvd. Unit #F113 Marco Island, Fl 34145 Inaury Dailey 1307 Riverhead Avenue Marco Island, FL 34145 V9 'd tz :zt Soot zz unr Agenda Item No 8r' Page 28 of 80 CERTIFICATE OF DESIGNATION OF REGISTERED AGENT&EGISTERED OFFICE PURSUANT TO THE PROVISIONS OF SECTION 608.415 OR 608.507, FLORIDA STATUTES, TAE UNDERSIGNED LIMITED LIABILITY COMPANY SUBMITS THE FOLLOWING} STATEMENT IN DESIGNATING THE REGISTERED AGENTMEGISTERED OFFICE IN THE STATE OF FLORIDA. 1. The name of the limited liability company is: ROOKERY BAY BUSINESS PARK, L.L.C. 2. The name and address of the registered agent and office is Ronald S. Webster 979 N. Collier Blvd. Marco Island, FL 34145 Having been named as the registered agent and to accept service of process for the above stated limited liability Company at the place designated in the certificate, I hereby accept the appointment as roestered agent and agree to act in this capacity. I further agree to comply with the provisions of ating to the proper and complete performance of cry duties, an and and accept the obligations of my position as registccrd ag Sold L4 :Zt 9ooL Zz unr SUC 17 05 11:15a Col 1 i er Co. RDDRESS I [1G 941- 659- 572'�genda Item N IFUC 1 �s ci klw ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every project. Items in bold type are required. 1. Legal description of subject property or —r...orii in Fn r of lengthy description may be attached) - -- A — 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 00732800002 - 3. Street address or addresses (as applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right -of -way 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) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) ❑ SDPA (SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) ❑ SDPI (SDP Insubstantial Change) ❑ FP (Final Plat) ❑ SIP (Site Improvement Plan) ❑ LLA (Lot Line Adjustment) ❑ SIPA (SIP Amendment) ❑ BL (Blasting Permit) ❑ SNR (Street Name Change) ❑ ROW (Right -of -Way Permit) ❑ Vegetation/Exotic (Veg. Removal Permits) ❑ EXP (Excavation Permit) ® Land Use Petition (Variance, Conditional Use, ❑ VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD- rezone, etc.) ❑ 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: ® Checklist is to be Faxed Back ❑ Personally Picked Up 12. Applicant Name O Grady Minor and Assoc (Sharon Umpenhour) Phone 239 - 947 -1144 Fax 239 - 947 -0375 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number i-Ick L. ,!:J Address Number Address Number Address Number Approved by ,L► ,1.S ( 61C GL w, Date $ - J-7.-05 PUDEX - 2005 -AR -8478 PROJECT #2001050063 DATE: 10/12/05 HEIDI WILLIAMS Agenda Item No, 8C January 24, 2006 rayC Ju VI au ASGM BUSINESS CENTER OF NAPLES PUD PUD EXTENSION APPLICATION LOCATION MAP LOCATED IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA N � 4 H' E � 0 S U.S. 41 1 -75 IMMOKALEE ROAD U.S. 41 !w U 951 PROJECT LOCATION � FIDDLER'S / CREEK ALLIGATOR ALLEY TAMIAMI TRAIL PUDEX - 2005 -AR -8478 PROJECT #2001050063 DATE: 10/12/05 HEIDI WILLIAMS PREPARED BY: Q. GRADY KNOR AND ASSOCIATES, P.A. WOO YG DEL BEY __.. BONffA BP ON&% TIDPMA 94194 PHONE : (299) 047 -1144 FAX : (299) 947 -0975 XMDNWX Ip m1VCA7% OF AUTMHMIW O 90 M3 . n,., q croseA7R OF AMMRAMN I2 OYONLL Agenda item No. 8C January 24, 2006 Page 31 of 80 ASGM BUSINESS CENTER OF NAPLES PUD PUD EXTENSION APPLICATION LEGAL DESCRIPTION FOLIO NUMBER 00732800002 THE SOUTH %2 OF THE NORTH 1/i OF THE SW 1/ LYING EAST OF STATE ROAD S -951 AND THE SOUTH % OF THE NW 1/ OF THE SE 1/ OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS A PORTION OF LAND GRANTED TO COLLIER COUNTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1193, PAGES 2221 THROUGH 2223, OF THE PUBLIC RECORS OF COLLIER COUNTY, FLORIDA COo° C; C'4 O Z "Z N C` N m C n cco Q C/1 W aF zW wa Op zW WA W� zA �z �a W C r V � W ¢� b a U9 P vi W = 7 �x,gx Y_ Aif i,A� W 0 Za O H W V1 Z K O H F Y<W � J � W J V f/� r. ads b Y tl �5 Wig t N A A 3Nn ALdUO8d 0 a: i 0 W� O Q� C2 J, I w K m t �n n� 3NIl KL63d08d WLLLjjj O H � X = WC! oX � K � aJ cw U ZO O U i zg r v < j < lip p cm c� o, Y 1 5 wd GZSZiI sofPAOI ''JMO Z!&lOW 3JYJSV) Mtl Yd SS3NISf� 11E16Ytb JMa aNINf�✓lA - roaat�o =�± lit Awrp 1W 1 i �z i • y 2 '1 � t ,4 9 Auk 100 rap 0.7 4wi Y/M ' kl 9 4 Ovo itr � w`3 r; � r %° ( { � r {�,, A b mss• ,y ' � r a ! ° �" � " �� ..�.«� � : d' `K�" A.ka�..h.,jaSa+,M1 ^� `>A • a � "� wa'a� �' 3..f,•�q A'�. �c y �` ,a... R .. ..,,F.�� -A 3L�' -..•w. ,. r��'J S+ �'i I Agenda Item No. 8C January 24, 2006 Page 34 of 80 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that they are the fee simple titleholders and owners of record of property commonly known as Folio Number 00732800002 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate Q. Grady Minor and Associates P.A. and Roetzel and Andress legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner ,%� /'/ 4 tl N y j/) a s /'C �. PAnted ame Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affi") and subscribed before me thi54VA, day oC��CI U , 2005 by is personally known to me or his produced as identification. 1' (Name typed, printed or stamp ) - _- -- - - PUDEX - 2005 -AR -8478 (Serial Nugftr..1f aD " " ",,.N .....- •. -- 11► 4 PROJECT #2001050063 °0 _ ® GorrwNnbn # DD0161312 ECM DATE: 10/12/05 1' °a � Bonded 9one.d tlrouoh HEIDI WILLIAMS :(800.432-4254) ............................................ Florida Notary Assn., Inc. Agenda Item No. 8C January 24, 2006 Page 35 of 80 EXHIBIT "A" LEGAL DESCRIPTION FOLIO NUMBER 00732800002 THE SOUTH 1/i OF THE NORTH ' /z OF THE SW '/. LYING EAST OF STATE ROAD S -951 AND THE SOUTH 1/i OF THE NW 1/a OF THE SE 1/a OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS A PORTION OF LAND GRANTED TO COLLIER COUNTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1193, PAGES 2221 THROUGH 2223, OF THE PUBLIC RECORS OF COLLIER COUNTY, FLORIDA _Agenda Item No. -K` -_- PUDEX- 2005- AR- 84*uary 24, 2006 PROJECT #200105000 age 36 of 80 DATE: 10/12/05 AFFIDAi'IT HEIDI WILLIAMS WeII, Rookery Bay Business Park, LLC 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. WeII understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize 4. Grady Minor and Associates P.A., and Roetzel & Andress to act as our /my representative in any matters regarding this Petition. Z f- - - -2 � 91� - � -- Signature ffProperly Owner .G.W.ZA w -4 3co' Signature of Property Owner Typed orinted Nand of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me th' day o 2005, by who is son I known to me or h produced identification. State of G County of Revised: 02 -18 -04 Public —State of Florida (Print, Type, or Stamp Commissioned Name of Notary Public) ....... I ........ r.r. ANNi L BMW Cwnm%sion * 000181312 s OF O dsd 1tva+Oh ? ieoa aaz.4254) � ......................... FW& Notary Assn.. Va. ...N..NN..M Page 8 of 9 Agenda Item No. 8C January 24, 2006 Page 37 of 80 EXHIBIT "A" LEGAL DESCRIPTION FOLIO NUMBER 00732800002 THE SOUTH 1/20F THE NORTH ' /z OF THE SW 1/4 LYING EAST OF STATE ROAD S -951 AND THE SOUTH 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS A PORTION OF LAND GRANTED TO COLLIER COUNTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1193, PAGES 2221 THROUGH 2223, OF THE PUBLIC RECORS OF COLLIER COUNTY, FLORIDA Agenda item No. 8C January 24, 2006 PUDEX- 2005- AR_8478 Page 38 of 80 PROJECT 42001050063 DATE: 10/12/05 HEIDI WILLIAMS TRAFFIC IMPACT STATEMENT FOR ASGM BUSINESS CENTER OF NAPLES Prepared by- F- %Yls-O,i x DIM UR & ASSOCIATES, P.A. ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 via Del Rey Bonita SPrinA Florida 34134 (941) 947 -1144 JULY, 2001 Revised Janu vy, 2002 F:V0B\ADUR \CD=BBFrUX OC ASGM BUSINESS CENTER OF NAPLES INTRODUCTION Agenda Item No. 8C January 24, 2006 Page 39 of 80 Page 1 The proposed ASGM Business Center of Naples is a request for PUD rezoning of an approximately 40.88 acre for uses including commercial, retail and light industrial end users. The project site is located on Collier Boulevard just south of the Prime Outlet stores in Section 10, Township 51 South, Range 26 East, Collier County, Florida. For project location please refer to Figure 1, Location Map, page 2. The project will have a single entrance on Collier Boulevard. SCOPE The following analyses are included in this report: 1. Trip Generation Calculations (at buildout) presented for Peak Season Daily Traffic (PSDT) including the respective peak hour volumes. 2. Trip Assignment within the Radius of Development Influence (RDI). 3. Existing Traffic Volumes within the RDI; AADT volumes, PSDT volumes, and Level of Service (LOS). 4. Future Traffic Volumes within the RDL AADT volumes, PSDT volumes, and LOS. 5. Discussion of irapacts to within the RDL TRIP GENERATION Trip generation rates are estimated using 6th Edition Trip Generation published by the Institute of Transportation Engineers. Land Use Code 110, General Light Industrial, Land Use Code 814, Specialty Retail Center, Land Use Code 831, Quality Restaurant, and Land Use Code 310, Hotel were used to estimate trip generation for the project. A summary of the Trip Generation Calculation for the project is shown on Table 1, on page 3. The raw trip generation for the project is estimated to be 5,418 trip ends for daily traffic volume and 411 trip ends during the highest peak hour (PM). A 25% pass -by capture rate is estimated for the retail and restaurant uses. The new trips generated for the project have been adjusted to 4,481 trip ends for daily traffic volume and 366 trip ends in the peak hour for use in the analysis. Please refer to the DISSCUSSION section for details concerning the effects of these traffic volumes on the level of service for roadway links within the RDL FAY0B\ ADLER1CDS'CBBPrI J= Agenda Item No. 8C January 24, 2006 Page 40 of 80 Page 2 FIGURE I LOCATION MAP Y. T. S. F.\JOB\ADLERtCDS \CB BPiIS. DOC Agenda Item No. 8C January 24, 2006 Page 41 of 80 Page 3 Table ble 1 Adler Business Park SUMARY OF AVERAGE VEHICLE TRIP GENERATION AVERAGE WEEKDAY DRIVEWAY VOLUMES 7 -9 -01 TRIP GENERATION BY MICROTRANS 1 F:U08\ADLM\CDS\CB EMS.DOC 24 HOUR AM PK HOUR PM PK HOUR TWO -WAY - LAND USE SIZE VOLUME ENTER EXIT ENTER EXIT GENERAL LIGHT INDUSTRIAL 200 TK.GR.SQ.FT. 1392 130 18 15 108 SPECIALTY RETAIL CENTER 50 TH.GR.SQ.FT. 2033 0 0 56 74 QUALITY RESTAURANT 200 SEAT :572 0 0 35 17 HOTEL 200 ROOMS 1421 59 38 56 .50 "'1TAL 5418 189 56 162 249 Note: A zero rate indicates no rate data available TRIP GENERATION BY MICROTRANS 1 F:U08\ADLM\CDS\CB EMS.DOC Agenda Item No. 8C January 24, 2006 Page 42 of 80 Page 4 TRIPASSIGNMENT The projected directional distribution of traffic to and from ASGMBusiness Center ofNaples site was determined using population and surrounding trip attractions. A modified Fratar method calculation was used based on population projections for the area and proportional distribution of existing traffic. The project directional distribution is shown on Table 2, page 5 and also on Figure 2, page 6. The distribution includes only those roadways within the Radius ofDevelopment Influence (RDI), based on a 5 mile radius. Figure 2 also depicts some of the major surrounding trip attractions used in the distribution determination. E USTING TRAFFIC Table 3, page 7, shows existing 2002 AADT and PSDT traffic volumes, including peak hour volumes, for all major roadway links within the RDL Values were projected from 2001 data provided by Transportation Planning staff for the roadway links within the RDI. Level of Service (LOS) determinations are made based on the Collier County Service Volume Tables presented in the Growth Management Plan. These service volume tables are also presented in Appendix A, Supporting'Date. FUTURE TRAFFIC Table 4, page 8, shows 2004 traffic volumes without project generated traffic included for all major roadway links within the RDL Table 5, page 9, shows 2004 traffic volumes with project traffic included for all major roadway links within the RDL The effect of project generated traffic on the surrounding roadway links is discussed below. Intersections within the RDI fall below 1200 vph for critical volumes. DISCUSSION The volume of proposed project traffic does not degrade the level of service of any ofthe roadway links within the project RDI below acceptable standards. However, there are segments that are projected to operate at substandard levels of service without project traffic and deserve further discussion. Collier Boulevard from the CR 953 to the Marco Island Bridge is a 2 -lane undivided roadway. This link operates at LOS E with current estimated 2002 traffic volumes. When this volume is adjusted for peak season, or when the background traffic volume is projected to the anticipated build out year of 2004, the level of service is LOS F (without any project generated traffic). The anticipated additional traffic added by the proposed project does not fiuther degrade the LOS of the segment. If daily traffic volumes are used, the projected LOS for Collier Boulevard for 2004 is LOS F. However, when peak hour volumes are used the result is LOS C. F V0MADL M%CD3IC;BHFMJ:)OC Ucao CO occ) o— N O co J -,t- O L O> ro ^^ro (6 J LL ro 4 y l�Y 0 N so o> 0 b O N a N �z �o H� c 8 79 ta � z Agenda Item No. 8C January 24, 2006 Page 44 of 80 PAGE 6 FIGURE 2 TRIP DISTRIBUTION MAP N. 7.5. CO000. o- A N 0 r LO J � � L m n Q S 0 ry, o0 00 ei cs ON 00 � {V M M M N kn N 3 o � � � z y v a 04 a Q S 0 UCD o CC) o °cc pN O Z,t7,.D N (� -a- C: UA ss r � Fri U U G4 r� �x cl o� 0�0% h cc QQ O t1 G M M V � M wl N'� 00 co O 00 en M � a° M et er M N h c� U � I o a a 3 3 a ZD z 19 v u w v v 3 W W W W x UA ss r � Cco0 J� O -@a c 0- c Q a UW s� a CA G ri M n �! No efi N M M Cl M w o-N ,y ai G M N x N p�ppQw � � o x a x y z 3 o d a r3 UW s� Agenda Item No. 8C January 24, 2006 Page 48 of 80 Page 10 GROWMMANAGE 1E1vT'pL41yF0LjCM The applicable policies of the growth management plan are addressed as follows: Policy 13/1.4 = The roadways within the radius of development influence (RDl) are not degraded (or further degraded) below acceptable level of service standards after the addition of project traffic. Objective 5 - The project traffic represents over 5% of LOS C traffic volumes on only Collier Boulevard south of U.S. 41. However, the project traffic is less than 5% of the peak hour volume for LOS C. The LOS of this segment is not degraded by the -addition of project traffic. The link operates at LOS C for peak hour, peak direction conditions (including project traffic) for the buildout year- Objective 7 - Opportunities for interconnection with adjoining properties have been considered and incorporated into the plan. The project will meet all applicable parking requirements in the Collier County Land Development Code at the time of development. SUPPORTING DATA Agenda Item No. 8C January 24, 2006 Page 49of8O TRAN- 19u LLJ v U, i�� W7 {NCI 0 � W,rn °N OJT N °W°• z �-o E N LO n- 7 N cc� 0 O W N Z O N O� LL O O l c UJ W uJ J�Q Q Ocl U W O =1 ii-� 9 VjV° C]j00 _ cl3Wr !Quw0�O°; ID >N(ri WaOr- 0C 1 f- QOcl IWaOIcD pW-W O J .((D0 Jlcni CO LLJ a CL'O iW= mZ o 3 No Z 0 i�W� O { YW ILU J 0 .2 O a a¢ is ag aQ J IOC JO i W 4 I NU U . � NvaD�Q - (oco �CD � °w vct'cc �rcoLOr ++ WO W*O V N =!)r f vLn _OC vO N0 N yJWa00000 D a> ( a (9 Q ' W povoovoo'o Wrnr_vm� -of ap000000 Z �NCc ^Nr--0N0 Zp00000 - !rltirer ; odocOg -w D 0 LUW Fy-0 r t- Oj e- yOc9WANNWAN (.iN47wv1 Of� Ne -40 OF ' -j z, ' O -j ( a 4 J Wh WA N N to N _ ' ^ Z - Icjic> };I-- W Z ow-0000V QO u o o d o o o V V CO 01r) W V 0 0 0 0 0 0 ~ l.mWgoa?W) ?- O O O O a- o Oo000' Z V V(a� N 1 Q'�V1(GNWQNN p JIWiI�Nrtictcul rNR'- QON`sTO -tvNi Q z =ON'Q p..JjN'7NN`a. r� U m �� a Ym00000000 Q MM080080 a " WOO0000Qd) L co � r CO) a J cn a. ^ p O o cl d - 0 v E _ Y J a a000000 �a000000 za000000 m y 0 � � r r a co W/] co Z a Cl) °o °o_ O m J o .- .- o F- q 5> W4 L gtorWA p m L a.2 0 m V D a�OWnv C 04 c o cv c ca K?r- UO000 O cV O d cV - cC (M 0io0 WAeT C of d C c i O d iE of J C !!of J C J C - K � N = C c CL ` W V C g 0 E Q m E J a � m E J Q uj m QmuawU- "' QmC.)Q <Im a- W LL. �' O M co NN NNNNO I O NNN NnNiNO UiINN C4 cm TRAN- 19u ROUTE-SPECIFIC SEGMENT 23 TABLE 1 -23 ART -TAB Version 2.0 Arterial Level of Service volume Tablee Based on Chapter 11 of the 1984 Highway Capao(ty Manual Update Florida Department of Transportation DIcSCRiPT10N ROAD NAME: Isle of Capri From: US 41 . To: Msrutee Road » »> »aa> PEAKOtftECTION:NI3 Study Time Period: PM PEAK Analysis On":1"T condlocas Plumber of Lana: MDT: User Notes: Free now speed a SS (4S used) S ment th a 1.1 it us TRAFFIC CHARACTERISTICS - Range -- K FACTOR: 0.097 (0.06 .02M 0 FACTOR: 0.526 (0.50 -1.00) PHF: OA" (0.70 -1 AO) ADJ. SATURATION FLOW RATE: 1,850 (1400 - 2000) !t TURNS FROM EXCLUSIVE LANES: 46 (0.1 ROADWAY CHARACTERISTICS URBAN, TRANSIT11ONING. OR RURAL AREA TYPE: U (U, T. or R) ARTERIAL CLASS: 1 (1.2. or 3) FREE FLOW SPEED (1mPhi 45 (45.40. or 35) TOTAL LENGTH OF ARTERIAL (rt): 1 MEDIANS (Y/M: Y LEFT TURN SAYS : Y IGNALMATION CHARACTERISTICS NO. SIGNALIZED INTERSECTIONS: t ARRIVAL TYPE. PEAK DIRECTION: 3 (1.2.3.46 or 6) TYPE SIGNAL SYSTEM: 3 (P. S. or A) (FtiPrefirneQ S- Serrdect a*4 A- Ackatoo SYSTEM CYCLE LENGTH (set): 103 (W-IM WEIGHTED THRU MOVEMENT 031 (0.20. OAM Agenda Item No, SC January 24, 2006 Page 51 of SO IRAN- 19Y (IneArdws vehiGes in exclusive tuns ier»s) 1 Level of Service LANES A 8 C O E 1 WA 940 1.060 1.060 1.060 2 WA 1.960 2.120 2.120 2.120 3 WA 3.000 3.190 3.190 3.190 4 WA 4.060 4,250 4250 4.250 O ck dws velickas in *=M" Mum lerses) I Level of Service LAM A a C O E 2 WA 1.770 2.010 2.010 2010 4 WA 3.710 4,020 4.020 4020 6 WA 5.650 6,030 6.030 6030 6 WA 7.690 6.050 64060 8.030 pnatrdss vef cbs in eatkrs" term we>..;1 S LevM of Setrrice LAND A a' C O E 2 WA 16.300 20.700 20.700 20.700 4 WA 352W 41300 41.5W 41,300 6 WA 56.600 9=1 62,200 62200 6 WA 79.300 62.900 62.900 82.800 A meems the level d service is not achwo*" Peak Hour Peak Direction Throwghftght vlc Ratio for Fun-mow Level of Service LAMS A 6 C 0 E 1 WA 0A6 1.00 1.00 1.00( 2 WA 0.92 1.00 1.00 1.00 3 WA 094. 1.00 1.00 1.00 1 WA 0.96 1.00 1.00 1.00 IRAN- 19Y L) 00 CO CD ,- pN O .Z4" N LO i a — ca nnca C d W v 0 U J 0 � ( N V 0 cq W 0 9 0 �WV� �DocOv Cul �C 5 Q 2 0 O w °- N � r- � Z 0 JO 0 Q F- Q Q U� OZ ui fi 'J W Q I #o Ul (j (a la uj 0) Woo VDU + Uul u, v�m_n 0 c'! N U W W a w a iW= iQ�m� E- U3 NNN� i�oC Y eON 0)0 = f Z ID 00 LL' a ui O O O Z _� >� �.-ONN Q OZ o W QQ tx m i QQ MOO ! 0 Z ' O aJ ! I J O0 J U o v a (or.o 0 a0 I- N 0 j N 0 0 0� g� A a�mcoq � p0►tnV ?ASS CIA c; C4 ZMI- V) t UMc�tt� -imv I LL -- z� z w a`o E Q CD °-' 0IVI0 V) N foNNR i crU)V TABLE I -24 L WW 1Iw ly/ U. Q �hWJ U. !CCWJtn ui fi 'J #o Ul (j (a la uj 0) u U) 0) < ta:= ��?aig iW= iQ�m� i�oC Y .a ID 00 a IZ Q QQ i QQ ! 0 Z ' O ! I J I i i J (or.o 0 � a i MAN 0 ^ 0; j N N a�mcoq ?ASS ZMI- V) t UMc�tt� -imv I LL i _0 i Q i crU)V — N i JNrnto DOuia t QOcvi I O LU mm0O �mgo aD Ito o� WMNt�, � Q;� 0 o = Y ' Q W Q O O z Q O O a.focV ZMeo a0 C% JON Z - C cv 12 Z ago. aa�Oa M�� — C� i TABLE 1 -25 UaO o W W O _ ( - - -- lu c"o co to N0 i INWI � N 00r ON ! 0 ci — m c4 LL ,o cLL IU cca ma� DO co N (3O c— po NZ LL 0 OW0 NO 0 O N W Z O W a >- J UJ00 N W Qt!U U0 cn � >Vo NN o W cr . 9 ul �ddt_=9 W W 0 > W aWNo 3or CO =ENO ON j 'Oo z Q z IJN p a Q W c0)I v*Z Cl) o o w Wco0Wlcoo NcOV_u�t� WW9D NT .a vacs U W p OQf W88800 -r.S•- CA p co40mC OC.; a C.; V; 0M06C). 7 W H IL> p0000 yNC�lI cq +l pap000cDo —v)C Cl) zpoo ctpaDCC 0 W = W Ore =e-e- ZO�NNNN VMcoC��n� �OC��[NN N �" ff O Ci (� W W �-i- V Z "Uoo Z I o co • o - LO CO UUi000 W N co Q Z O(nQJtryefCA �Nao"w11W 0- JNt�WC4I- C% C4 Q O 0 a cry gs C4 C4 UW ° w ~ O 0 L D moNtoO m poo v aa m� roo 000 W a 4 YN O Ne�1n wmoml�m .0 OVic J O .- v cm .- Q i io V .°. Y q y Q 000 U) � z< m OC 8 NZ p O0v v o_O� y coo 0 c „i J ..i Z Vm � gmOO�tf.r- c; V), Qa0V -V-0Cq �OCtlOO�nr �ptpOOtnt- amc; .�c z ar w CL Z us 6 r j `o C9 a, W-- E ma�nu�+n8 Q <MUQ E maatoIn0 4 E QmUO}' a 4 4mUD ul)tntn0 c M NNNNI-- XIC4 C4 C4 C4 dNNNNF- 19x TBAN U C° ° TABLE 1 -45 0J°°CO .z N v0 W M W D C3J 01 N LO Vi y N ca ND �cu !!1 N l I co C%j i. I�iOO * O O m W PW Wco � t7 00 {�C7 0� Ix 9 F=WUc° 5WUo QWUo QV= pH co Jco + i(C9> LIQON O 0 C4 Q� `n 00 W W= Wm 0n j >0 O Q( a z W o;Z Q � Cfl I p O �Q 1 !z I� a U J o a o Qj oiQ z z( j z - U ! I �I w¢ I I 1 wo t Wj$go U W v� o w � N rn C* 0 co m {i 0 N C � � 0', f-- CD 0 (.- er N U ��7J rn J/fv r� o� W W E ' 4 a. Q 0rnoM zOccovw ° 20`00000° W Q f4NiVh -- fnCOC4m V Cl) Oct "''! ?� jONC*i� ZO��rn U- cn(D °�� z ° =H ` Z V o W U - n , I Cg `) o IV co . c r >- U o 0 0 U)co cc A MNVh. - iwlr:ct Z UO Nc4 Oc�cr OcACO ULZ ca IX }_- W W(} C Ymco'o�o mmoV, oo �pl000 LU J U) w W0 ^� n0�- cri >O�c cs c a 0 ¢� V � Y QoulO WQ000 z¢0oo0 m •= CL V) N 0 0 J J J N 9 F" E r N�l'�+nC'! r 0tominM _ t w�cou�� V ay mmC;Cgc; oocviov oeli c 'c cE cE cE z r.► ulr E < E < E v � NLo�NI WN 0USto4 O aa0 on to NvIrR vvvf— qwv TRAM_ ?n► Q 1� U w Agenda Item No. 8C January 24, 2006 Page 55 of 80 • (61.. 1b? 4 LDfs R2LN•TAS 4w%x G—l:t;- Rural 2 -Lane Level d Service Tables Based on ChspW 8 of the 111x7 HW way Copadty M&*W Florida Department of Transportation Systems Planning Office • May 2000 Road Name: US 41 �p6r- ol° Coa4C- Rit-VD • Peak Hour Factor. 0.860 Study Time Period: PM PEAK Adjusted Saturation Flow Rate. 2,600 (BI- direction) AADT: 4,707 Free Flow Speed: m ¢ (mph): ss User Notes: Default No passing zone .,: 20 % K Factor. 0.093 D Factor: o.S40 Passing lane: 0 % Left Tum Say: Yes PEAK HOUR PEAK DIRECTION VOLUME Level of Service LANES A B C D E 1 140 290 470 750 .1.210 PEAK HOUR VOLUME (80TH DIRECTIONS) Level of Service LANES A 8 C D E 2 270 540 870 11390 2,240 ANNUAL AVERAGE DAILY TRAFFIC (AADT) Level of Somme, LANES 2 Printed: 11/28/20010&'61:09 PM Agenda Item No. 8C January 24, 2006 Page 56 of 80 sIGKAL=D WMRSELMON,S 941 I PLANNING APPLICATION WORKSHEET —� Intersection: / • S • q! I _G1,4 1 %t Date: //,)2- Analyst: Cn S Time Period Analyzed: - -� Project Na, City/State: SB TOTAL ® _ $-+- 1t' W-- io Es TOTAI. � �3 -- COc.ux- 5L yp , NS STREET EB LT — NB IT : WB TH - SB TH 2� 2 WB LT = 6q6' SB LT a OR EB TH — _1 � f OR NB TH �, 674 © 11 1N9 _cr rWB TOTAL y.s..gt E W STREET 33r rrr 181 NB TOTAL T }Lei � /MAXIMUM S V OF CR 1 iCAL L.LPACrrY VOLUMES LEVEL 0 TO 1,200 UNDER 1,201 to 1,400 NEAR > 1,400 OVER. L4 11, + G56 o S SUS? v E-W CRITICAL N S CRITICAL a Agenda Item No. 8C January 24, 2006 Page 57 of 80 ORDINANCE NO. 02- 4 7 _ AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 `00 2021 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, OCT Z�j FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP RIA" NUMBERED 1610N; BY CHANGING THE ZONING g CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" P 44, PLANNED UNIT DEVELOPMENT KNOWN AS "ASGM BUSINESS X89 *tiZ CENTER OF NAPLES" PUD LOCATED APPRO)OMATELY 1/4 MILE SOUTH OF MANATEE ROAD ON COLLIER BOULEVARD (CR #951) IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.88+1 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson, of Young, vanAsseoderp, Vannadoe and Anderson. representing Martin S. Alder, Richard L. Schwartz, Herbert Garil, and Marvin Meyerson, petitioned the Board of County Commissioners to change the zoning classification of the herein described real Property rr-: c_a NOW, THEREFORE, BE IT ORDAINED by the Board of County Cormt7ssionerrs, of tier v y .... County, Florida, that: r" _ c. CISSI ONE: ay The zoning classification of the herein described real property locsImn HOC' tiara 10. Township 51 South, Range 26 East, Collier County, Florida, is clanged from "A" Rural Agficulture to "PUD" Planned Unit Development in accordance with the "ASGM Business Center" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein- The Official Zoning Atlas Map numbered 1610N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, this &,Uay of Ofta-/j at, 2002. ,p F. 6 E. BROCK, Attest as to Chiirtllas'S 3 1904twe•01t1y. Approved as to Form and Legal Sufficiency J 1..! /lA'rt 't t i A J i t/ •�ri 11d, Marjorie 14. Student Assistant County Attorney • a I • 1 i► This ordinance f ?!rd with the Secretory of State's Office the lMokloy of — ampae and acknowledgement of that fiiin eceived t USO-9- 9C daq of 9y o,R,m cr,k PUDEX - 2005 -AR -8478 PROJECT #2001050063 DATE: 10/12105 HEIDI WILLIAMS Agenda Item No. 8C January 24, 2006 Page 58 of 80 ASGM Business Center of Naples A PLANNED UNIT DEVELOPMENT 40.88f Acres Located.in Section 10 Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Martin S. Adler Richard L. Schwartz Herbert Garil Marvin I. Meyerson PREPARED BY: D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 And R. Bruce Anderson, Esq. Young, vanAssenderp, Varnadoe & Anderson 801 Laurel Oak Drive, Suite 300 Naples, F1 34108 EXHIBIT "A" DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC Z,*Z f AA ORDINANCE NUMBER FAIPUD DocumenWASGM2PUD.doc revision dale 8/0112002 Agenda Item No. 8C January 24, 2006 Page 59 of 80 TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III BUSINESS PARK SECTION V GENERAL DEVELOPMENT COMMITMENTS EXHIBIT A ASGM BUSINESS CENTER OF NAPLES PUD MASTER PLAN FAPUD DocwnentsWSGM2PUD.doc revision date 8/01/2002 PAGE ii 1 -1 2 -1 3 -1 41 Agenda Item No. 8C January 24; 2006 Page 60 of 80 1I STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Martin S. Adler, Richard L. Schwartz, Herbert Garil, and Marvin I. Meyerson, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 40.88.* acres of land located in Section 10, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be ASGM Business Center of Naples. The development of the ASGM Business Center of Naples PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan, Business Park Subdistrict. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District, Urban Coastal Fringe Subdistrict is to provide for a variety of residential and non - residential developments such as Planned Unit Developments. 2. The ASGM Business Center of Naples PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 4. The development of the ASGM Business Center of Naples PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 5. The ASGM Business Center of Naples PUD complies with the location and development criteria for business parks as found in the Business Park Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. 6. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code (LDC). SHORT TITLE This ordinance shall be known and cited as the "ASGM BUSINESS CENTER OF NAPLES PLANNED UNIT DEVELOPMENT ORDINANCE ". F1PUD DocumenEMSGM2PUD.doc revision date 8/01/2002 Agenda Item No. 8C January 24, 2006 Page 61 of 80 1 -1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the ASGM Business Center of Naples PUD, and to describe the existing condition of the property proposed to be developed. 11 LEGAL DESCRIPTION The South'' /2 of the North %2 of the SW 1/4 lying east of State Road 951 and the South V7 of the NW 1/4 of the SE '/. of Section 10, Township 51 South, Range 26 East, Collier County, Florida Consisting of 40.88± acres. 13 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 10, Township 51 South, Range 26 East. The site is bordered on the north by the Prime Outlet Mall, zoned C4 and undeveloped property zoned RMF -16 (8); on the south by Silver Lakes PUD; on the east by undeveloped Estates zoned property, and the west by Collier Boulevard (S.R. 951). B. The zoning classification of the subject property at the time of PUD application was A, Rural Agriculture. C. Elevations within the site are approximately 3.75' above MSL, per FEMA Firm Map Panel No. 120067 615 E, dated August 3, 1992, the ASGM Business Center of Naples property is located within flood zones AE (7). D. The site is largely vegetated and consists of disturbed Pine Flatwoods, Wax Myrtle, Brazilian Pepper and mixed wetland hardwoods. E. The soil types on the site generally include Oldsmar Fine Sand, Oldsmar Fine Sand Limestone Substratum and Holopaw Fine Sand. Oldsmar Fine Sand represents a majority of the soil types found on the property. This information was derived from the Soil Survey of Collier County Area, Florida, 1998. F. The project site is located within the Collier County Water. Management District Miscellaneous Coastal Basin. G. Industrial, light industrial and commercial uses shall be permitted within the Business Park designated portions of the project. F:1PUD DocumentcWSGM2PUD.doc revision date 810112002 SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 8C January 24, 2006 Page 62 of 80 The purpose of this Section is to generally describe the plan of development for the ASGM Business Center of Naples PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The ASGM Business Center of Naples PUD will be developed as a business park providing for a mixture of light industrial and non - industrial uses and accessory uses, consistent with the Business Park Sub - district of the Urban Mixed Use District of the Future Land Use Element of the Collier County Growth Management Plan. B. The Master Plan is illustrated graphically on Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual tracts and access to tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval in accordance with Sections 3.2.7 and 3.3 respectively of the LDC. 23 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the ASGM Business Center of Naples PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC and the Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. FAPUD Dceumrnts\ASGM2PUD.doe revision date 8/01/2002 Agenda Item No. 8C January 24, 2006 Page 63 of 80 2 -2 D. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land that comprises this PUD.. E. All conditions imposed herein or as represented on the ASGM Business Center of Naples Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 32) shall apply to the ASGM Business Center of Naples PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the ASGM Business Center of Naples PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. 2.4 ROADWAYS A. Roadways within the ASGM Business Center of Naples PUD may be private. w , Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. 2.5 EXCAVATION Removal of fill and rock from the ASGM Business Center of Naples PUD shall be administratively permitted up to an amount of 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way or access easements for landscaping, decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Planning Services Director, taking into account engineering and safety considerations during the development review process and prior to any installations. FAPUD Documenu\ASGM2PUD.doc revision date SM112002 Agenda item No. 8C January 24, 2006 Page 64 of 80 2 -3 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the ASGM Business Center of Naples Master Plan. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. A. Reconfiguration of lakes, ponds, canals, preserve arras or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. B. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. C. Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a Property Owners' Association or similar entity. The Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. FAPUD Documents%ASGM2PUD.doc revision date 810112002 Agenda Item No. 8C January 24, 2006 Page 65 of 80 2-4 2.9 LANDSCAPE BUFFERS, BERME, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the ASGM Business Center of Naples PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: I. Ground covered berms 3:1 2. Rip -Rap berms 2:1 B. Landscape buffers shall be required - as shown on the Conceptual Master Plan, Exhibit "A ". The Type `B" buffer adjacent to the project's northern property boundary where abutting RMF -16(8) zoned property shall be a minimum of 25 feet in width and shall meet the vegetative height, opacity and landscape standards for Type "B" buffers per Section 2.4.7.4 of the LDC. C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the ASGM Business Center of Naples PUD boundary prior to preliminary subdivision plat and site development plan submittal. D. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers, consistent with Section 2.4.73 of the Collier County LDC. E. Landscape berms located within the ASGM Business Center of Naples PUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that the toe of slope is located a minimum of five feet (5') from the property line and/or right -of -way line. 2.10 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of land under unified ownership or control, as set forth in the LDC, Section 2.220.2.3. B. The ASGM Business Center of Naples PUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards for business services, commercial uses, and related community features and facilities, which include features and facilities such as landscaping, signage, lighting, pedestrian systems, fences, buffers, and other similar facilities. FAPUD Document5\ASGM2PUD.doc revision date 8/01/2002 Agenda Item Rao. 8C January 24, 2006 Page 66 of 80 2 -5 C. All primary and secondary business park land uses shall be subject to Division 2.8 of the Collier County Land Development Code. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the ASGM Business Center of Naples PUD. General permitted uses are those uses which generally serve the Developer and residents of the ASGM Business Center of Naples PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Community recreational facilities. 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. 7. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Ten feet (10'). PTUD DocumentslASGM2PUD.doc revision date 8/01/2002 2. 3. 4. Agenda Item No. 8C January 24, 2006 Page 67 of 80 2 -6 Setback from PUD boundary - Fifteen feet (15'). Minimum distance between unrelated structures - Ten feet (10). Maximum height of structures — Forty-five feet (45'). 5. Minimum lot or parcel area — 15,000 square feet. 6. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with LDC in effect at the time of site development plan approval. 2.13 OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that mixed-use projects maintain open space at a minimum of 30% of the project area The project will be designed in accordance with this standard and open space areas shall be shown on the site development plan and/or subdivision plat, whichever may be required. 2.14 SIGNAGE A. GENERAL 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights -of -way. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights -of -way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. FAPUD DocumenWASC3M2PUD.doe mvion date SM112002 Agenda item No. 8C January 24, 2006 Page 68 of 80 2 -7 B. ENTRANCE SIGNS 1. Two ground or wall- mounted entrance signs maybe located at the entrance to the subdivision within the PUD. Such signs shall only contain the name of the subdivision or the insignia or motto of the development. 2. The ground or wall signs shall not exceed a combined total of 64 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from the public right -of -way and any perimeter property line shall be IS feet... C. DIRECTORY SIGNS I . One directory sign shall be permitted at the project entry. The maximum sign area shall be 250 square feet and the sign shall not exceed 25 feet in height. The sign shall be set back a minimum of 15 feet from the Collier Boulevard right -of -way. Names of business located on out - parcels shall not appear on directory signs. D. TRAFFIC SIGNS Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. B. Roadways within the ASGM Business Center of Naples PUD shall be designed and constructed in accordance with Section 3.2.8.4.16 of the LDC with the following substitutions: 1. Section 3.2.8.4.16.5, Street Right -of -Way Width Street right -of -way width: The minimum right -of -way width to be utilized for public or private local streets and cut -de -sacs shall be forty (40') feet. FAPUD Documents%A$OM2PUD.dce revision date 8101!2002 Agenda Item No. 8C January 24, 2006 Page 69 of 80 2 -8 2. Section 32.8.4.16.6, Dead -end Streets Cul-de -sacs may exceed a length of one thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 5. Section 32.8.3.17.3, Sidewalks, bike lanes and bike paths The primary roadway network serving the ASGM Business Center of Naples PUD shall be required to have a 5 foot wide sidewalk on each side of the roadway, extending from the entrance on Collier Boulevard to the eastern boundary of the northernmost Primary and Secondary Business Park tract. A 5 foot wide sidewalk shall be provided on one side of the remainder of the primary roadway network. Cul-de -sacs serving fewer than four building lots shall not be required to install sidewalks. The general location of the sidewalk system is shown on Exhibit A, Conceptual Master Plan. FAPUD Docurnew\ASGM2PUD.doc revision date 810112002 SECTION III BUSINESS PARK 3.1 PURPOSE Agenda Item No. 8C January 24, 2006 Page 70 of 80 3 -1 The purpose of this Section is to identify permitted uses and development standards for development areas within the ASGM Business Center of Naples PUD. 3.2 GENERAL DESCRIPTION The approximate acreage of the business park is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 33, and Division 3.2 respectively, of the LDC. 3.3 PERMITTED USES AND STRUCTURES A. Permitted primary uses. One - hundred percent of the ASGM Business Center of Naples PUD district acreage is allowed to be developed with the following uses: 1. Aircraft and parts (groups 3721 -3728) 2. Apparel and other finished products (groups 2311 -2399) 3. Building construction (groups 1521 -I542) 4. Business services (groups 7311, 7312, 7334, 7338, 7342- 7389) 5. Communications (groups 4812 -4899, including communication towers limited in height to 100 feet and subject to Section 2.6.35.6.2.1. of the LDC.) 6. Construction: Special trade contractors (groups 1711 -1799) 7. Depository and non - depository institutions (groups 6011 -6163 6019, 6081, 6082) 8. Drugs and medicines (groups 2833 -2836) 9. Eating places (group 5812 not including fast foods, walk -up windows and drive- through restaurants) 10. Educational services (groups 8243 -8249 8221 -8299, 833 1) FAPUD Documents%ASGM7PUD.doc revision date 8/01/2002 Agenda Item No. 8C January 24, 2006 Page 71 of 80 3 -2 11. Electronics and other electrical equipment manufacturing (groups 3612- 3699) 12. Engineering, accounting, research, management and related services (groups 8711 -8748) 13. Food manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099) 14. Furniture and fixtures manufacturing (groups 2511 -2599) 15. Government offices/buildings (groups 9111 - 9222, 9224 -9229, 9311, 9411- 9451,9511 - 9532,9611 -9661) 16 Health services (groups 8011 -8049) 17 Industrial and commercial machinery and computer equipment (groups 3511 -3599) 18. Industrial inorganic chemicals (groups 2812 -2819) 19. Job training and vocational rehabilitation services (group 833 1) 20. Leather and leather products (groups 3131 -3199) 21. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groups 3812 -3873) 22. Medical clinics (groups 8011, 8021, 8041- 8049), provided that said use shall be permitted only as a related, accessory use, supportive and incidental to the primary, planned research office facilities and further provided that any such use shall be oriented internally to the major development of the planned research office facilities, with no direct access to major arterials external to the project. 23. Medical laboratories and research and rehabilitative centers (groups 8071, 8072, 8092, 8093) 24. Membership organizations (group 8611, business associations; group 8631, labor unions and similar labor organizations) 25. Miscellaneous manufacturing industries (groups 3911 -3999) 26. Motion picture production (groups 7812 -7819) FAPUD DocumenbWSGM2PUD.doc envision date 8/01/2002 Agenda item No. 8C January 24, 2006 Page 72 of 80 3 -3 27. Motor freight transportation and warehousing (groups 42I4 and 4225 - indoor storage only) 28. Paper and allied products (groups 2621 -2679) 29. Personal services (groups 7211 -7219) 30. Plastic materials and synthetics (groups 2821, 2834) 31. Printing, publishing and allied industries (groups 2711 -2796) 32. Professional offices (groups 6311- 6399, 6411, 6531, 6541, 6552, 6553, 6712 -6799, 8111) 33. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053) 34. Security/commodity brokers (group 6211) 35. Social services (group 933 1) 36. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3792, 3799) 37. U.S. Postal Service (group 4311) 38. Wholesale trade (groups 5021 -5031, 5043 -5049, 5063 -5078, 5091, 5092, 5094 -5099, 5111-5159, 5182, 5191 -5199) 39. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Permitted secondary uses: The following uses shall be limited to a maximum of 30 percent of the total acreage of the ASGM Business Center of Naples PUD: 1. Amusement and recreation services (groups 7911, 7922, 7933, 799I ) 2. Child day care services (group 835 1) 3. Depository and non - depository institutions (groups 6021 -6062. 6091, 6099, 6111 -6163) 4. Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with health services groups and medical laboratories /research/ rehabilitative groups. li FAPUD DocumentsWSGM2PUD.doe revision date 6/01/2002 3.4 C. Agenda Item No. 8C January 24, 2006 Page 73 of 80 3-4 5. Hotels (group 7011, up to 26 hotel units per acre density) 6. Membership organizations (groups 8611, 8621, 9631) 7. Museums and art galleries (group 8412) 8. Personal services (groups 7221 -7231, 7241, 7291) 9. Professional offices: travel agencies (group 4724) Uses accessory to permitted primary and secondary uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right in the PUD. 2. Caretaker's residence, subject to Section 2.6.16 of the LDC. 3. For primary business park uses, retail sales and/or display areas as accessory to the principal use shall not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. Development standards A. L-11 C. Minimum lot area: 20,000 square feet. Minimum Iot width: 100 feet. Minimum yard requirements for principal and accessory structures: 1. Front yard: a. Collier Boulevard: Fifty feet (50') b. Internal roads. Twenty -five feet (25') 2. Side yard: Ten feet (10') 3. Rear yard: Ten feet (10') 4. From PUD boundary: Twenty -five feet (25') 5. Distance between structures: If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of 15 feet or a distance equal to one -half the sum of their heights, whichever is the greater. F:IPUD Documents%A.SGM2PUD.doc envision date 810112002 Agenda Item No. 8C January 24, 2006 Page 74 of 80 3 -5 6. Maximum height of structures: Forty feet (40'), except that architectural features and non - structural building elements may be constructed to a maximum height of fifty feet (50'). 7. Minimum floor area: One thousand square feet. RTUD Documents\ASGM2PUD.doc revision date 8/012002 Agenda Item No. 8C January 24, 2006 Page 75 of 80 4-1 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the ASGM Business Center of Naples project. 4.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. B. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 43 ENGINEERING A. Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. 4.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Central water and wastewater service will be provided by the appropriate governmental and/or private utility provider. Appropriate utility easements will be dedicated to the utility provider in accordance with the procedure adopted by the utility provider. B. Upon completion, the utility facilities shall be tested to insure that they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. Utilities shall be designed in accordance with the Collier County Utilities Ordinance No. 97 -17. FAPUD DocumenulASOM2PUD.doc revision date 8/01/2d02 Agenda Item No. 8C January 24, 2006 ' Page 76 of 80 4-2 4.5 WATER MANAGEMENT A. The project shall be designed in accordance with standards of the South Florida Water Management District. 4.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Current Planning Section Staff for review and approval prior to final site plantconstruction plan approval. A schedule for exotic vegetation removal shall be submitted with the above - mentioned plan. B. A minimum of 15 percent (6.1 acres) of the site's viable naturally functioning native vegetation shall be retained or replanted in accordance with Section 3.9.5.5.4 of the Collier County Land Development Code. However, this policy shall not be interpreted to allow development in wetlands, should wetlands alone constitute more than the portion of the site required to be preserved. For this site, a minimum of 7.93 acres including these wetland areas and native vegetation shall be retained on -site. 4.7 TRANSPORTATION A. All project access points shall be coordinated with the State Department of Transportation. B. Arterial level street lighting shall be provided by the developer at all project entrances at the time access improvements and infrastructure improvements are installed to support development of each individual tract. C. Signage and street markings shall-be consistent with MUTCD standards. D. Potential interconnection locations to properties north of the ASGM Business Center of Naples PUD are conceptual in nature and the actual location shall be determined by mutual consent of property owners prior to site development plan or final plat approval. 4.8 STORMWATER MANAGEMENT A. A copy of the South Florida Water Management District surface water management permit, permit modification or waiver shall be submitted to Collier County prior to site development plan approval. RTUD DocumentsVlSGhGPUD.doc revision date LO 2002 Agenda Item No. 8C January 24, 2006 Page 77 of 80 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT B. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2002 -47 Which was adopted by the Board of County Commissioners on the 8th day of October, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of October, 2002. DWIGHT E. BROCK J Clerk of Courts and Ex- officio to Board of County Commissioners M vtf�EJ • �� By: Ellie Hoffman, Deputy Clerk Ucoo CO o CO o� p" O z � co E N ~ cu L Q 3-Nm QL.M MW Aw- R 1 x� BB 6-0 O Q a 00 �g jig @lVl31110p 1®TQJ � % 19E lf0 n ggpp �� f�ae'u7) aWil3rlpe ply, N qqy 09., q F �� R pp s�lll►� � �� := ■ � � = C � �iili�� C ,� III, ■ ■ � � Ii11111i111 IIIIi1111�1�� ►� 3-Nm QL.M MW Aw- H U) Z O Q U OI r~ cc >n 0 0 N v a it z 0 w a R 1 x� BB 6-0 O Q a 00 �g jig @lVl31110p 1®TQJ � % 19E lf0 n ggpp �� f�ae'u7) aWil3rlpe ply, N qqy 09., q F �� R pp H U) Z O Q U OI r~ cc >n 0 0 N v a it z 0 w a Agenda Item No. 8C January 24, 2006 Page 79 of 80 r To: Heidi Wiliams, Principal Planner, Zoning & Land Development Review Dept. From: Marcia Kendall', Planner, Comprehensive Planning Dept. Date: November 4, 2005 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDEX- 2005 -AR -8478 PETITION NAME: ASGM Business Center of Naples PUD REQUEST: Extend the approved time period for an existing PUD by two (2) years, so as to allow the landowner to complete development activities that were approved and adopted on October 8, 2002 by Ordinance # 02 -47. LOCATION: The subject PUD is located in Section 10, Township 51 South, Range 26 East, and is bordered on the north by the Prime Outlet Mall, zoned C -4, and undeveloped property zoned RMF- 16(8); on the south by Silver Lakes PUD; on the east by undeveloped Estates zoned property, and the west by Collier Boulevard (SR951). COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. The AGSM Business Center of Naples PUD, comprising 40.881 acres, was approved for a mixed use of Industrial, light industrial and commercial uses utilizing the Business Park Subdistrict. No changes are proposed to this PUD and there have been no amendments to the Growth Management Plan since the time that the PUD was approved that would affect the approved uses. FLUE Policy 5.4 requires new developments to be compatible with surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. CONCLUSION: Based on the above analysis, the proposed extension may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Comprehensive Planning Department i Agenda Item No.: 8C January 24, 20106 Page 80 of 80 RESOLUTION NO. 06 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 02 -47 KNOWN AS ASGM BUSINESS CENTER OF NAPLES PUD, EXTENDING THE CURRENT PUD APPROVAL TO OCTOBER 8, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the ASGM Business Center of Naples PUD, Ordinance 02-47 adopted on October 8, 2002, is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two years, until October 8, 2007. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13.D. of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to October 8, 2007 at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to Form and Legal Sufficiency: Mar o;je N1. Student - Stirling Assistant County Attorney PUDBx- 2005 -AR- 8478 /H W /sp Page 1 of 1 CHAIRMAN Agenda Item No. 9A January 24, 2006 EXECUTIVE SUMMARY Page 1 of 15 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD OBJECTIVE: To appoint 4 members to serve 3 year terms, expiring on February 14, 2008, to the Collier County Code Enforcement Board. CONSIDERATIONS: The Collier County Code Enforcement Board has 4 terms expiring on February 14, 2006 and 1 additional vacancy due to a resignation. This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The terms for Raymond J. Bowie, Gerald J. Lefebvre, George P. Ponte and Larry Dean Mieszcak will expire on February 14, 2006. Additionally, Clifford Wesley Flegal, Jr. resigned on December 12, 2005, for a total of 5 vacancies. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Larry Dean Mieszcak — Citizen — Retired 5 Yes Code Enforcement Board currently serving as Alternate — would like to be considered as Regular George P. Ponte — reappt Citizen — Retired 1 Yes Code Enforcement Board Gerald J. Lefebvre — reappt Realtor 3 Yes Code Enforcement Board Raymond Bowie - rea pt Attorney 4 Yes Code Enforcement Board ATTENDANCE: Larry Dean Mieszcak — missed 1 meeting out of 5 (not excused) George P. Ponte — missed 2 meetings out of 12 (1 excused) Gerald J. Lefebvre — missed 2 meetings out of 12 (1 excused) Raymond Bowie — missed 3 meetings out of 12 (none excused) COMMITTEE RECOMMENDATION: Quasi - Judicial — no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager �^~ Board of County Commissioners Agenda Date: JANUARY 24, 2006 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9A Appointment of members to the Collier County Code Enforcement Board. 1;24;2006 9:00.00 AM Agerda her., No 9A January 24. 2006 Pngc <' of 15 Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1/9!2006 9:44:70 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1712006 3:66 PM Commissioners Agenda Item No. 3A January 24, 2006 Page 3 of 15 MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Michelle Edwards Arnold, Director Code Enforcement Department DATE: January 13, 2006 SUBJECT: Collier County Code Enforcement Board Appointments A review of the applications provided has been conducted and the applicants have been placed in the applicable category based on areas of expertise. Applicant Cateeory District Larry Dean Mieszcak Citizen — Retired 5 George P. Ponte Citizen — Retired 1 Gerald J. Lefebvre Realtor 3 Raymond Bowie Attorney 4 Should you have any further questions, please contact me at 403 -2440. Q ca Lo CD r rno,� =N N Cis � (6 C 'D C C CD N � m Q Z u j r 0 > CL N , Ill a�Q»CA �» > z C ¢' z to LE CD a D o.0 E Egg ¢ o c ga�l� m o� c cm .� mono rn�6 =ZQW m� mE mC�wC7� JZQW ZZ Agenda Item No. 9A January 24, 2006 Page 5 of 15 Collier County Code Enforcement Board - North Nance Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Jerry P. Morgan 04/26/05 02/14/07 2 Years 2350 Mont Claire Drive, 4201 594 -8204 Naples, FL 34109 E -Mail. District: 2 Category: REGULAR - Construction D �7,$S Mr. Gerald J. Lefebvre -: esw2449. 04/28/02 5389 Cove Circle 77s -ee04 02/11/03 Naples, FL 34119 E -Mail. District. -3(3 Category: REGULAR - Real Estate /Zoning Mr. George P. Ponte 02/18/97 565 Augusta Boulevard, Apt. 10 793 -1370 02/11/03 Naples, FL 34113 E -Mail. District: 1 Category: REGULAR - Retired CBS Employee Mr. Larry Dean Mieszeak 06/28/05 7280 Carducci Court 732 -1713 Naples, FL 34114 E Mail: LVM1960 @earthlink.net District: 5 Category: ALTERNATE - Real Estate if ednesdar. June 29. 2005 Page 2 of 3 02114/03 1 Year / 02/14106 3 Years 02/14/00 3 Years 02/14/06 3 Years 02/14/06 8 mos Agenda Item No. 9A January 24, 2006 Page 6 of 15 Collier County Code Enforcement Board - North Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Justin DeWitte 642 -3000 04/26/05 02/14/07 2 Years 1060 Borghese Lane, # 1102 784 -3963 Naples, FL 34114 E Mail: dewitte@mail.com District: Category: ALTERNATE - Business Professional 5 O'' 1_ Mr. Raymond J. Bowie 4r, ✓`'t 435 -1007 10/28103 02/14/04 4 months 70s 775- 0010 04/27/04 02/14/06 2 Years Naples, FL 34102 E -Mail: RealtyCounsel@earthlink.net District: 4 Category: REGULAR - Attorney - Real Estate Mr. Richard Kraenbring 596 -2315 10/26/04 02/14/06 4 months 1995 Tarpon Bay Drive North, #201 298-6215 04/26/05 02/24/08 3 Years Naples, FL 34119 E -Mail: rkaenbring @swfla.rr.com District. 3 Category: REGULAR - Construction Ms. Sheri Barnett 591 -2149 09/10/02 02/14/05 3 Years 1160 27th Street, S.W. 455 -4296 03/08/05 02/14/08 3 Years Naples, FL 34117 E Mail: scbarnettI @ #earthlink.net District. 5 Category: REGULAR - Financial Planning ,,d ra' Mr. Clifford Wesley Flegal, Jr. te) 15 774- 9674 06/03/97 02/14/00 8 months 530 Augusta Boulevard, Unit 102 774 -9674 01/13/04 02/14/07 3 Years Naples, FL 34113 E -Mail: sflegall@worldnet.att.net District. 1 Category: REGULAR/Realtor Wednesday. June 29. 2005 Page I of 3 Agenda Item No. 9A January 24, 2006 Page 7 of 15 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 7 member board was created pursuant to Chapter 162 of the FL Stat. by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 1213/96. FL STAT 162 Staff. Michelle Arnold, Code Enforcement Director.: 403 -2413 11'ednesdar. June 29. 2005 Page 3 of 3 — 91sons Rm: advisoryboards @colliergov.net Sent: Wednesday, December 14, 2005 3:12 PM To: filson s Subject: New On -line Advisory Board Application Submitted. Pagel of 2 Agenda Item No. 9A January 24, 2006 Page 8 of 15 IC, er V -d j� fe- p�T(VI e CA 1 -13 4 c. Board of County Commissioners i 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 7743602 12/14/2005 December 14, 2005 Application for Advisory Committees / Boards Name: Raymond J Bowie Home Phone: 239 - 775 -0010 Home Address: 70510th Street South #202 City: Naples Zip Code: 34012 Fax Number: 239 -435 -0021 Business Phone: 239 -435 -1007 Email Address: LawyersRE(,,aaaol.com Place of Employment: Raymond J. Bowie, Esq. 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 / Committee Applied for: Code Enforcement Board Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? ff yes, please list the boards / committees: Code Enforcement Board Please list your community activities: No information provided. Education: BA, MBA, JD Experience / Background: Real estate broker Attorney at Law, Florida Board Certified in Real Estate Law • • 12/14/2005 Page 2 of 2 Agenda Item No. 9A January 24, 2006 Page 9 of 15 Agenda Item No. 9A January 24, 2006 Page 10 of 15 MEMORANDUM DATE: December 12, 2005 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CODE ENFORCEMENT BOARD Larry Dean Mieszcak 7280 Carducci Court Naples, FL 34114 George P. Ponte 565 Augusta Boulevard, #10 Naples, FL 34113 Gerald J. Lefebvre 5389 Cove Circle Naples, FL 34119 Thank you for your help. COMMISSION DISTRICT 5 3 Agenda Item No. 9A January 24, 2006 MEMORANDUM Page11of15 DATE: December 12, 2005 TO: Michelle Arnold, Code EnforcemeM Director FROM: Sue Filson, Executive Manager Board of County Commissioner ` RE: Collier County Code Enforcement Board As you know, we currently have vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Larry Dean Mieszcak 7280 Carducci Court Naples, FL 34114 George P. Ponte 565 Augusta Boulevard, #10 Naples, FL 34113 Gerald J. Lefebvre 5389 Cove Circle Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. 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 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committees /Boards Agenda Item No. 9A January 24, 2006 Page 12 of 15 6 Name: d A,r Y '3Df /qry A ks,,, iC Home Phone: 7.3-2 17/3 Home Address: 12 go C14►-�1 J cG t r t✓'�"_ Zip Code: Fax No. Business Phone: e-mail address: L° VM / 96 ® itW1 Alvl< • All r-- Place of Employment: Of V and Board or Committee Applied for: , Co I i "f 0- e"oo ,v r 4W Ir £Av-F O yr'�f IF9 z W-r RQAid Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years_ Months 1— Are you a registered voter in Collier County: Yes_.k_No .,_.49 Do you currently hold public office? Yes No If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No If yes, please list the committees/boards: % t t ti �OrGs.rtt Sri' Ong' r f�f •�f Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education • OA- -'l7 �. Experience: 'f� CW Please attach any additional information you feelperdnent, This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. Ifyou wish, please fax your application to (239) 774 -3602 or e-mail to sueftlso collierrov. net. Thank you for volunteering to serve the citizens of Collier County. Agenda It m No. 9A Januar, 24, 2006 Paa 13 of 15 ar'ATS yr rLLLNDr# BOOM! OF JesPJUr&S rArZVM doom& A"alatim no. gas Offered by JkVWeewotetlw Bob lipgtae MCRSAN, The members of the House of Representatives of the Stare of Illinois are pleased to congratulate Villa Park Trustee Larry Dean Mieszcak on the occasion of his retirement; and MAMMAa, Mr. Mieszcak, known to many as Larry Dean, has lived in Villa Park since 1965; he worked as a real estate agent 'in Villa Park and ,Lombard for 23 years; and NUMAZAS, As a trustee, he is especially proud of his work to bring a Chevrolet dealership from Elmhurst to Villa Park and in approving the Walgreens pharmacy on Roosevelt Road, the Target store on North Avenue, and the final plans to redevelop the former Ovaltine factory into loft aPArtments and retail stores and the construction of the new police station; and MAMUCAB, He was involved in the community in matey other capacities, serving in the Jaycees, Rotary Club,. and Elmhurst Elks; he also served as the director of Harris Bank Oakbrook Terrace; and NIAMZAAr, Hr. Miestcak has raised large sum$ of money over the years for various charitable organizations by serving as a volunteer auctioneer; and N MA", For years, he coordinated the collection and distribution of food baskets to needy families over Thanksgiving holidays; and MADERKAB, He was named a Paul Harris Fellow by the Rotary Foundation for his assistance that he gave for the furtherance of better understanding among people of the world; and MOB, He was twice selected as 'Rotarian of the Year, by his local Rotary Club for placing his service to the Club and community above self; and R22XW i, Pollowing his retirement from the Village Board on December 20, 2004, Larry Dean plans to move to Naples, Florida, with his wife, Valerie; therefore, be it vxv, sr iii Bmw OP 1tNlJt laTZVS1 Or 78i ilIn 1'- FOURPa MM" A&Ammr Or 2= Mars Ot zLLnvx&, that we congratulate Larry Dean Mieszcak on the occasion of his retirement as Trustee Of the Villa Park Village Board; and be it further RisOLVAW, That a suitable copy of this resolution be presented to him as an expression of our respect and esteem and with best wishes for a relaxing retirement. Adopted by the House of Representatives on January 26, 2005. Tq,Q".LN. M4.ur Michael J. Madigan, Speaker of the House kt-If /mil Mark Mahoney, Clerk of the House 10 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Application for Advisory Committees /Boards Agenda Item No. 9A January 24, 2006 Page 14 of 15 Name: -EORC F- P. PONS- Home Phone: W3- 137 0 Home Address: 5-116' AUGUS'T'A RLVP * f0 Zip Code: 314(11-7S70 Fax No. u P, Business Phone: 0 A e-mail address: Ll9NCr0KGEPAO 10001 Place of Employment: E-ri V, - Board or Committee Applied for: r=rg 9mracCCAIL 1VOTmaigercm 7` X01 AL.TI=R.WATf- Category (if applicable): L, A� PEKSO IJ Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years_ Months Are you a registered voter in Collier County: Yes No Do you currently hold public office? Yes. If so, what is that office? No He Have you ever been convicted of any offense against the Law? If yes, explain: Yes No Nil Do you now serve, or have you ever served, on a Collier County board or committee.' Yes —xr No If yes, please list the committees/boards: Ocipt R f-a [ KM " i Please list your community activities (civic clubs, neighborhood associations, etc. and positions PA P(.£S CIRCvteN4Y t9 F a) Experience: 9ROaDCA%7 1kG t-ASl' FuLLTtr-Ar Postrino C6S(H cuVerRk) - MAaAGEnotri- eUSl OCr.S j)eVgt_oPrl & t- CBS RP 40 r.1 trtrettV.- ALSO CA,17 slaoL rice CiVic ASSOCIATIOW BOAiLU (nEstset_ r j Please attack any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. Ifyou wish, pleasefax your application to (239) 774 -3602 or e-mail to suefilson(a�colliereov.net Thank you for volunteering to serve the citizens of Collier County. • • Board of County Commissioners 3301 East Tamiami Trail ` r.�aples, FL 34112 Ld (239) 774 -8097 5 Fax;-(2,39) 774-3602 re �fj Application for Advisory Committees /Boards Agenda Item No. 9,A January 24, 2006 Page 15 of 15 Name: _6,OR 44•71> -,-T.. 49XIZAVR Home Phone: Z-39 —!6y - 'I &X= Home Address: S3,V Col/ W Zip Code: a y / t 7 Fax No. Business Phone: e -mail address: r,cLZ .s e 7 _ ,•o PC Place of Employment: C / NS 725- P kA' Board or Committee Applied for: 0.041, ZER Cc> uN zve le--%a>,or �� e5r>sot�.P � W Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, eta How long have you lived in Collier County: Years_ Months � Are you a registered voter in Collier County: Yes_ZNo Do you currently hold public office? Yes No t� If so, what is that office? Have you ever been convicted of any offense against the Law? If yes, explain: Yes No_ Do you now serve, or have you ever served, on a Collier County board or committee? Yes ✓ No If yes, please list the committees/boards: 4feD 1-4-7 ,p C sX.t.a./P`1 / sv� t � i� vQ C� ..,•,�L� Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education:_ Experience: o ✓Sit/ (� 3� s�fri2� O J`' - ,OhPe-.er,4t. -C ^4->r A/ gt *7,, c 'r 2!1 / 19 9 9 • Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 3411Z If you wish, please fax your application to (239) 774 -3602 or e-mail to suerlsoig-4)coQiereov. net. Thank you for volunteering to serve the citizens of Collier County. Agenda Item No. 96 January 24, 2006 EXECUTIVE SUMMARY Page 1 of 10 APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 31, 2006, to the Golden Gate Community Center Advisory Committee. CONSIDERATIONS: The Golden Gate Community Center Advisory Committee had 1 resignation with the term expiring on December 31, 2006. 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. Ms. Cheryle L. Newman resigned her position effective January 31, 2006. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Vicki N. Clavelo Resides Within MSTU 5 Yes I None COMMITTEE RECOMMENDATION: Vicki N. Clavelo — perfect attendance in 2005 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: January 24, 2006 Aperda Rent Nn. 96 January 24. 2006 Paloo 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 913 Item Summary: Appointment of member to the Golden Gate Community Center Advisory Committee. Meeting Date: 112412005 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11912006 9:44:30 AM Commissioners Approved By James V. Mudd County Manager Date Board of Cowtty County Manager's Office 1x17;2006 3:34 PM Cornmissioners f Agenda item No. 913 January 24, 2006 Page 3 of 10 COCKIER C0� COLLIER COUNTY DEPARTMENT OF PUBLIC SERVICES Parks and Recreation Department Golden Gate Community Center • 4701 Golden Gate Parkway • Naples, Florida 34116 -6901 (239) 455 -2343 • Fax: (239) 455 -9556 • http: /Avwwcofiergovnet MEMORANDUM DATE: January 12, 2006 SF TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tona Nelson, Senior Administrative Assistant Department of Parks and Recreation A�4 RE: Golden Gate Community Center Advisory Board At the regularly scheduled meeting of January 11, 2006 the Golden Gate Community Center Advisory Board recommended the selection of Vicki N. Clavelo to fill the vacant seat on the advisory board. Vicki Clavelo was the only candidate for this vacancy. I have attached the attendance record as requested. If you need any further information, please call me at 353 -0404. G O !� C Y C O N H C Y Agenda Item No. 9B January 24, 2006 Page 4 of 10 Attendance Report Golden Gate Community Center Advisory Board Vicki N. Clavelo for 2005 Date Action January No meeting due to Holida February Present March Present April Present May No Quorum June Present July No meeting due to Holiday August No Quorum September No meeting due to Holiday October Present November Present December Present Agenda Item No. 9B January 24, 2006 Paae 5 of 10 Golden Gate Community Center Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Tern: Ms. Kaydee Tuff 213 -6074 03/28/00 I2131/01 2 Years 2642 44th Terrace, S.W. 353 -1687 01/10/06 12/31/07 2 Years Naples, FL 34116 E -Mail: kaydee@tuffnews.com District: 3 ago Category: Resident within MSTU 3 Ms. Cheryle L. Newman y �r 12/03/96 12131/98 2 Years 5101 31 st Avenue, S.W. f 353 -7969 12/14/04 12/31/06 2 Years Naples, FL 34116 E -Mail: birdldy2@aoLcom District: 3 Category: Resident within MSTU Mr. William E. Arthur 4200 22nd Place, S.W. 455 -4503 Naples, FL 34116 E -Mail: wmenaples@aol.com District: 3 Category: Resident within MSTU Mr. Ernest F. Bretzmann 261 -7112 2284 50th Terrace, S.W. 455 -3496 Naples, FL 34116 E -Mail: uwofcc2 @aol.com District. 3 Category: Resident within MSTU Mr. W. James Klug, III 4257 32nd Avenue, S.W. 455 -7180 Naples, FL 34116 E -Mail. wjklugIlI@yahoo.com District. 3 Category: Resident within MSTU 09/26/00 12/31/00 3 Months 12/14/04 12/31/06 2 Years 02/22/05 12/31/06 2 Years 01/10/06 12/31/07 2 Years Wednesdgr. Jaauan• 11. 2006 page ] of 2 Agenda Item No. 98 January 24; 2006 Page 6 of 10 Golden Gate Community Center Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndEvpDate 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 am 2 years. Keith Larson, Golden Gate Community Center Supervisor 455 -2343 FL STAT 125.01 .Ytaff.• Maria Ramsey, Public Services Administrator. 774 -8468 Wedrresdgr. Januan• 11, 2006 Page 2 of 2 MEMORANDUM DATE: January 3, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9B January 24, 2006 Page 7of10 JAN ii 5 `KGO6 Board of County C=Missfoners The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG COMMUNITY CENTER ADV COMM Vicki N. Clavelo 3610 2 V Avenue, S.W. Naples, FL 34117 Thank you for your help. COMMISSION DISTRICT MEMORANDUM DATE: January 3, 2006 TO: Marla Ramsey, Public Services grator FROM: Sue Filson, Executive Manager , Board of County Commission RE: Golden Gate Community Center Advisory Committee Agenda Item No. 9B January 24, 2006 Page 8 of 10 As you know, we currently have 1 vacancy on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Vicki N. Clavelo 3610 21' Avenue, S.W. Naples, FL 34117 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 recommended for reappointment. 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 filson_s Om: advisoryboards @colliergov.net Sent: Wednesday, December 14, 2005 5:26 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 December 14, 2005 Application for Advisory Committees / Boards Name: Vicki N. Clavelo Home Phone: 239 -455 -1475 Home Address: 3610 - 21 st Avenue, S. W. • City: Naples Zip Code: 34117 Page 1 of 2 Agenda Item No. 9B January 24, 2006 Page 9 of 10 Aft',_ ', f�. Fax Number: 239 -353 -7883 Business Phone: No information provided. Email Address: VClavelo05@aol.com Place of Employment: Homemaker 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 / Committee Applied for: Golden Gate Community Center Category: (if applicable) No information provided. • Do you currently hold public office? No 12/15/2005 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards / committees: Emergency Medical Services Golden Gate Community Center Please list your community activities: Conservancy Volunteer Golden Gate Woman's Club Golden Gate Civic Association Education: Hialeah High School Experience / Background: Golden Gate Community Center Board -1994 - 2005 a 12/15/2005 Page 2 of 2 Agenda Item No. 9B January 24, 2006 Page 10 of 10 Agenda Item No. 10A January 24, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to consider the Habitat Conservation Plan Advisory Committee's recommendation to explore the feasibility of a multi- species Habitat Conservation Plan OBJECTIVE: To have the Collier County Board of County Commissioners (BCC) consider the findings of the Habitat Conservation Plan Advisory Committee (Committee) and its recommendation for the BCC to provide direction to the Committee for exploring the feasibility of a multi- species Habitat Conservation Plan (HCP). CONSIDERATION: The BCC has adopted Resolution 2005 -174 establishing the Habitat Conservation Plan Ad -hoc Advisory Committee. The primary purpose of the Committee is to assist the BCC in determining the feasibility of developing and implementing a County -wide HCP to provide protection for Red - cockaded woodpeckers (RCWs) in Collier County. As a result of the Committee's information and data gathering efforts that were conducted to satisfy the BCC's direction as outlined in Resolution 2005 -174, the Committee has found that the U.S. Fish and Wildlife Service would require a County -wide HCP to be a multi- species plan that, depending on geographical scope, would need to address more listed species than just RCWs. Because a multi- species HCP is different from the BCC's prior direction, the Committee has decided to bring this finding to the BCC and recommend that the BCC reconsider its prior direction to limit the evaluation of a County -wide HCP to just a single species (RCWs). At its December 19, 2005 meeting, the Committee voted unanimously to forward the attached recommendations to the BCC. FISCAL IMPACT: The committee has been meeting twice per month since August 2005. Summary minutes of each meeting are taken at an average cost of $150 per meeting. County Manager agency staff time using non - Environmental Review staff has averaged 40 + / -hours per meeting to support the committee's activities. Sufficient funds are budgeted in the FY06 budget to continue the Committee's work. GROWTH MANAGEMENT IMPACT: This effort assists in implementing various policies of Goal 7 of the Conservation and Coastal Management Element that addresses the protection and conservation of wildlife. LEGAL CONSIDERATIONS: The County Attorney's Office has had an Assistant County Attorney attend the Committee's meetings who has given input to the Committee as it has developed its recommendations. RECOMMENDATION: That the Board of County Commissioners consider the attached Habitat Conservation Plan Advisory Committee recommendations and direct the Committee to evaluate the feasibility of a multi - species Habitat Conservation Plan. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Agenda Item No. 10A January 24, 2006 Page 2 of 3 December 26, 2005 To: Board of Collier County Commissioners From: Habitat Conservation Plan Advisory Committee Re: Interim Progress Report The purpose of this memorandum is to summarize the work of the Habitat Conservation Plan Advisory Committee and present recommendations from our committee for next steps before continuing further work on the establishment of a Habitat Conservation Plan (HCP) for Collier County. The Board of County Commissioners (BCC) adopted Resolution 2005 -174 establishing the Habitat Conservation Plan Ad -hoc Advisory Committee. The primary purpose of the Committee is to assist the BCC in determining the feasibility and desirability of developing and implementing a County -wide HCP that will provide for the protection of Red- cockaded woodpeckers (RCW) in Collier County. Since its formation the Committee has conducted eight meetings to gather necessary information to accomplish its task. During these meetings the Committee has had technical presentations and input from various Federal, State, Local officials and private individuals and contractors. Based on information from the U.S. Fish and Wildlife Service ( USFWS) representatives, we have learned the USFWS would require that a County -wide HCP would have to be a multi- species plan and not just address Red - cockaded woodpeckers. Because the direction from the BCC to the Committee was to address only a county -wide RCW HCP, the Committee decided to bring forth USFWS's position to the BCC for further direction. Based on this information, the Committee recommends that the BCC consider changing its direction from exploring the feasibility of a single species HCP to a multi - species HCP. If granted this change in direction, the Committee will explore the ramifications of a multi- species HCP including the following elements: • Issues of geographical scope and coverage of an HCP, • The species associated with the geographical scope, • Types of impacting activities including County infrastructure needs, • Financial impacts of a multi - species HCP, • Community support of an HCP, and • Alternatives to an HCP if an HCP is not deemed feasible. If the BCC directs the Committee to continue with its work, the Committee will provide the BCC with interim reports. Agenda Item No. 10A January 24, 20,36, Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: I DA Item Summary: This Ilem to be heard at 11 00 a.m Recommendation to consider the Habitat Conservation Plan Advisory Committees recommendation to explore the feasibility of a multi- species Habitat Conservation Plan. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) Meeting Date: 1124!2006 900.00 AM Prepared By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development & Environmental Services 12126(2006 11:49:07 AM Environmental Sarvices Approved By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development 8 Environmental Services 1212612005 3:12 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 12/27/2005 8:56 AM Environme mal5ervices Environmental Scrv+ces Admin. Approved By Sandra Lea Executive Secretary Date Community Development & Community Development 8 1212612005 9:49 AM Environmental Services Environmental Services Admin. Approved By Community Development 8 Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development 8 1212912005 2:45 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management R Budget 113/2006 3:47 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11412006 10:06 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1112006 1:12 PM Commissioners Agenda Item No. 10B .January 24, 2006 Page 1 of 25 EXECUTIVE SUMMARY Report to the Board of County Commissioners in response to a Public Petition by Mr. Thomas E. Selck regarding the issuing of Building Permit No. 2005080737 for the construction of a single family home located at 3560 21" Avenue SW, Golden Gate Estates OBJECTIVE: To inform the Board of County Commissioners of the staff findings regarding the complaint registered by Mr. Thomas E. Selck pertaining to a single family home being constructed by Waterways Joint Venture IV, at 3560 21' Avenue SW, under an approved building permit, Permit Number 2005080737, approved by the Collier County Building Review and Permitting Department on September 29, 2005. CONSIDERATIONS: During the regular meeting of the Board of County Commissioners held on November 15, 2005 under Public Petition, agenda item 6A, Mr. Thomas E. Selck registered a complaint regarding the issuing of Building Permit No. 2005080737 citing that the application does not meet the requirements of the Florida Building Code, that the application does not meet the requirements of applicable County codes, that the application contains conflicts between the structural and architectural plans, that the septic field, as defined by the code, is closer than 75 feet to the well head on his property and that the project, if built as approved, will drain water onto his property. As requested by Mr. Selck and as directed by the Board, staff met with Mr. Selck on December 20, 2005 to discuss his concerns regarding the construction of the house on the subject property. Attending that meeting were the following: Joe Schmitt Administrator, Community Development and Environmental Services Division Bill Hammond Director, Building Review and Permitting Department Tom Kuck Director, Engineering Services Department Stan Chrzanowski Senior Engineer, Engineering Services Department Ken Rech Collier County Community Health Department Ed Gilman Collier County Community Health Department Dalas Disney Architect, Disney and Associates — Architect for the project. Nicole Gassaway Waterways Homes — Builder and Contractor of the project Thomas Selck Petitioner Barry Riordan Island Construction — representing the petitioner Mark V. Silverio Attorney representing Mr. Selck The purpose of the meeting was to again review Mr. Selck's concerns with the project and to review the criteria and overall justification for approving and issuing the associated building permit and septic permit for the project. Mr. Selck again stressed his two major issues regarding site drainage, (1) that the construction of a house built slab on grade on elevated backfill to the allowed 7.5' setback on a 75' wide lot would create a situation where it would be impossible to drain the storm water runoff without the water running onto his property, (2) that the Agenda Item No. 10B January 24, 2006 Page 2 of 25 construction of the house was in violation of County ordinances prohibiting such runoff and that the permit was issued in violation of County regulations, one major issue regarding the impacts of the septic drain field on his potable well site, and one issue regarding the type of foundation approved for the project. Regarding the site drainage issues, Mr. Selck was advised that staff, as part of the single family home final inspection process, would ensure that the required measures such as proper grading, guttering, downspouts and drain piping would be installed to appropriately handle the incremental impacts of the increases in impervious surfaces on the site. Inspectors from the Engineering Services Department will inspect all aspects of site and lot drainage before a final Certificate of Occupancy (CO) is issued. Regarding the location of the septic field, Mr. Selck claimed the location would contaminate his potable well. Mr. Selck was informed that the builder revised the site plan to move the house from 180 feet to 260 feet from the front property line. A revision to the site plan was approved on November 15, 2005. The septic tank and associated drainfield were moved from the front to the rear of the property. The original design placed the septic tank and drainfield 37 feet 8 inches and the front of the house 150 feet from the front boundary line of the property. The revision now places the house 260 feet from the front property line and the septic system in the rear of the property, over 327 feet from the front property line and 106 feet from Mr. Selck's existing well. See the enclosed original and revised site plans. In sum, Mr. Ken Rech of the Health Department opined that the new location exceeded the required separation distance mandated by code. It is important to note that although the revision for the septic field was submitted and approved, the Health Department maintains the original location of the septic field was in compliance with regulations and the permit was not issued in error. Regarding the type of foundation, Mr. Selck claimed that the plans contained confusing information about the type of foundation and slab to be constructed on the site and that this constituted a violation of the Florida Building Code. Mr. Bill Hammond, Collier County Building Review and Permitting Director, reviewed the plans and concluded there was no basis for this contention and that the plans were appropriately reviewed and approved by the Building Department staff. In summation, staff remained firm that all associated permits for the home were issued pursuant to the defined criteria of the Florida Building Code and the Collier County Land Development Code. At the conclusion of the meeting, Mr. Selck appeared to be satisfied with staff s position and staffs assessment that any further issues regarding the construction of the home are fundamentally a civil matter between Mr. Selck and the builder, Waterways Homes. Enclosed with this report are a series of letters and Agency Issue Management System (AIMS) issues from Mr. Selck along with the respective responses all related to this same issue. Enclosures: 1. Letter from Mr. Selck to Mr. Bill Hammond, Director, Building Review and Permitting Department, dated September 7, 2005 Agenda Item No. 103 January 24, 2006 Page 3 of 25 2. Letter from Mr. Selck to Mr. Bill Hammond, Director, Building Review and Permitting Department, dated October 3, 2005 3. AIMS issue Incident Number 1678 initiated October 14, 2005 4. E -mail from Mr. Bill Hammond noting response to AIMS issues and September 7, 2005 letter 5. Letter from Mr. Bill Hammond to Thomas E. Selck dated October 11, 2005 responding to the October 3, 2005 letter 6. Letter from Mr. Selck to Mr. Bill Hammond, Director, Building Review and Permitting Department, dated October 14, 2005 7. Original property site plan 8. Revised property site plan 9. Letter from County Manager Jim Mudd to Mr. Thomas E. Selck advising of scheduled public petition for the October 25, 2005 BCC meeting (which was later continued to the November 15, 2005 BCC meeting because of Hurricane Wilma) 10. Building Permit No. 2005080737 11. State of Florida Department of Health Septic Permit Application for the subject property 12. State of Florida Department of Health Septic Permit Site Evaluation and System Specifications for the subject property FISCAL IMPACT: Associated costs of staff time responding to the numerous AIMS issues, telephone inquiries and letters sent previously by Mr. Selck regarding this issue. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners concur with staffs position that Building Permit No. 2005080737 was issued properly and done so within the parameters as defined in the Florida Building Code and the Collier County Land Development Code, and that the Board recognize that staff, through its existing inspection and construction site approval program, will verify that the site is properly graded and sloped to ensure that all incremental stormwater runoff created by construction of the single family home is controlled as mandated by Code to ensure that no additional runoff is displaced onto the adjacent properties. PREPARED BY: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division Agenda Item No. 106 January 24.2006 Pape 4 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: JOB Item Summary: Report tc the Board of County Commissioners ui response to a Public Petition by Mr Thomas E. Selck regarding the issuing of Bunging Per.!! No 2005080737 for the construction of a single family home located at 3560 21 st Avenue SVV, Golden Gate Estates. (Joseph K. Schmitt, Community Development and Enwronmental Services Administrator) Meeting Date: 1/24/2006 9 -.00 00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 1212912005 10:19 AM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development & 713/2006 7:48 AM Environmental Services Environmental Services Admin. Approved By Sandra Lea Executive Secretary Date Community Development & C.orn.m ty Development & 1/3!2006 2:68 PM Environmental Services Environmental Services Admin, Approved By OMB Coordinator Adrin— trative Assistant Date County Manager's Office Office of Management & Budget 119/2006 3'48 PM Approved By Mark Isackson emi l Analyst Date County Manager's Office Office of Management& Budget 1/4/200610:42 AM Approved By Michael Smykowskf Managemeiri & Budget Director Date County Manager's Office Office of Management & Budget 1111/2006 4:46 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11212006 7:13 PM Comrmssim ers . - > 7how 6 SA& 3510 21` Mom Soudnve g Naples, R 34117 2"WOO M �wdk rrdOW6wtaw September 7; 2005 Mr. Bill Hammond, Director Collier County Building Review & Permitting 2900 North Horseshoe Drive Naples, Florida 34104 Re: Permit No. 20050®0737, 3560 21" Ave. SW Dear Mr. Hammond: Agenda Item No. 10B January 24, 2006 Page 5 of 25 1 am the abutting property owner to the out of the above referenced property. Mrs. Shawn Thomke abuts the property to the west, but I do not speak for her in any way. I respectfully request that issuance of a building permit for development of this property be postponed until the issues listed herein can be resolved in writing and a new site plan be approved. Attached is a copy of the applicant's site plan. First, the location of the potable well on my property is 107 fed from the property corner, not the 117 feet shown on the applicaanes site plan. This materially changes the size and Iocation of the septic field. Second, the code controlling septic field. design generally defines a "septic field" as including the septic tank, piping, and the mound. This is dearly shown on the applicant's site plan. The code also states that a septic field can be no closer than 75 feet to a potable well. I hope your staff is-no interpreting the code differently than it reads. Third, the septic field is proposed on the west property line. Here are the problems with this location: I. The sheer size of the septic field (being 60% of the property width, will create a dam and inhibit the flow of ground water to the road. 2. Water will drain directly onto Mrs. Thomke's property which is a violation of county development codes. This flow will be from septic effluent in wet times since this water flow cannot be contained on the subject property. There should be a swale along the west edge of the septic field. 3. Water and possibly sewage effluent will flow onto my property in times of heavy rain since about 60% of the width of the subject property is restricted. This is poor site planning and design. Fourth, no site engineering has been done to assure that the drainage from the subject site will not flow on to my property or that of Mrs. Thomke. No drainage swales are shown at the sides of the proposed house which almost fills the site. Again, this is poor site planning and design. i . . + Mr. Bill Hammond September 7, 2005 page TWO Agenda Item No. 10B January 24, 2006 Page 6 of 25 Fifth, the plans do not show a holding/distribution tank at the head of the septic field as is required to handle the sewage flow for the ejection pump's force main. Sixth, when the ejection pump fails, and it will fail at some point, raw sewage will be discharged onto the ground and virtually on the west property line. The subject site is 75 feet wide by 660 feet deep. There is ample room on this property to construct the home and locate the septic field to the rear where it will affect no wells and present no health or safety issues. It is well known that the 75 foot radius limit is inadequate from a health/saMety standpoint. Given that this septic system invades the radius of my well and compromises my health, I urge you to not allow developer economics to prevail over health matters. Here's what I ask you to do: 1. Require the applicant to switch the septic system to the rear of the site. This will only add a few feet to the Schedule 40 PVC pipe. If centered in the property it will remove the septic system from Mrs. Thomke's pn4wrty line. It will also improve the streetscape where no septic field is on the street. 2. The applicant's well can easily be placed in the front of the site. 3. Require a dunnage plan to assure dis t ground water from development of this site stays on site where it is required to be. I respectfully submit that the foregoing solution is fair, equitable and reasonable under the circumstances. Respectfully, Thomas E. Selck enclosure: Applicant's Site Plan copy: Mrs. Sharon Thontke Thomas L Selck 3510 Z1" Avenue Southwest Naples, FL 34117 234.&49.6477 c mail: tse1ck a**11a n.com October 3, 2005 Mr. Bill Hammond, Director Collier County Building Review & Permitting 2800 North Horseshoe Drive Naples, Florida 34104 Re: Permit No. 2005080737, 3560 21' Ave. SW Dear Mr. Hammond: Agenda Item No. 10B January 24, 2006 Page 7 of 25 By this letter I am formally requesting that you temporarily suspend the above permit, which your department issued on September 29' until the cogent issues raised in my letter to you of September 7" are resolved. Specifically, my complaints over the issuance of this permit are as follows: 1) The project does not meet County Code requirements for drainage. 2) The project does not meet Health Department Code distance requirements for separation of the project septic drainage field from my well point. If constructed in accordance with the permit plans, the development will force water on to my property and the property of Mrs. Sharon Thorrke to the west. The properties south of 21' Avenue SW drain to the south. The proposed project will block the groundwater flow and divert in on adjacent properties. This is in direct violation of the County Land Development Code and it is a violation of my property rights. The Health Department Code definition of a septic field includes the berm as well _as_ the __ piping. The code further says that a septic field shall be no nearer than 75' to a potable water well point. The proposed development's septic field is closer than 75' to my well point. Moreover, this well field is on the west property line with the septic field toe of slope on the property line with Mrs. Thomke. The developer has reasonable remedies and opportunities to correct these code violations on a site that is 660' deep. The use of stem walls (in lieu of mono footings) and drainage swales in the side yards can direct the around water flow provided the site is properly engineered for drainage by a licensed civil engineer. This has not been done by the developer. Agenda Item No. 10B January 24, 2006 Page 8 of 25 Mr. Bill Hammond October 3, 2005 page TWO Mr. Hammond, I am very disappointed that your department issued this permit without acknowledging my legitimate concerns in any manner whatsoever. I am stunned to learn that there is no appeal to your department's development approval short of legal action. Most laws have appeals procedures whereby such disputes can be timely resolved without the necessity of legal action. As a licensed architect and the abutting property owner I respectfully request that be directly involved in the resolution of this. The site plan for this project simply does not work. It is bad planning and worse engineering. The plan needs to be corrected to conform to the applicable County codes for the protection of my health, safely and welfare. Mr. Hammond, I sincerely hope that you will take the high road on this and suspend development until this matter can be resolved. Respectfully, Thomas E. Selcl: copy: Hon. Jim Coletta, Commissioner Mrs. Sharon Thomke Untitled Agency Issue Management System Agenda Ileffviit.akh January 24; 2006 Page 9 of 25 Register a Document to Issue Number 1678 Source File (Click the BROWSE button to locate the document you want to register, then Click Register.): Browse... Registe Registered documents: 3560 Hammond 1 lttr.pdf 3560 Hammond 2 lttr.pdf FW 3560 21st Av Sw -Selck 101705.htm http: / /cww2 /aitns/Entry.cfm ?op= action &mode = doit &LastlncNum =1678 10/18/2005 The Issue: From: Tom Selck [maiIto:tomselck @swfla.rr.com] Sent: Monday, October 03, 2005 5:10 PM To: Colettalim Subject: 3650 21st Ave SW Location: Street: at { Suspense Date: 10/21/2005 Issue Category: JPermits 7 Ed. it_ Master Client Information:_ Tom Selck Primary Address: Naples FL Phone(s): 649.7788 Email Addresses: tselck @swfla.rr.com r District 1 r District 2 i District 3 r District 4 F District 5 r- ALL Districts f Save Make Duplicate I Seleci Client Staff Comment I Re- Refer Close , ConstitMsg Register a Document to Issue Number 1678 Source File (Click the BROWSE button to locate the document you want to register, then Click Register.): Browse... Registe Registered documents: 3560 Hammond 1 lttr.pdf 3560 Hammond 2 lttr.pdf FW 3560 21st Av Sw -Selck 101705.htm http: / /cww2 /aitns/Entry.cfm ?op= action &mode = doit &LastlncNum =1678 10/18/2005 AIMS History t �._ Action History for Incident Number 1678 Currently responsible: TomKuck @Colliergov.net of Engineering Current Suspense Date: Oct 21, 2005 CLIENT/REQUESTOR: Tom Selck , , Naples FL Phone: 649.7788 Email:tselck @swtla.rr.com (District: 5) Back to Intake/Entry Form , Agenda P eQ. January 24; 2006 Page 10 of 25 Opened Issue on: Oct/ 14/2005 at 08:31:00 By: NancyRoslak @colliergov.net of Commissioners Office The Issue: From: Tom Selck [maiito:tomselckoswfla.rr.com] Sent: Monday, October 03, 2005 5:10 PM To: Coletta3im Subject: 3650 21st Ave SW Dear aim: This is turning into a mess and is a worry for me. This little lot next door, though now illegal in size, is being developed to the point where it will divert water to flood my property, the property on the other side, and may possibly pollute my well. I hope that this slipped through Bill Hammond's department with the last minute crush of plan submittal because I can't believe that my 9/7 letter would have been ignored completely. But this seems to be the case. The best thing to do is stop things until this can be resolved. This way no one is hurt. Construction has not started. I would appreciate your support on this. Thanks and I like the work you are doing. Tom Selck 239.649.7788 tselck@swfla.rr.com This Issue has NOT been CLOSED Chronology of events from latest to earliest: Referral on: Oct /14/2005 at 09:34:00 By: Connie3ohnson@colliergov.net of CDES To: TomKuckOColliergov. net of Engineering, with message as follows: Tom, this looks like an issue for your staff. Please see the constituent's comment about speaking with Bill Hammond. Your staff may want to contact him first. Thanks, Connie Staff Email message on: Oct/14/2005 at 08:48:00 From: NancyRosiak @colliergov.net of Commissioners Office To: Multiple Addressees, with message as follows: Staff Comment: From: Coletta3im Sent: Friday, October 14, 2005 8:47 AM To: 'tomselck@swfla.rr.com' Subject: FW: 3650 21st Ave SW /AIMS 1678 Mr. Selck: Thank you for your correspondence relating to the permit for the lot next door: Permit No. 2005080737, 3560 21st Ave. SW. I'm sorry to hear about all your concerns and to get you some answers, I have taken the liberty of entering this matter into our Agency Issue Management System and it Is now known as AIMS 1678. There was http : / /cww2 /aims/history.cf n ?incnum7-1678 &CID= 10/18/2005 AIMS History agenda ► eaa ,,2 o, January 24, 2006 Page 11 of 25 nothing on two of your attachments: those being ATT60603777.htm (222 B) and ATT60603778.htm (285 B) when I opened the attachments. If these are relevant to this matter, would you be so kind as to resend them to me so I can attach them to that AIMS issue? Staff has 5 working days to respond and I thank you for your patience, as together we await their response. Jim Coletta, Commissioner, District 5 Staff Email message on: Oct/14/2005 at 08:48:00 From: NancyRosiak @coliiergov.net of Commissioners Office To: Multiple Addressees, with CC addressees: JimColetta, with message as follows: Staff Comment: Referral on: Oct /14/2005 at 08:41:00 By: NancyRosiak @coliiergov.net of Commissioners Office To: Connie3ohnson @Colliergov.net of CDES , with CC addressees: sandralea ,3imColetta,EduardoGramstges, with message as follows: Please have the appropriate staff investigate Mr. Selck's concerns regarding drainage and septic drainage for Permit No. 2005080737 - 3560 21st Ave. SW. -site plan. He is concerned about the project not meeting County Code requirements for drainage and the Health Department's Code for distance requirements for separation of the project's septic drainage field from his well point. He has been corresponding with Mr. Bill Hammond, in Review and Permitting about this Issue, but he is concerned because he has yet to receive a reply from him concerning his concerns as of October 3, 2005. Back to Intake/Ent y Fomn http : / /cww2 /aims/history.cfm ?incnum =1678 &CID= 10/18/2005 johnson_c Agenda Item No. 10B January 24, 2006 Page 12 of 25 From: chrzanowski_s Sent: Monday, October 17, 2005 7:59 AM To: HammondBill; johnson_c Cc: rosiak_n; GramatgesEduardo; burgeson_b; SchmittJoseph; nobles—d; kuck_t; VanLengen"s Subject: RE: issue 1678, Selck Bill... we didn't do anything wrong here. This is exactly how all Golden Gate homes get permitted. This is also the same reaction we get whenever someone's view of trees is eliminated. Get used to it because when Golden Gate Estates is built out, major portions of the eastern Estates will look like Golden Gate City with big back yards. At least in G.G. City, the lots are 80 ft wide instead of 75 ft like many Estates lots. I hope the "East of 951 Horizon Study" hurries up. Stan - - - -- Original Message---- - From: HammondBill Sent: Sunday, October 16, 2005 To: chrzanowski s; johnson c Cc: rosiak n; GramatgesEduardo; Subject: RE: Issue 1678, Selck Thanks, Stan. 10:49 PM burgeson_b; SchmittJoseph; nobles—d; kuck_t If we have some ambiguous policies regarding issuance of permits in cases like this then we should be prepared to discuss. I admit I'm not very articulate on these issues. This '_s at the BCC level already, and will probably get to be a lot more fun before it's over. Bill H. - - - -- Original Message---- - From: chrzanowski_s Sent: Friday, October 14, 2005 To: HammondBill; johnson_c Cc: rosiak_n; GramatgesEduardo; kuck_t Subject: RE: Issue 1678, Selck 11:41 AM burgeson b; SchmittJoseph; nobles d; Bill... I'll have Bob Stringer check with Ed Gilman on well and drainfield separation. Thanks. - - - -- Original Message---- - From: HammondBill Sent: Friday, October 14, 2005 To: chrzanowski_s; johnson_c Cc: rosiak_n; GramatgesEduardo; kuck_t Subject: RE: Issue 1678, Selck Connie, 11:37 AM burgeson_b; SchmittJoseph; nobles—d; I sent a letter to Mr. Selck telling him the permit was legally issued, I copied Joe and ._Tom K. on the letter. Mr. Selck is adamantly oppsed to the construction next door and is eying all means to derail the permit. He has even called Environmental and told them _here are gopher tortoiess on the site and even though Enviromental says this is not the type of area gopher tortoises normally habitate the builder now has to get a survey from a biologist and the permit is on inspection hold. I am convinced this gentleman will 1 Agenda Item No. 10B ` 4 January 24, 2006 continue to try to every means to stop the permit even though it has been lega°1s��^�, Bill H. - - - -- Original Message---- - From: chrzanowski s Sent: Friday, October 14, 2005 11:25 AM To: johnson c Cc: HammondBill; rosiak_n; GramatgesEduardo; burgeson b; SchmittJoseph; nobles d; kuck t Subject: RE: Issue 1678, Selck Connie: Attached are the aerial of the site and the topography of the general area, each with 3510 21st St marked on it. I assume that Mr Selck is worried about someone building a home on the 75 ft lot to his west. That's a common condition in the Estates. We allow a homeowner to clear an acre of his property (but possibly not fill if DEP says it's wet, but I don't see any red lots in this area on the J.D. map). On a 75 ft lot that's an acre he can clear out of 1.14 acres or 88% of the lot (basically the whole lot except a 4.5 ft strip along each side). To build a 60 ft wide home leaves 15 ft, or just enough room for the 2 ea. 7.5' setbacks. If the house is raised 3-or 4 ft above grade, the setbacks are all slope. We will make the new home install gutters as per code. That will stop the roof runoff from going next door, but as you can see from the topo (the color indicates elevation... water flows from red to orange to yellow to green to blue), Mr. Selck's lot is low in the back and his runoff flows toward the south. The north half of the neighboring lot always drained to the south... actually Mr. Selck's runoff appears to flow southwest across the offending neighbor's property and on to the neighbor to the south of that. Our department does not get single family home plans to review, although our inspectors will check the drainage after construction. We've often talked about making stem wall or pile construction a requirement, but it is not one yet. My opinion is that the new home probably meets our current standards and that we will probably have to make sure that the inspectors keep a real close eye on the finished drainage. Does that answer any issues? - - - -- Original Message---- - From: johnson c Sent: Friday, October 14, 2005 9:36 AM To: chrzanowski_s Subject: FW: Issue 1678, Selck Stan, Please note AIMS issue referred to your staff for review and action. Thanks, Connie - - - -- Original Message---- - From: kuck_t Sent: Friday, October 14, 2005 9:34 AM To: johnson c Subject: Out of Office AutoReply: Issue 1678, Selck I will be on vacation until October 20. During my absence please contact Stan Chrzanowski on Engineering issues and Don Nobles on Inpection Services. 2 T ° Agenda Item No. 10B January 24, 2006 Page 14 of 25 COLLIER COUNTY BUILDING REVIEW & PERMITTING DEPARTMENT 2800 North Horseshoe Drive Naples Florida 34104, phone 239 - 403 -2400 October 11, 2005 Thomas E. Selck 3510 216t Avenue SW Naples, FL 34117 Subject: Your letters dated September 7, 2005 and October 3, 2005, regarding permit number 2005080737 Dear Mr. Selck: In`ac cordance with your request, contained in the letters noted above, this Department reviewed the conditions surrounding the issuance of the permit. Additionally, I discussed the issues you raised with the Community Development and Environmental Services Division, Engineering Department and the local office of the Florida State Department of Health. The review revealed no circumstance that would have prevented the issuance of the permit, in other words the permit application contained the correct information required to issue the permit. My discussion with the Engineering Department resulted in the Department reaffirming that no certificate of occupancy would be issued on the permit until the property passes the appropriate storm water drainage inspections, regardless of the method required to achieve a successful inspection. Additionally, my discussion with the Health Department reaffirmed the Department felt confident the permit was issued in accordance with the applicable regulations. Mr. Selck, you note that you are dismayed that no appeal process exists to address concerns raised regarding the issuance of a permit. The permit process is not a public affair, there are no requirements for public notice. By this I mean the law does not require any parties be notified that a permit application has been made. An -- -- app ion nneOonTy safrsfy t� �eguiremen s of FTon a ur din�ode and any applicable land use and zoning regulations. When a concern regarding a permit application is raised the process that occurs is the same process I have followed for you, we investigate the conditions of the issuance of the permit. If a permit has been issued in error the law requires that permit be revoked, if no error exists the permit remains valid. If you have any questions or need any further information regarding this matter please contact our office at 239 -403 -2401. Sincerely, Bill nd, Director if Buiiding Review and Permitting cc: file permit file Agenda Item No. 10B January 24, 2006 Page 15 of 25. Joseph Schmitt, Administrator, Community Development and Environmental Services Tom Kuck, Director Engineering Department Ken Rech, Department of Health Steven Griffin, Assistant County Attorney Supervisors, Building review and Permitting Agenda Item No. 10B January 24, 2006 Page 16 of 25 Thomas E. Seldc 3510 210 Avenue Southwest Naples, FL 34117 239.69."" e -mail: tselck@swfla.rr.mm October 14, 2005 Mr. Bill Hammond, Director Collier County Building Review & Permitting 2800 North Horseshoe Drive Naples, Florida 34104 Re: Your October 11`h Answer to my letters of September 7' and October 3' Dear Mr. Hammond: Thank you for your letter. I continue to disagree with your staffs findings and I respectfully request a prompt meeting to resolve this matter with you and the people who received your letter (primarily you and Messrs. Kuck and Rech). A time of 45 minutes should work. At this meeting I am prepared to prove the following: 1) The application does not meet the requirements of the Florida Building Code. 2) The application does not meet the requirements of applicable County codes. 3) The application contains conflicts between the structural and architectural plans. 4) The septic field, as defined by the code, is closer than 75' to my well head. 5) The project, if built as approved, will without any question drain water on my property. I am quite serious about protecting my health and property rights. I will appear before the Board of County Commissioners at the next meeting where I will prove the five points listed above. My hope is to resolve this matter amicably. There are reasonable and simple remedies open to the applicant to correct these matters before construction commences. After construction starts there is no reasonable remedy to correct the drainage problem. I have retained counsel in this matter. Accordingly, I would appreciate having you provide me with several dates and times so that my attorney can attend. I will respond promptly. Again, I ask that this meeting be scheduled prior to the next Commission meeting. I am unable to meet next Tuesday (10/18/05). Agenda Item No. 10B January 24, 2006 Page 17 of 25 Mr. Hammond October 14, 2005 page TWO I again respectfully request that a temporary hold be placed on a construction start for this development until these issues are aired and resolved. I look forward to hearing from you promptly. Respectfully, Thomas E. Selck copy: Hon. 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Selck 3510 21 n Avenue SW Naples, FL 34117 Re: Public Petition Request to Discuss Building Permit No. 2005080737, 3560 210t Avenue SW Dear Mr. Selck: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 25, 2005, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. rely, ;James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney . Joseph Schmitt, Administrator, C.D.&E.S. C3 O t 4� a T C; „�rs- Agenda Item No. 10B MRC*1': Farg i s & Sa l ck Architects FAX NO. :239-649-5959 Oct. 11 2005 11: ��` 2006 g1 of 25 Request to %" under Public Petition Name: Thomas E. Selcc Address: 3510 21`0 Avenue SW Phone: 649 -7788 Dais of ft,BgW lWntlna you wish to sneak: next meeting (10125) General Subject: A building permit (2005080737) w= issued for an abutting property. I believe that the proposed development is in violation of County and State Code requirements in at least two respects, both of which adversely affect my property and public health rights. Twenty -two days be*we the issuance of the building permit, I reviewed the applic arWa plans and wrote to Mr. Big Hammond cWng my cogent objects = to the plan. My letter was not answered and the Permit was issued without addressing any of my concerns. I was subsequently unable to work these manners out with the Building Department and therefore am appeefing to the Commission for resolution assistance. Copies of pertinent correspondence are attached. I am requesting the Commission to: 1) listen to my presentation of the matters, 2) place a temporary hold on this development until the matters can be resolved, and 3) direct the Building department to promptly address these matters in the sunshine and to involve me in the resolution process as an advensely affected Pant- r A/ ran 4 a Aa.. e..M3..., COLLIER COUNTY Agenda Item No. 10B BOARD OF COUNTY COMMISSIONERS January 24, 2006 Page 22 of 25 PERMIT IZT #: 2005080737 PERMIT TYPE: BR2 VALID #: 737 15SUED: 09 -29 -05 APPLIED DATE: 08 -05 -05 APPROVAL DATE: 09 -29 -05 MASTER #: 2005080737 COA #: 05 -2316 JOB ADDRESS: 3560 21ST AVE SW JOB DESCRIPTION: SF CBS 1 STY 200 AMPS W/ SHUTTERS JOB PHONE: (239)352 -6610 SUBDIVISION #: 716 - Golden Gate Estates Unit 28 BLOCK: 65 LOT: 2 FLOOD MAP: 0425 ZONE: X ELEVATION: FOLIO #: 0000038046040009 SECTION - TOWNSHIP -RANGE 26 49 26 OWNER INFORMATION: WATERWAYS JOINT VENTURE IV 15122 SUMMIT PL CIR NAPLES, FL 0 341190000 FCC CODE: 101 - R /SINGLE CONSTRUCTION CODE: RE16 / JOB VALUE: 185,000.00 CONTRACTOR INFORMATION: WATERWAYS JOINT VENTURE 14627 COLLIER BLVD. NAPLES, FL 34119- CERTIFICATE #: 20644 FAMILY DETACHED CBS /RES 2003 - TYPE V - UNPROTECTED TOTAL SOFT: 2,916 PHONE: (239)352 -6610 ETBACKS FRONT: 75.00 REAP.: 75.00 LEFT: 7 .50 F.IGH_': . J zc S EWER: SEPTIC SEPTIC N WATER: WELL WEL1, 14 ---'"ACT NAME: BRIAN ACT PHONE: (239) 352 -661'0 Per Collier County Ordinance No. 2002 -01, as it maybe amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This pemtit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a Iicensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. XOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL 4ND STATE LAWS REQUIRE THE PERNIITTEE,_(EITHER T$ QWNER_O.R.CONTRACTOR).TO SUBAUT A.NOTI.CE OF _ THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332 -6975. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in :he public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR ,ENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 APPFCATION FOR: Now system Repair APPLICANT AGENT: Agenda Item No. 10B January 24, 2006 Page 23 of 25 STATE OF FLORIDA PERMIT if DEPARTMENT OF HEALTH DATE PAID ONSITE SEWAGE DISPOSAL SYSTEM FEE PAID APPLICATION FOR CONSTRUCTION PERMIT RECEIPT Authority: Chapter 381, FS & Chapter IOD-6, FAC Existing System Holding Tank Temporary/Experimental Abandonment Other(Specify) (-V 1� Ize k W 1141 1 �11 --)A , � I -T V (' tJ ( [A ILC, I V MAILING ADDRESS: ► = I •v.% d_- I L �l (-N , A�__i r-, TELEPHONE: 352-&I.J.0 ----------------- : ---- - TO BE COMPLETED BY APPLICANT OR APPLICANT'S AUTHORIZED AGENT. ATTACH BUILDING PIAN AND TO-SCALE SITE PLAN SHOWING PERTINENT FEATURES REQUIRED BY CHAPTER 1OD-6, FLORIDA ADMINISTRATIVE CODE. ------ — ------ — --------- — ��= --- PROPERTY INFORMATION (IF LOT IS NOT IN A RECORDED SUBDIVISION, ATTACH LEGAL DESCRIPTION OR DEED) LOT: BLOCK: SUBDIVISION: r DATE OF SUBDIVISION: PROPERTY ID 1: (Section/Township/Range/Parcel No. I ZONING: PROPERTY SIZE: ACRES [Sqft/43560] PROPERTY WATER SUPPLY: PRIVATE PUBLIC PROPERTY STREET ADDRESS: . 35(,o _2' S} 11,pejox, S. DIRECTIONS TO PROPERTY: BUILDING INFORMATION I WRESIDENTIAL Unit Type of No. of No Establishment Bedrooms 3 3 4 [ ] COMMERCIAL Building I Persons Business Activity Area Soft Served For Commercial Only Garbage Grinders /Disposals I Sp Hot Tubs Floor/Equipment Dra Ultra-low Volume Fl es (SPP01fr) APPI-ICAL"X•S SIGNATURE: Aaenda I em No. 10B STATE OP PLORI� iu ry 24 9 aseaRT 9f, or Ingarms X00 5& iM X22 g 2r 7 OSSITB SEA DISPOSAL SYSTHK SITS EVAiIAITIOM AMD SYSTEM SPECIPICATIo= wBPLiCA1lTi i Vf �Y �� V&) LOT: SUBDIVISIO�is ��' %S TIC. A C.t (, S PROPERTY ID Ids 32)E)4604 0mg [Section /Tcwmchip /Rmwe /Parcel so. or Tax ID Numbe: TO BE COMMETED BY EMGIHEER, xmar ma UNIT EMPLOZEE, OR OMR QDALlr= PERSM. EMGINEM • S DWI P80VZDE REGISTRATION NUMBER AHD SIGN MM SEAL EACS $AGE OF SOBMI?TAL. COlw%X= ALL ITEMS. PROPERTY SIZE CONFORMS TO SITE PIRA: TES [ j no HET p5A81 ,]► AVAIIABLB: A 14 ACRE TOTAL ESTIMATED SEWAGE FLOW: v c, GALL40KS PER DAY :MQ:S� 1 / OTHER -TARES 2 AUTHORIZED SEWAGE FLAW: 9 � QALI,ONS PER DAY ;500 RIPD ACRE 2500 GPD /ACRE) ACTED AREA AVAJJCMiE: " C SQFT``/�� rLAiiOBSTBQCTgD AREA REQUIRED: BRSAM�P== LOCATION: (' C' ELEVATION of PROPOSED SYSTEM[ SITE IS _/0 - /FTj [ ! N IM CE poiN THE MINIMUM SETBACK WHICH CAN BE MAINTAINED F M THE PROPOSED SYSTEM TO THE FOLLOWIWG FEATURES. SURFACE WATERS N PT DITCSES/ss —p FT NORMALLY MET? [ j YES 41' WELLS: PUBLICS FT LIMITED USE: N FT PRIVATE: -7 F FT MM- POTABLE: YA F. sunmIHG FOUNDATION : _ 5" FT PROPERTY LINES: _ /16 PT Pozu= WATER LINES: p. SITS susjz= To FxzQu=T FLownw: t j YES [ no 10 YEAR FLOODING? [ ' YES [y4__1HE — YEAR FLOOD ELEVATION FOR SITE: j-- -- FT KM /AGVD SITE ELEVATION: FT IBS% /NC,:41 SOIL PRoFILB INF'ORHATION SITE I SOIL. PROMS INFORAATIOH SITE Z Muase 10 0/color Texture Depth ! -cK:2 c y 1' 0. to y-L to 0".9 G/ v o / YL "' to S y. to _ to to to to _ � to USDA SOIL SERIES:��/ WZ - U )�e pbmsclL JE color Texture Death O to 9,e to I b % -�j' Ct� , cr to J7 to to to to to to USDA SOIL SERIES: OBSERVED WATER TJLB .E: INCHES [ABOVE % ESIsTIHG cRazz. TYPE PER / $RT� �BPP E� BSTII40MED WET SEASON WATER ELEVATION: INCHES [ ABOVE EZI IHfi GRADE. HIGB idAT£R TABLE VEGETATION: [RYES [ j No MoTTI.Ititi: [ j YES [ 3+to nEe?Bs yNC.BEs SOIL /LOADING RATE FOR SYSTEM SIZING: 6'S DEPTH OF EXCAVATION: fV A LNCSES DRIIMFIELD COMPIGURATIOH: [ ] TRENCH t /j BSD [ j Omm (SPECIF -) REMARKS /ADDrTIORAL CRITERIA: ._e, lA e r4—_,11, ATE EVAL.UATSD BY: DATE JaB. m*l114SA, i>_E. aoM :one (i«w.«e HF041 Fwm pots (P.Qe a► wHeU war d. ...a1 \ ' _ Rc d¢ #223M DA'Z`E Agenda Item No. 10B January 24, 2006 Page 25 of 25 Thomas E. Selck 3510 21" Avenue Southwest Naples, FL 34117 239.649.6477 e -mail: 6ekk@svAa. rt.mm January 4, 2006 Collier County Board Of Commissioners Re: Joseph K. Schmidt executive Summary re: Permit Number 2005080737, 3560 21st Avenue SW, Waterways Joint Venture IV Honorable Commissioners: I have met with Richard Davenport, President of Waterways Homes, the developer, and read Mr. Schmidt's summary of the events. I am comforted by the statements made in Mr. Schmidt's Recommendation. One of two things will now happen: 1. The properties immediately abutting 3650 21s' Avenue SW will not flood where there has not been prior flooding; or, 2. The properties immediately abutting 3650 21' Avenue SW will flood where there has not been prior flooding in which case the County will compel corrective action. 1 honestly believe that your staff is correct —the development of 75' wide Estate lots is detrimental to adjacent development since the flooding of adjacent property is inevitable. It seems to me that any development of these lawful, but substandard non- conforming lots ought to receive close scrutiny. The Florida Statutes charges political jurisdictions with preserving and protecting the health, safety and welfare of the population. Your staff has told you that a flooding problem such as 1 have raised exists in the Estates, and I believe that you are duty bound to correct it. In Naples, for example, stem walls are required, and this should certainly be the case in the Estates for substandard lots. accept Mr. Schmidt's Summary Report, except for the foundation paragraph, and 1 thank you and your staff sincerely for listening to my position. 1 urge you to take the high road and prohibit developers of substandard lots from a total interruption of the groundwater flow by requiring stem wall and Swale construction. This is the right thing to do. Respectfully, —*AV- Agenda Item No. 10C January 24, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve the Courthouse renovations for additional courtrooms, Judges Chambers and additional Judges parking with Kraft Construction under contract number 04 -3576, "Construction Manager at Risk Services for Courthouse Annex and Parking Garage." Project budget is $3,034,000.00 OBJECTIVE: To obtain board approval to add Courthouse renovations with Kraft construction under contract number 04 -3576. CONSIDERATION: The Legislature of the State of Florida passed HB 41B and SB 14B on December 8, 2005 adding four Judges to the 20"' Judicial Circuit of Florida. The 20a` Circuit consists of five Counties; Collier, Lee, Charlotte, Hendry and Glades. Collier County will be allocated one new Circuit Judge and two new County Judges starting in 2006. Spillis Candela DMJM is the architectural firm for the renovations and is in the process of completing the construction documents. The Courthouse renovations are scheduled to start in March 2006 and must be completed by October 1, 2006. The renovation work will be completed nights and weekends to minimize impact on the courts. Kraft Construction is currently under a construction management at risk contract for the Annex Parking Garage and Courthouse Annex project. Between the two projects the existing Courthouse is essentially surrounded on three sides with construction making access to the building very difficult. Under the County's purchasing policy and under Section 255 F.S., projects of this magnitude are typically procured through formal competition. Accordingly, Facilities Management held a meeting on November 30, 2005 with potential bidders to discuss the renovation project. In this meeting, the prospective bidders expressed concerns about the lack of an independent staging area, mobilization area and the limited working hours for the project. They stated that in light of these considerations, they would not be able to bid on the renovations work. Therefore, staff recommends that the renovation work for the Courthouse be procured through the issuance of a change order to the existing agreement for the Annex Parking Garage and Courthouse Annex work. The renovation work will be bid out by the Construction Manager in accordance with the existing contract. The Guaranteed Maximum Price for the project will be presented to the Board in March 2006. Both the County's purchasing policy and Florida law give the Board of County Commissioners broad latitude to approve changes to contracts. The Board is also authorized under the purchasing policy (Section V.A.3) and Florida law (Section 255.20, F.S.) to waive the requirement for formal competition where in the best interests of the County to do so. Under Section 255.20 F.S., the Board may waive formal competition by a two - thirds vote in a public meeting provided that each of the following occurs: Agenda Item No. 10C January 24, 2006 Page 2of7 o Notice of the public meeting was published at least 14 days prior to the public meeting; and o The Board finds that there is one appropriately licensed contractor who is uniquely qualified to undertake the project because that contractor is currently under contract to perform work that is affiliated with the project; and o The architect of record has provided a written recommendation that the project be awarded to the contractor without competition; and o The justification for the recommendation is presented to the Board prior to the Board's approval of the recommended action. With regard to each of the aforementioned items, notice of the meeting has been properly advertised; the architect of record has submitted the referenced recommendation (enclosed) and justification for this recommendation has been provided within this executive summary. With a two - thirds approval of this agenda item by the Board, all of the statutory requirements will have been satisfied. FISCAL IMPACT: Funding in the amount of $3,034,000 is available in fund 301 Courthouse repairs (project number 52004). The source of the funding is ad valorem taxes. GROWTH MANAGEMENT: There is no impact on the County's long -range planning effort. RECOMMENDATION: That the Board of County Commissioners waive formal competition under Section V.A.3 of the purchasing policy and Section 255.20, F.S. and approves the addition of the Courthouse renovations with Kraft Construction under contract number 04 -3576. PREPARED BY: Peter S. Hayden, P.E., Senior Project Manager Department of Facilities Management Spillis Candela DMJM 800 Douglas Entrance, North Tower, 2nd Floor, Coral Gables, Florida 33134 1305444.4691 F305. 447.3580 wwwspilliscandeladmlm.com January 6, 2006 Mr. Peter Hayden, P.E. Senior Project Manager Department of Facilities Management Collier County Government 3301 Tamiami Trail East, Building W Naples, Florida 34112 Agenda Item No. 10C SPILLIS CANU 3 "T JM Peter J. Spillis, AIA Hilano F. Candela, FAIA Julio Grabiel, AIA Guillermo Carreras, AIA Donald Dwore, FAIA Dean K. Newberry, IIDA Jesus Cruz, AIA RE.: Collier County Courthouse — Fourth Floor Renovations Spillis Candela DMJM Project No. 60002644 Dear Peter: Deborah S. Klem Michael Kerwin, AIA Paul Reinarman W. Ronald hunt, PE Jorge Iglesias, AIA Enrique J. Macia, AIA Sandy O'Neil Spillis Candela DMJM recommends that the renovation project to construct two new courtrooms and judges chambers to the fourth floor of the existing Collier County Courthouse be awarded to the Annex Building contractor (Kraft Construction) in order to meet the required construction schedule. It is mandated by the State of Florida that this space be provided for the two new judges who are scheduled to be assigned this October, which leaves only nine months in which to secure a building permit and complete the construction. Given the current overloaded climate within the construction industry it would be very difficult to find qualified contractors to bid on the project because of its extremely short schedule, small size and the requirement that the work be performed at night and on weekends to avoid interruptions in the daily court operations. The scope of the project is to demolish existing office space on the south half of the fourth floor and construct two new courtrooms and judges chambers replicating those recently constructed by Kraft Construction on the north half of the same floor. Florida License AA 0003298 AN AECOM roniPAN% Agenda item No. 10C January 24, 2006 Page 4 of 7 Mr. Peter Hayden, P.E. Senior Project Manager Collier County Government January 6, 2,006 Page 2 of 2 Because of the familiarity Kraft Construction has with the scope as well as their ability to use the same sub - contractors and specialty trades involved in the previous courtroom work, there would virtually be no learning curve required. Kraft Construction is currently already on site for the Annex Building so there will not be any additional staging area required and also no time required to mobilize. Having a second contractor on the same site in addition to Kraft Construction, will be very difficult for site access, staging and layout areas, deliveries, worker parking, security, and general coordination. For the reasons stated above, it is our opinion that the only way to ensure the schedule is met, is to award the project to Kraft Construction. Sincerely, j ale Macia, AIA ipal DM /mac. cc.: D. McKenzie S. Berler U /Projects /Collier Cty.Courthouse /Corresp /client ouNP Hayden 01 06 0 B.doc SPILLIS CANDELA DMJM Agenda Item No. 10C January 24. 200,,, Page 5 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10C Item Summary: Recommendation to approve me Courthouse renovations for additional courtrooms, Judges Cnambers and additional Judges parking with Kraft Construction under contract number 04- 3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage. Project budget Is $1 034,00C 00 (Len Price, Administrator Administrative Services) Meeting Date: 1!24.!2006 9 00 DD AM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 1/11;200610:58 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Sarvires Admin. 1!1112006 1:40 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 141112006 2:54 PM Approved By Steve Carrell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 1/11/2006 4:00 PM Approved By OMB Coordinator Acap.m.tralive Assistant Data County Manager's Office Office of Management & Budget 1/11/2006 4:25 PM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 1/1112006 4:58 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111112006 5!06 PM ---. Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111 =006 10:00 AM Commissioners December 5, 2005 VH1VUUKblL I LAY CONSTRUCTION INC. Mr. Peter S. Hayden, P.E. Senior Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East Building W — Nap' es,Florida 34112 Re: Courthouse Renovations Dear Peter: fVLU 7 2005 FACILITIES' MGMT We regret to inform you, Vanderbilt Bay Construction, Inc. must decline providing a cost proposal on the fourth floor renovation of the courthouse. Due to stringent work hours, limited access, and an aggressive schedule, we feel that negotiating with the present contractor on the Annex would be best for all concerned. If you have any questions regarding this, please do not hesitate to call. Respectfully, - TJJect uhs P Manager Cc: Daniel Buhs 2224 TRADE CENTER WAY, NAPLES, FLORIDA 34109 PHONE 239 - 591 -0900 FAX (239) 591 -8181 FAX N0, 9927977 Agenda Itemn °No. 10C DEC -13 -2005 TUE 05:12 PM SURETY January 24, 2006 Page 7 of 7 SURETY CONSTRUCTION COMPANY December 13, 2005 Peter Hayden Collier County Fatalities Management 3301 Tamiami Tr. E. Bid. W Naples, Florida 34112 Dear Peter. Thank you for inviting Surety Constnsction to meet with you, Skip Camp, and Bob Pierce to discuss the t courtroom renovations on the fourth floor of the courthouse building L. As we mentioned in the meeting we feel this project could become very conflicting with the parking garage and courthouse annex projects you currently have going with Kraft Construction. The staging and mobilization of materials and equipment we feel would be our biggest concern and the working hours are not favorable either. We regret to say at this time the proposed project is something we would not consider, but might if you didn't already have so much going on in the same building. We do appreciate the continued opportunity to bid on county projects. Sincerely, Surety Construction Company J .T George estgate Estimator 28141 South Tamouni Trail. Sufi 100 OOC a D2807P Hvww Smnpa. FwL1a 91131 CW F 091578 T"ohone (239) 982-0030 Cac / 0916 2 FAX(M)DO -79n CGC Y 1505,.2% Agenda Item Rio. 10D January 24, 2006 Page 1 of 3 Executive Summary Recommendation to award Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services pursuant to RFP 06 -3916, in the estimated annual amount of $1,200,000. OBJECTIVE: The public purpose is to provide for scheduled and emergency instrumentation, control, telemetry, and SCADA (Supervisory Control And Data Acquisition) systems repair and installation services to be used by any County Department. This Contract will enable County Staff to procure qualified and adequate control systems installation and integration on new projects, while further enabling Staff to improve operability and maintenance on existing systems. With more instrumentation, systems control and facilities automation, Collier County is better equipped to conduct their duties and execute their responsibilities more effectively and more efficiently. County utilization of this Contract will allow Staff to continue its quality water and wastewater collections, treatment and distribution systems with provisions to our customers in a timely, safe, and reliable manner. CONSIDERATION: The County operates various water and wastewater facilities necessary to serve the customers of the County Water /Sewer District. These facilities are monitored and operated via computer controlled telemetry systems and miscellaneous electronic control devices and instruments. For the present Collier County Water and Wastewater systems — including collections, treatment, and. distribution — there are a total of • 8 integrated SCADA systems • 700+ individual Radio Telemetry Units ( "RTU's ") • 75,000+ individual control and monitoring data points More systems and components continue to be added and their complexities continue to evolve. An Annual Contract for Instrumentation, Control, Telemetry, and SCADA Integration Services is required to repair, service and provide new and replacement installations of the various system components to ensure proper operation of the Water and Wastewater Systems. RFP 06 -3916 was posted on October 19, 2005. Thirty -two (32) inquiries were sent to vendors, with twenty -two (22) full packages requested. Representatives from six (6) vendors attended a non - mandatory Pre - proposal Meeting on November 1, 2005, and nine (9) proposals were received on November 17, 2005. A Selection Committee meeting was held on December 12, 2005. Proposals were evaluated on the following criteria: Expertise of Designated Staff, Previous Performance on Similar Jobs, Range of Services, On -Call /Emergency Work, Price List, References, and Proposal Responsiveness. Agenda Item No. 10D January 24, 2006 Page 2 of 3 After review and scoring, and by consensus of the members, the following six firms have been selected and recommended for award of contract (in no particular order): American Computer Technologies Control Instrumentation, Inc. DCR Engineering Services, Inc. EMA, Inc. McKim & Creed, PA Revere Control Systems, Inc. Due to the broad spectrum of services solicited, diversity of equipment between the Water and Wastewater Departments, and the individual expertise of the vendors, Staff recommends award of contract to the six aforementioned vendors. Services will be fulfilled through solicitation and authorization of work orders. The Clerk's Finance and Accounting Division and County Purchasing Department have reviewed the information contained in this Executive Summary. FISCAL IMPACT: Expenditures will be dependent on required system repairs, maintenance, upgrades, and new installations. It is anticipated that the Water and Wastewater Departments will be the predominant users of this contract. The funding for each work order that is assigned under the approved contracts will come from each user Department. The sources of funds are Fund 412 - Water User Fees and Fund 414 — Sewer User Fees. The funds are budgeted and approved in the following operating budgets for the Water and Wastewater cost centers: North Water Facility, South Water Facility, Water Distribution, Goodland Water District, Wastewater Collections, North Reclamation Facility, South Reclamation Facility, and Pelican Bay Water Reclamation Facility. The work order agreements are also consistent with the 2006 Fiscal Year Capital Improvement Budget, as approved by the Board on September 22, 2005. GROWTH MANAGEMENT IMPACT: The anticipated work orders will be consistent with the 2003 Water and Wastewater Master Plan Updates as adopted by The Board of County Commissioners on May 25, 2004, Agenda Items 10 D and 10 C, respectively. Projects to which the work orders are assigned are consistent with and further 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, award RFP 06 -3916 to the six firms recommended herein for the Annual Contract for Instrumentation, Control, Telemetry, and SCADA Integration Services, and authorize the Chairman to execute the standard County contract after review by the County Attorney's office. PREPARED BY: Dennis McGee, P.E., Instrumentation/SCADA Manager, Public Utilities Engineering Department. Agenda /tern No 10D January 24, 2006 page; 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: IOD Item Summary: Recommendation to award Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services pursuant to RFP 06 -3916 in the estimated annual amount of $1.200,000. (Jim DeLony, Administrator, Public Utilities) Meeting Date: 11241'200613 00:00 AM Prepared By Danms hlc Gee Project Manager Date Public Utilities Public. Utilities Engineering 12/2112005 11:39:49 AM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 12'22120058:46 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 12/2212005 8:53 AM Approved By Thgmas Wide. Operations Director Data Public Utilities Public: Utilities Operations 12122'2005 2:46 PM Approved By Karen B. Guli.m, P.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 12122/2005 2:59 PM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 12/27/2005 8:59 AM Approved By Paul Manausch Water Director Date Public Utilities Water 12/27/2005 10:22 AM Approved By G. George Yilmaz Interim WasteWater Director Date Public Utilities WasteWater V512006 1:28 PM Approved By Roy S. Anderson, P.E. Public Utilities Engineering Director Date Public Utiblies Public Uldities Engineering 116/2006 3:11 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 119!2006 10:29 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1'111200610:31 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 11112006 10:41 AM Approved By Michael Smyk —ski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/12,200610;50 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1113f2006 12:09 PM Commissioners I —, Agenda Item No. 10E January 24, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award Bid Number 06 -3898 for the purchase of chemicals for use by the Water and Water Reclamation Departments in the estimated annual amount of $2,000,000. OBJECTIVE: To obtain Board of County Commissioners approval for the award of Bid Number 06 -3898, Chemicals for Utilities, to various vendors. CONSIDERATIONS: On October 21, 2005, Bid Number 06 -3898 — Chemicals for Utilities 2006, was posted. Thirty -eight bid packages were sent out, and nine bidders submitted prices on various chemicals as listed in the bid package. The Water and Water Reclamation Departments utilize chemicals to treat the water and wastewater in order to meet all State and Federal requirements. The chemicals that were to be purchased through the award of this bid include: Sodium Flurosilicate, Calcium Hypochlorite, Dewatering Polymer (Dry), Potassium Permanganate, Anhydrous Ammonia, Chlorine, 50% Sodium Hydroxide, 25% Sodium Hydroxide, Quicklime (Powder to 3/8 "), Poly- Orthophosphate — Dry and Liquid, and Carbon Dioxide. Several chemicals did not have any bidders and therefore will be rebid through an additional separate bid. Because of the need to have an uninterrupted supply of chemicals and the current volatile nature of the chemical market, it is requested to award this bid to the two lowest responsive bidders per commodity as outlined below. The low bidder will be the primary vendor and the second lowest bidder will be utilized only when the primary vendor is unable to provide the chemical requested. Chemical Primary Vendor Secondary Vendor Sodium Flurosilicate Shannon Chemical Harcros Chemicals Calcium Hypochlorite Univar USA Harcros Chemicals Dewatering Polymer (Dry) Calquest, Incorporated n/a Potassium Permanganate FS Industries Shannon Chemical Anhydrous Ammonia No bidders No bidders Chlorine Allied Universal Harcros Chemicals 50% Sodium Hydroxide Allied Universal Harcros Chemicals 25% Sodium Hydroxide Allied Universal Harcros Chemicals Quicklime (Powder to 3/8 ") Chemical Lime Canneuse Lime & Stone Poly- Orthophosphate Dry Calquest, Incorporated n/a Poly- Orthophosphate — Liquid F2 Industries Calquest Inc. Carbon Dioxide (CO2) No bidders. No bidders. Executive Summary ABA PO Page 2 Agenda Item No. 10E January 24, 2006 Page 2 of 6 FISCAL IMPACT: The actual amount to be expended will depend on consumer demands on both the water and water reclamation systems, but the cost is estimated to be in the annual amount of 52,000,000. The cost centers that will be utilizing this bid include: South County Regional Water Treatment Plant, North County Regional Water Treatment Plant, South County Regional Water Reclamation Plant, and the North County Regional Water Reclamation Plant. Funds are available in County Water /Sewer Fund (408), which is funded through user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact to the award of this bid. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio Governing Board of the Collier County Water -Sewer District, award Bid 06 -3898 Chemicals for Utilities to the various vendors as listed above. PREPARED BY: Pamela Libby — Water Operations Manager Public Utilities Water Department Agenda Item No, DOE January 24. 2006 Pace 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ICE ' Item Summary: Recommendation to award Bid Number 06 -3898 for the purchase of chemicals for use by the Water and Water Reclamation Departments in the estimated annual amount of $2,000,000. (Jim DeLony, Administrator, Public Utifilies) Meeting Date: 1!24!2006 9 00. DO AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 12128/2005 2:36 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 12/28/2005 2:44 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 12129/2005 4:19 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 12/30/2005 10:46 AM Approved By Steve Cametl Purchasing /General Svcs Director Date Administrative Services Purchasing 1/3/2006 11:25 AM Approved By Thomas Wldos Operations Director Date Public Utilities Public Utilities Operations 115120 06 10:17 AM Approved By G. George Yitmaz Interim Waste Water Director Date Public Utilities WastaWater 115(200610:21 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utiln— Public Utilities Administration 119!200610:49 AM Approved By OMB Coorcfinater Administrative Assistant Date County Manager's Office Office of Management S Budget 11111200610:32 AM Approved By Randy Greenwald Management +Budget Analyst Data County Manager's Office Office of Management & Budget 171712006 8:40 AM Approved By Michael Smykowski Management & Budget Director Date Comely Manager's Office Office of Management & Budget 1117/2006 2:14 PM Approved By James V. 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M- CL 01 M CL i < I CL 9k Agenda Item No. 1 O January 24, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve Amendment No. 1 to Contract 05 -3854 "Collier County Beach Re- nourishment" (Project 90527) with Great Lakes Dredge & Dock Company, LLC which documents contract negotiations leading up to a final contract and increases the sand quantity due to post design erosion for an additional $1,045,825. OBJECTIVE: The amendment documents changes to drawings, technical specification and the bid summary page made between Collier County and Great Lakes Dredge & Dock Company, LLC (GLDD) during negotiations leading to Contract 05 -3854 awarded by the Board of County Commissioners (BCC) on 9/13/05, Item IOM. This amendment increases the quantity of sand due to erosion from the period between preparation of the design drawing and the pre - construction survey by 39,027 cy at a cost of $1,045,825. CONSIDERATION: The BCC approved Contract 05 -3854, Collier County Beach Renourishment with GLDD on September 13, 2005, Agenda Item IOM. In order to lower the cost of the project, Staff and GLDD negotiated to reduce the Scope of Work. Negotiations reduced GLDD's contract to $18,476,312 by decreasing the quantity of sand to be placed, allowing screening of oversized materials overboard to return to the borrow area and removing beach tilling. Subsequent to reducing the Scope of Work, the pre - construction survey identified that an additional 39,027 cy of sand was required to offset erosion that occurred between the design drawing and the pre - construction survey. This erosion occurred as a result of Hurricane Wilma. This increased the cost of the project by $1,045,825 bringing the contract total to $19,522,137. The contract sand volume is compared to the post -storm volume on Attachment A to the Amendment. Staff has also added wording with regard to Safety Requirements as required by the Minerals Management Service Borrow area lease. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax Fund 195 — Project 90527. Sufficient budget exist to cover this amendment. ADVISORY COMMITTEE RECOMMENDATIONS: The CAC recommended approval of this item on January 12, 2006 with the stipulation that remobilization, if required, be between November 1, 2006 and April 30, 2007. The TDC is scheduled to review this item on January 23, 2006. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: The County Attorney has approved this amendment. "" County Purchasing has reviewed and approved this amendment. Agenda Item No. 10F January 24, 2006 Page 2 of 8 RECOMMENDATION: That the Board of County Commissioners approves Amendment No. 1 to Contract 05 -3854 "Collier County Beach Re- nourishment" and authorizes the County Manager or his designee to sign Amendment No. 1. Prepared by: Gary McAlpin, Coastal Project Manager, Tourism. Agenda Item No, 10F Janurry 24. 2006 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10P Item Summary: Recommendation to approve Amendment No 1 to Contract 05 3854 Collier County Beach Re- nourishment (Project 90527) with Great Lakes Dredge & Dock Company. LLC which documents conract negotiations leading up to a final contract and increases the sand quantity due to post design erosion for an additional $1.045.825. (Gary McAlpiq Principal Project Manager. Tourism) Meeting Date: 1124i2006 9 00 00 AM Approved By Gary McAlpm Costal Project Manager Date County Manager's Office Tourism Ill I f20064:07 PM Approved By Jack Wen Tourism Director Date County Manager's Office Tourism 1/11/2006 4:40 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 1/12/2006 10:22 AM Approved By Steve Cornell Purchasing /General Svcs Director Date Administrative Services Purchasing 1/1212006 2:Z7 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Butlget. 1112/2006 2:49 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget Vl712006 4:34 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 1!17/2006 4:42 PM Commissioners Agenda Item No. 10F January 24, 2006 Page 4 of 8 Contract Amendment #1 to Contract # 05 -3854 "Collier County Beach Renourishment" This amendment, dated , 2006 to the referenced agreement shall be by and between the parties to the original Agreement, Great Lakes Dredge & Dock Company, LLC (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as follows: The contract shall be modified as below in accordance with mutually agreed upon negotiations to decrease the cost of the project: Change: 1. Bid Drawing CS -1 to reduce the North Park Shore effective distance by one thousand six hundred seventy -four feet (1,674'). 2. Exhibit J, Technical Specifications, page J -40, paragraph 31.12. The contractor will manage sand placement by reach. Tolerances will be revised to allow a payment tolerance of +1 -0.5' between FDEP monuments. Maximum pay and placement volume not to exceed volume within the construction template. No payment will be made if 95% of the construction template by reach is not achieved. 3. Exhibit J, Technical Specifications, page J -28, paragraph 28.7, Removing Rock, Rubble or Debris in the Borrow Area, will be revised to allow rock, rubble and debris to be screened with overboard disposal back into the borrow area. 4. Exhibit J, Technical Specifications, pages J -17, paragraph 16. PAYMENT FOR BEACH TILLING AND BEACH SCARP LEVELING is to be deleted. 5. Proposal, page GC -P -2, bid item 9, Beach Tilling, is deleted. 6. Increase cubic yardage of sand an estimated 39,027 cubic yards to reflect increased quantity required due to erosion between design drawings and preconstruction survey as shown on Attachment A. Total volume of sand to be placed is estimated to be 664,421 cubic yards. The cost for the additional sand is $1,045,825. 7. Exhibit I, Supplemental Terms and Conditions, will be revised to read; If substantial completion of the project is not achieved by May 16, 2006, liquidated damages will cease and the project will be completed after November 1, with the Contractor providing all additional mobilization, demobilization, out of pocket expenses and regulatory permitting /compliance at the Contractors expense and at no additional cost to the County. Remobilization, if required, will be between November 1, 2006 and April 30, 2007. Collier County is committed to avoid remobilization and will work will all regulatory agencies and the contractor to avoid this. Add: 1. The following wording to Exhibit I, as Item 2: Page 1 of 2 Agenda Item No. 1 O January 24, 2006 Page 5of8 Safety Requirements. Contractor shall: (1) maintain all operations within the leased area in compliance with regulations, orders, guidelines, and directives intended to protect persons, property, and the environment, including mineral deposits and formations of mineral deposits not leased hereunder, and (2) allow prompt access, at the site of any operation subject to safety regulations, to any authorized Federal inspector and shall provide any documents and records that are pertinent to occupational or public health, safety, or environmental protection as may be requested. The lease is valid only if such steps are incorporated in the contract between the Contractor and the Lessee. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONTRACTOR Great Lakes Dredge & Dock Company, LLC Witness Print Name By: Title: Witness Dated: Print Name Approved as to form and Legal sufficiency: Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I- Jack Wert, Tourism Director Page 2 of 2 Agenda Item No. 10F 391 9118; Dec -5 -05 10:19; Janua�4�,gg6 r,4 A SON TO Mw-=" PROPOSAL M MUXX R{S! Wr PROJECT CONTRACT UNIT. MOD. W. POS74 rrORM VOLUME COAT. DISTANCE VOLUMP 96,337 s24M 7,081 121,701 59,012 23.706 132,491 31 049 627.41 WAS !122.83 528.33 6,067 2,747 Q.83d 16,408 $7,214 27,780 112.444 345 05,4 42,021 884,421- S1 S 914 7 516.960 472 D (P=4;rORK OuANT" (Gh 39,027 I Agenda Item No. 1 O CONTRACTIWORK ORDER MODIFICATION January 24, 2006 CHECKLIST FORM Page 7 of 8 PROJECT NAME: Design County /Naples Beach Renourishment PROJECT #: 905271 BID /RFP #: 05 -3854 MOD #: 1 PO #: 4500055880 DEPARTMENT: Tourism Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 18,476,312.01 (Starting Point) $ 18,476,312.01 (Last Total Amount Approved by the BCC) $ 18,476,312.01 (Including All Changes Prior To This Modification) $ 1,045,825.00 $ 19,522,,137.01 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 19,522,137.01 Date of Last BCC Approval September 13, 2005 Agenda Item # 10M Percentage of the change over /under current contract amount 5.7% 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 (S):ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): The amendment documents changes to drawings, technical specification and the bid summary page made between Collier County and Great Lakes Dredge & Dock Company, LLC during the contract negotiations leading to Contract 05 -3854 awarded by the BCC on 9/13/05, Item 10M. It also increased the quantity of sand due to erosion for the period between preparation of the design drawing and the pre- construction survey by 39,027 cy at a cost of $1,045,825. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? In order to lower the cost of the project, Staff and GLDD negotiated to reduce the Scope of Work. Subsequent to reducing the Scope of Work, the pre- construction survey identified that an additional 39,027 cy of sand was required to offset erosion that occurred between the design drawing and the pre - construction survey. This increased the cost of the project by $1,045,825. The contract sand volume is compared to the post -storm volume on Attachment A to the Amendment. Staff also added wording with regard to safety requirements as required by the Minerals Management Service Borrow area lease. PARTIES CONTACTED REGARDING THE CHANGE: Lyn Wood, Gary McAlpin 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 Revised 4/25/2005 PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY: Date: ' ; r G'a'ry McA pin, Coastal oject Manager REVIEWED BY: Date: Lyn Wood, Contract Specialist Revised 4/25/2005 Agenda Item No. 10P January 24, 2006 Page 8 of 8 1 EXECUTIVE SUMMARY Recommendation to approve specific glitch language to the 2005 Growth Management Bill (Senate Bill 360) that addresses Collier County's concerns with concurrency and proportionate share that will be presented to the Collier County Legislative Delegation for inclusion in 2006 growth management legislation. OBJECTIVE: To approve specific glitch language that addresses Collier County's concerns with concurrency and proportionate share in the Growth Management Bill passed during the 2005 Legislative Session and direct the County Manager to transmit that approved glitch language to our state lobbyist and the Collier County Legislative Delegation for incorporation into 2006 legislation. CONSIDERATION: The Board of County Commissioners directed county staff to develop specific glitch language to provide to the Collier County Legislative Delegation by January 31, 2006. County staff identified F.S. Section 163.3180 as containing the concurrency and proportionate share areas of concern. • (2)(c) should be modified as follows - "Consistent with the public welfare, and except as otherwise provided in this section, transportation facilities needed to serve new development shall be in place or under actual construction within 3 years after the local government approves a building permit or its functional equivalent that results in traffic generation. Nothing in this section shall prohibit a local government from adopting stricter concurrency requirements, including real -time concurrency, wherein a local government need not issue a building permit or its functional equivalent under any circumstances that results in traffic generation until adequate transportation facilities are in place." • (5)(a) The Legislature finds that under limited circumstances dealing with transportation facilities, countervailing planning and public policy goals may come into conflict with the requirement that adequate public facilities and services be available concurrent with the impacts of such development. The Legislature further finds that often the unintended result of the concurrency requirement for transportation facilities is the discouragement of urban infill development and redevelopment. Such unintended results directly conflict with the goals and policies of the state comprehensive plan and the intent of this part. Therefore, exceptions from the concurrency requirement for transportation facilities may be granted as provided by this subsection. A�eKda. Jarva,i2q, f- 2 1 r7 (b) A local government may grant an exception from the concurrency requirement for transportation facilities if the proposed development is otherwise consistent with the adopted local government comprehensive plan and is a project that promotes public transportation or is located within an area designated in the comprehensive plan for: 1. Urban infill development, 2. Urban redevelopment, 3. Downtown revitalization, or 4. Urban infill and redevelopment under s. 163.2517. (c) The Legislature also finds that developments located within urban infill, urban redevelopment, existing urban service, or downtown revitalization areas or areas designated as urban infill and redevelopment areas under s. 163.2517 which pose only special part-time demands on the transportation system should be excepted from the concurrency requirement for transportation facilities. A special part-time demand is one that does not have more than 200 scheduled events during any calendar year and does not affect the 100 highest traffic volume hours. (d) If a local government grants an exception from its concurrence management system pursuant to section 163.3180(5)(b) after July 1, 2006, then a A local government shall establish guidelines in the comprehensive plan for granting the exceptions authorized in paragraphs (b) and (c) and subsections (7) and (15) which must be consistent with and support a comprehensive strategy adopted in the plan to promote the purpose of the exceptions. (e) If a local government grants an exception from its concurrence management system pursuant to section 163.3180(5)(b) after July 1, 2006, then a local government shall adopt into the plan and implement strategies to support and fund mobility within the designated exception area, including alternative modes of transportation. The plan amendment shall also demonstrate how strategies will support the purpose of the exception and how mobility within the designated exception area will be provided. In addition, the strategies must address urban design; appropriate land use mixes, including intensity and density; and network connectivity plans needed to promote urban infill, redevelopment, or downtown revitalization. The comprehensive plan amendment designating the concurrency exception area shall be accompanied by data and analysis justifying the size of the area. (16) It is the intent of the Legislature to provide a method alternatives by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. If a local government chooses to use proportionate fair -share mitigation in lieu of its existing A�j�ndla, 1�2n�. 4 t0 6 cTgnup,� 2�, Z60� concurrence management system as adopted in its comprehensive plan, then tfhe methodology used to calculate proportionate fair -share mitigation under this section shall be as provided for in subsection (12) and the following provisions would then be applicable: (a) By December 1, 2006, each local government shall adopt by ordinance a methodology for assessing proportionate fair -share mitigation options. By December 1, 2005, the Department of Transportation shall develop a model transportation concurrency management ordinance with methodologies for assessing proportionate fair -share mitigation options. (b) 1. In its transportation concurrency management system, a local government shall, by December 1, 2006, include methodologies that will be applied to calculate proportionate fair -share mitigation. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair -share mitigation if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the 5 -year schedule of capital improvements in the capital improvements element of the local plan or the long -term concurrency management system or if such contributions or payments to such facilities or segments are reflected in the 5 -year schedule of capital improvements in the next regularly scheduled update of the capital improvements element. Updates to the 5 -year capital improvements element which reflect proportionate fair -share contributions may not be found not in compliance based on ss. 1163.164(32) and 163.3177(3) if additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. (b) 2. Proportionate fair -share mitigation shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair -share mitigation is used to address the same capital infrastructure improvements contemplated by the local government's impact fee ordinance. (c) Proportionate fair -share mitigation includes, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities and may include public funds as determined by the local government. The fair market value of the proportionate fair -share mitigation shall not differ based on the form of mitigation. A local government may not require a development to pay more than its proportionate fair -share contribution regardless of the method of mitigation. (d) Nothing in this subsection shall require a local government to approve a development that is not otherwise qualified for approval pursuant to the applicable local comprehensive plan and land development regulations. A9eMa 41 lOG 3anua ��'i 2a& (e) Mitigation for development impacts to facilities on the Strategic Intermodal System made pursuant to this subsection requires the concurrence of the Department of Transportation. (f) In the event the funds in an adopted 5 -year capital improvements element are insufficient to fully fund construction of a transportation improvement required by the local government's concurrency management system, a local government and a developer may still enter into a binding proportionate -share agreement authorizing the developer to construct that amount of development on which the proportionate share is calculated if the proportionate -share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate -share component must be adopted into the 5 -year capital improvements schedule of the comprehensive plan at the next annual capital improvements element update. (g) Except as provided in subparagraph (b)l., nothing in this section shall prohibit the Department of Community Affairs from finding other portions of the capital improvements element amendments not in compliance as provided in this chapter. (h) The provisions of this subsection do not apply to a multiuse development of regional impact satisfying the requirements of subsection (12). History. - -s. 8, ch. 93 -206; s. 12, ch. 95 -341; s. 3, ch. 96 -416; s. 1, ch. 97 -253; s. 5, ch. 98 -176; s. 4, ch. 99 -378; s. 2, ch. 2002 -13; s. 6, ch. 2002 -296; s. 5, ch. 2005 -290; s. 11, ch. 2005 -291. 'Note. -- Section 163.164 does not exist; s. 163.3164(32), relating to financial feasibility, fits contextually and was created by the law that added the cross - reference. (SEE ENTIRE CONCURRENCY SB 360 DOCUMENT ATTACHED.) FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: There is growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners approves specific glitch language addressing Collier County's concerns with concurrency and proportionate share in the Growth Management Bill passed during the 2005 Legislative Session and �f-rdo- .A►N. i - I bC 7gnuar� 24, 2Hof directs the County Manager to transmit that approved glitch language to our state lobbyist and the Collier County Legislative Delegation for incorporation into 2006 legislation. Prepared by Debbie Wight, Assistant to the County Manager Agenda --am 4 I OG Item 10G Collier County staff revisions of F.S. Section 163.3180 (Concurrency) 163.3180 Concurrency. -- (1)(a) Sanitary sewer, solid waste, drainage, potable water, parks and recreation, schools, and transportation facilities, including mass transit, where applicable, are the only public facilities and services subject to the concurrency requirement on a statewide basis. Additional public facilities and services may not be made subject to concurrency on a statewide basis without appropriate study and approval by the Legislature; however, any local government may extend the concurrency requirement so that it applies to additional public facilities within its jurisdiction. (b) Local governments shall use professionally accepted techniques for measuring level of service for automobiles, bicycles, pedestrians, transit, and trucks. These techniques may be used to evaluate increased accessibility by multiple modes and reductions in vehicle miles of travel in an area or zone. The Department of Transportation shall develop methodologies to assist local governments in implementing this multimodal level -of- service analysis. The Department of Community Affairs and the Department of Transportation shall provide technical assistance to local governments in applying these methodologies. (2)(a) Consistent with public health and safety, sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place and available to serve new development no later than the issuance by the local government of a certificate of occupancy or its functional equivalent. Prior to approval of a building permit or its functional equivalent, the local government shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent. (b) Consistent with the public welfare, and except as otherwise provided in this section, parks and recreation facilities to serve new development shall be in place or under actual construction no later than 1 year after issuance by the local government of a certificate of occupancy or its functional equivalent. However, the acreage for such facilities shall be dedicated or be acquired by the local government prior to issuance by the local government of a certificate of occupancy or its functional equivalent, or funds in the amount of the developer's fair share shall be committed no later than the local government's approval to commence construction. (c) Consistent with the public welfare, and except as otherwise provided in this section, transportation facilities needed to serve new development shall be in place or under actual constriction within 3 years after the local government approves a building permit or its functional equivalent that results in traffic generation. Nothing is this section shall prohibit a local government from adopting stricter concurrence requirements including real -time concurrence wherein a local government need not issue a building permit or its functional equivalent under any circumstances that results in traffic teneration until adequate transportation facilities are in place. (3) Governmental entities that are not responsible for providing, financing, operating, or regulating public facilities needed to serve development may not establish binding level -of- service standards on governmental entities that do bear those responsibilities. This subsection does not limit the authority of any agency to recommend or make objections, recommendations, comments, or determinations during reviews conducted under s. 163.3184. (4)(a) The concurrency requirement as implemented in local comprehensive plans applies to state and other public facilities and development to the same extent that it applies to all other facilities and development, as provided by law. NerdGL __5erNL it toc- januwq 24, 24�h rl % (b) The concurrency requirement as implemented in local comprehensive plans does not apply to public transit facilities. For the purposes of this paragraph, public transit facilities include transit stations and terminals, transit station parking, park- and -ride lots, intermodal public transit connection or transfer facilities, and fixed bus, guideway, and rail stations. As used in this paragraph, the terms "terminals" and "transit facilities" do not include airports or seaports or commercial or residential development constructed in conjunction with a public transit facility. (c) The concurrency requirement, except as it relates to transportation facilities and public schools, as implemented in local government comprehensive plans, may be waived by a local government for urban infill and redevelopment areas designated pursuant to s. 163.2517 if such a waiver does not endanger public health or safety as defined by the local government in its local government comprehensive plan. The waiver shall be adopted as a plan amendment pursuant to the process set forth in s. 163.3187(3)(a). A local government may grant a concurrency exception pursuant to subsection (5) for transportation facilities located within these urban infill and redevelopment areas. (5)(a) The Legislature finds that under limited circumstances dealing with transportation facilities, countervailing planning and public policy goals may come into conflict with the requirement that adequate public facilities and services be available concurrent with the impacts of such development. The Legislature further finds that often the unintended result of the concurrency requirement for transportation facilities is the discouragement of urban infill development and redevelopment. Such unintended results directly conflict with the goals and policies of the state comprehensive plan and the intent of this part. Therefore, exceptions from the concurrency requirement for transportation facilities may be granted as provided by this subsection. (b) A local government may grant an exception from the concurrency requirement for transportation facilities if the proposed development is otherwise consistent with the adopted local government comprehensive plan and is a project that promotes public transportation or is located within an area designated in the comprehensive plan for: 1. Urban infill development, 2. Urban redevelopment, 3. Downtown revitalization, or 4. Urban infill and redevelopment under s. 163.2517. (c) The Legislature also finds that developments located within urban infill, urban redevelopment, existing urban service, or downtown revitalization areas or areas designated as urban infill and redevelopment areas under s. 163.2517 which pose only special part-time demands on the transportation system should be excepted from the concurrency requirement for transportation facilities. A special part-time demand is one that does not have more than 200 scheduled events during any calendar year and does not affect the 100 highest traffic volume hours. (d) If a local government grants an exception from its concurrency management system pursuant to section 163.3180(5)(b) after July 1, 2006, then a A local government shall establish guidelines in the comprehensive plan for granting the exceptions authorized in paragraphs (b) and (c) and subsections (7) and (15) which must be consistent with and support a comprehensive strategy adopted in the plan to promote the purpose of the exceptions. (e) If a local government grants an exception from its concurrence management system pursuant to section 163.3180(5)(b) after July 1, 2006, then tThe local government shall adopt into the plan and implement strategies to support and fund mobility within the designated exception area, including alternative modes of transportation. The plan amendment shall also demonstrate how strategies will support the purpose of the JQnwz A 2�1 26b(o exception and how mobility within the designated exception area will be provided. In addition, the strategies must address urban design; appropriate land use mixes, including intensity and density; and network connectivity plans needed to promote urban infill, redevelopment, or downtown revitalization. The comprehensive plan amendment designating the concurrency exception area shall be accompanied by data and analysis justifying the size of the area. (f) Prior to the designation of a concurrency exception area, the Department of Transportation shall be consulted by the local government to assess the impact that the proposed exception area is expected to have on the adopted level -of- service standards established for Strategic Intermodal System facilities, as defined in s. 339.64, and roadway facilities funded in accordance with s. 339.2819. Further, the local government shall, in cooperation with the Department of Transportation, develop a plan to mitigate any impacts to the Strategic Intermodal System, including, if appropriate, the development of a long -term concurrency management system pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions may be available only within the specific geographic area of the jurisdiction designated in the plan. Pursuant to s. 163.3184, any affected person may challenge a plan amendment establishing these guidelines and the areas within which an exception could be granted. (g) Transportation concurrency exception areas existing prior to July 1, 2005, shall meet, at a minimum, the provisions of this section by July 1, 2006, or at the time of the comprehensive plan update pursuant to the evaluation and appraisal report, whichever occurs last. (6) The Legislature finds that a de minimis impact is consistent with this part. A de minimis impact is an impact that would not affect more than 1 percent of the maximum volume at the adopted level of service of the affected transportation facility as determined by the local government. No impact will be de minimis if the sum of existing roadway volumes and the projected volumes from approved projects on a transportation facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected transportation facility; provided however, that an impact of a single family home on an existing lot will constitute a de minimis impact on all roadways regardless of the level of the deficiency of the roadway. Further, no impact will be de minimis if it would exceed the adopted level -of- service standard of any affected designated hurricane evacuation routes. Each local government shall maintain sufficient records to ensure that the 110- percent criterion is not exceeded. Each local government shall submit annually, with its updated capital improvements element, a summary of the de minimis records. If the state land planning agency determines that the 110- percent criterion has been exceeded, the state land planning agency shall notify the local government of the exceedance and that no further de minimis exceptions for the applicable roadway may be granted until such time as the volume is reduced below the 110 percent. The local government shall provide proof of this reduction to the state land planning agency before issuing further de minimis exceptions. (7) In order to promote infill development and redevelopment, one or more transportation concurrency management areas may be designated in a local government comprehensive plan. A transportation concurrency management area must be a compact geographic area with an existing network of roads where multiple, viable alternative travel paths or modes are available for common trips. A local government may establish an areawide level -of- service standard for such a transportation concurrency management area based upon an analysis that provides for a justification for the areawide level of service, how urban infill development or redevelopment will be promoted, and how mobility will be accomplished within the transportation concurrency management area. Prior to the designation of a concurrency management area, the Department of Transportation shall be consulted by the local government to assess the impact that the proposed concurrency management area is expected to have on the adopted level -of- service standards established for Strategic Intermodal System facilities, as defined in s. 339.64, and roadway facilities funded in accordance with s. 339.2819. Further, the local government shall, in cooperation with the Department of Transportation, develop a plan to mitigate any impacts to the Strategic Intermodal System, including, if appropriate, the development of a long -term concurrency management system pursuant to subsection (9) and s. 163.3177(3)(d). Transportation concurrency management areas existing prior to July 1, 2005, shall meet, at a minimum, the provisions of this section by July 1, 2006, or at the time of the comprehensive plan A�enda # 10 G- So,rNuW� 2`i,�2� update pursuant to the evaluation and appraisal report, whichever occurs last. The state land planning agency shall amend chapter 9J -5, Florida Administrative Code, to be consistent with this subsection. (8) When assessing the transportation impacts of proposed urban redevelopment within an established existing urban service area, 110 percent of the actual transportation impact caused by the previously existing development must be reserved for the redevelopment, even if the previously existing development has a lesser or nonexisting impact pursuant to the calculations of the local government. Redevelopment requiring less than 110 percent of the previously existing capacity shall not be prohibited due to the reduction of transportation levels of service below the adopted standards. This does not preclude the appropriate assessment of fees or accounting for the impacts within the concurrency management system and capital improvements program of the affected local government. This paragraph does not affect local government requirements for appropriate development permits. (9)(a) Each local government may adopt as a part of its plan, long -term transportation and school concurrency management systems with a planning period of up to 10 years for specially designated districts or areas where significant backlogs exist. The plan may include interim level -of- service standards on certain facilities and shall rely on the local government's schedule of capital improvements for up to 10 years as a basis for issuing development orders that authorize commencement of construction in these designated districts or areas. The concurrency management system must be designed to correct existing deficiencies and set priorities for addressing backlogged facilities. The concurrency management system must be financially feasible and consistent with other portions of the adopted local plan, including the future land use map. (b) If a local government has a transportation or school facility backlog for existing development which cannot be adequately addressed in a 10 -year plan, the state land planning agency may allow it to develop a plan and long -term schedule of capital improvements covering up to 15 years for good and sufficient cause, based on a general comparison between that local government and all other similarly situated local jurisdictions, using the following factors: 1. The extent of the backlog. 2. For roads, whether the backlog is on local or state roads. 3. The cost of eliminating the backlog. 4. The local government's tax and other revenue - raising efforts. (c) The local government may issue approvals to commence construction notwithstanding this section, consistent with and in areas that are subject to a long -term concurrency management system. (d) If the local government adopts a long -term concurrency management system, it must evaluate the system periodically. At a minimum, the local government must assess its progress toward improving levels of service within the long -term concurrency management district or area in the evaluation and appraisal report and determine any changes that are necessary to accelerate progress in meeting acceptable levels of service. (10) With regard to roadway facilities on the Strategic Intermodal System designated in accordance with ss. 339.61, 339.62, 339.63, and 339.64, the Florida Intrastate Highway System as defined in s. 338.001, and roadway facilities funded in accordance with s. 339.2819, local governments shall adopt the level -of- service standard established by the Department of Transportation by rule. For all other roads on the State Highway System, local governments shall establish an adequate level -of- service standard that need not be consistent with any level -of- service standard established by the Department of Transportation. In establishing adequate level -of- service standards for any arterial roads, or collector roads as appropriate, which traverse multiple jurisdictions, local governments shall consider compatibility with the roadway Ryr& a"I 4 10 IQ n uag 24, ?M* to %►� facility's adopted level -of- service standards in adjacent jurisdictions. Each local government within a county shall use a professionally accepted methodology for measuring impacts on transportation facilities for the purposes of implementing its concurrency management system. Counties are encouraged to coordinate with adjacent counties, and local governments within a county are encouraged to coordinate, for the purpose of using common methodologies for measuring impacts on transportation facilities for the purpose of implementing their concurrency management systems. (11) In order to limit the liability of local governments, a local government may allow a landowner to proceed with development of a specific parcel of land notwithstanding a failure of the development to satisfy transportation concurrency, when all the following factors are shown to exist: (a) The local government with jurisdiction over the property has adopted a local comprehensive plan that is in compliance. (b) The proposed development would be consistent with the future land use designation for the specific property and with pertinent portions of the adopted local plan, as determined by the local government. (c) The local plan includes a financially feasible capital improvements element that provides for transportation facilities adequate to serve the proposed development, and the local government has not implemented that element. (d) The local government has provided a means by which the landowner will be assessed a fair share of the cost of providing the transportation facilities necessary to serve the proposed development. (e) The landowner has made a binding commitment to the local government to pay the fair share of the cost of providing the transportation facilities to serve the proposed development. (12) When authorized by a local comprehensive plan, a multiuse development of regional impact may satisfy the transportation concurrency requirements of the local comprehensive plan, the local government's concurrency management system, and s. 380.06 by payment of a proportionate -share contribution for local and regionally significant traffic impacts, if: (a) The development of regional impact meets or exceeds the guidelines and standards of s. 380.0651(3)(i) and rule 28- 24.032(2), Florida Administrative Code, and includes a residential component that contains at least 100 residential dwelling units or 15 percent of the applicable residential guideline and standard, whichever is greater; (b) The development of regional impact contains an integrated mix of land uses and is designed to encourage pedestrian or other nonautomotive modes of transportation; (c) The proportionate -share contribution for local and regionally significant traffic impacts is sufficient to pay for one or more required improvements that will benefit a regionally significant transportation facility; (d) The owner and developer of the development of regional impact pays or assures payment of the proportionate -share contribution; and (e) If the regionally significant transportation facility to be constructed or improved is under the maintenance authority of a governmental entity, as defined by s. 334.03(12), other than the local government with jurisdiction over the development of regional impact, the developer is required to enter into a binding and legally enforceable commitment to transfer funds to the governmental entity having maintenance authority or to otherwise assure construction or improvement of the facility. The proportionate -share contribution may be applied to any transportation facility to satisfy the provisions Its 19 of this subsection and the local comprehensive plan, but, for the purposes of this subsection, the amount of the proportionate -share contribution shall be calculated based upon the cumulative number of trips from the proposed development expected to reach roadways during the peak hour from the complete buildout of a stage or phase being approved, divided by the change in the peak hour maximum service volume of roadways resulting from construction of an improvement necessary to maintain the adopted level of service, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted level of service. For purposes of this subsection, "construction cost" includes all associated costs of the improvement. (13) School concurrency shall be established on a districtwide basis and shall include all public schools in the district and all portions of the district, whether located in a municipality or an unincorporated area unless exempt from the public school facilities element pursuant to s. 163.3177(12). The application of school concurrency to development shall be based upon the adopted comprehensive plan, as amended. All local governments within a county, except as provided in paragraph (f), shall adopt and transmit to the state land planning agency the necessary plan amendments, along with the interlocal agreement, for a compliance review pursuant to s. 163.3184(7) and (8). The minimum requirements for school concurrency are the following: (a) Public school facilities element. - -A local government shall adopt and transmit to the state land planning agency a plan or plan amendment which includes a public school facilities element which is consistent with the requirements of s. 163.3177(12) and which is determined to be in compliance as defined in s. 163.3184(1)(b). All local government public school facilities plan elements within a county must be consistent with each other as well as the requirements of this part. (b) Level -of- service standards.- -The Legislature recognizes that an essential requirement for a concurrency management system is the level of service at which a public facility is expected to operate. 1. Local governments and school boards imposing school concurrency shall exercise authority in conjunction with each other to establish jointly adequate level -of- service standards, as defined in chapter 9J -5, Florida Administrative Code, necessary to implement the adopted local government comprehensive plan, based on data and analysis. 2. Public school level -of- service standards shall be included and adopted into the capital improvements element of the local comprehensive plan and shall apply districtwide to all schools of the same type. Types of schools may include elementary, middle, and high schools as well as special purpose facilities such as magnet schools. 3. Local governments and school boards shall have the option to utilize tiered level -of- service standards to allow time to achieve an adequate and desirable level of service as circumstances warrant. (c) Service areas. - -The Legislature recognizes that an essential requirement for a concurrency system is a designation of the area within which the level of service will be measured when an application for a residential development permit is reviewed for school concurrency purposes. This delineation is also important for purposes of determining whether the local government has a financially feasible public school capital facilities program that will provide schools which will achieve and maintain the adopted level -of- service standards. 1. In order to balance competing interests, preserve the constitutional concept of uniformity, and avoid disruption of existing educational and growth management processes, local governments are encouraged to initially apply school concurrency to development only on a districtwide basis so that a concurrency determination for a specific development will be based upon the availability of school capacity districtwide. To ensure that development is coordinated with schools having available capacity, within 5 years after adoption of school concurrency, local governments shall apply school concurrency on a less than Pgex�dx 1k..u- 4 loG- �Q districtwide basis, such as using school attendance zones or concurrency service areas, as provided in subparagraph 2. 2. For local governments applying school concurrency on a less than districtwide basis, such as utilizing school attendance zones or larger school concurrency service areas, local governments and school boards shall have the burden to demonstrate that the utilization of school capacity is maximized to the greatest extent possible in the comprehensive plan and amendment, taking into account transportation costs and court- approved desegregation plans, as well as other factors. In addition, in order to achieve concurrency within the service area boundaries selected by local governments and school boards, the service area boundaries, together with the standards for establishing those boundaries, shall be identified and included as supporting data and analysis for the comprehensive plan. 3. Where school capacity is available on a districtwide basis but school concurrency is applied on a less than districtwide basis in the form of concurrency service areas, if the adopted level -of- service standard cannot be met in a particular service area as applied to an application for a development permit and if the needed capacity for the particular service area is available in one or more contiguous service areas, as adopted by the local government, then the local government may not deny an application for site plan or final subdivision approval or the functional equivalent for a development or phase of a development on the basis of school concurrency, and if issued, development impacts shall be shifted to contiguous service areas with schools having available capacity. (d) Financial feasibility.- -The Legislature recognizes that financial feasibility is an important issue because the premise of concurrency is that the public facilities will be provided in order to achieve and maintain the adopted level -of- service standard. This part and chapter 9J -5, Florida Administrative Code, contain specific standards to determine the financial feasibility of capital programs. These standards were adopted to make concurrency more predictable and local governments more accountable. 1. A comprehensive plan amendment seeking to impose school concurrency shall contain appropriate amendments to the capital improvements element of the comprehensive plan, consistent with the requirements of s. 163.3177(3) and rule 9J- 5.016, Florida Administrative Code. The capital improvements element shall set forth a financially feasible public school capital facilities program, established in conjunction with the school board, that demonstrates that the adopted level -of- service standards will be achieved and maintained. 2. Such amendments shall demonstrate that the public school capital facilities program meets all of the financial feasibility standards of this part and chapter 9J -5, Florida Administrative Code, that apply to capital programs which provide the basis for mandatory concurrency on other public facilities and services. 3. When the financial feasibility of a public school capital facilities program is evaluated by the state land planning agency for purposes of a compliance determination, the evaluation shall be based upon the service areas selected by the local governments and school board. (e) Availability standard. -- Consistent with the public welfare, a local government may not deny an application for site plan, final subdivision approval, or the functional equivalent for a development or phase of a development authorizing residential development for failure to achieve and maintain the level -of- service standard for public school capacity in a local school concurrency management system where adequate school facilities will be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval, or the functional equivalent. School concurrency shall be satisfied if the developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by actual development of the property, including, but not limited to, the options described in subparagraph 1. Options for proportionate -share mitigation of impacts on public school facilities shall be established in the public school facilities element and the interlocal agreement pursuant to s. 163.31777. AgQ�da. �. # toc- JaNj,a� 24, 200(0 i3 % I`1 1. Appropriate mitigation options include the contribution of land; the construction, expansion, or payment for land acquisition or construction of a public school facility; or the creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits. Such options must include execution by the applicant and the local government of a binding development agreement that constitutes a legally binding commitment to pay proportionate -share mitigation for the additional residential units approved by the local government in a development order and actually developed on the property, taking into account residential density allowed on the property prior to the plan amendment that increased overall residential density. The district school board shall be a party to such an agreement. As a condition of its entry into such a development agreement, the local government may require the landowner to agree to continuing renewal of the agreement upon its expiration. 2. If the education facilities plan and the public educational facilities element authorize a contribution of land; the construction, expansion, or payment for land acquisition; or the construction or expansion of a public school facility, or a portion thereof, as proportionate -share mitigation, the local government shall credit such a contribution, construction, expansion, or payment toward any other impact fee or exaction imposed by local ordinance for the same need, on a dollar- for - dollar basis at fair market value. 3. Any proportionate -share mitigation must be directed by the school board toward a school capacity improvement identified in a financially feasible 5 -year district work plan and which satisfies the demands created by that development in accordance with a binding developer's agreement. 4. This paragraph does not limit the authority of a local government to deny a development permit or its functional equivalent pursuant to its home rule regulatory powers, except as provided in this part. (f) Intergovernmental coordination. -- 1. When establishing concurrency requirements for public schools, a local government shall satisfy the requirements for intergovernmental coordination set forth in s. 163.3177(6)(h)1. and 2., except that a municipality is not required to be a signatory to the interlocal agreement required by ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for imposition of school concurrency, and as a nonsignatory, shall not participate in the adopted local school concurrency system, if the municipality meets all of the following criteria for having no significant impact on school attendance: a. The municipality has issued development orders for fewer than 50 residential dwelling units during the preceding 5 years, or the municipality has generated fewer than 25 additional public school students during the preceding 5 years. b. The municipality has not annexed new land during the preceding 5 years in land use categories which permit residential uses that will affect school attendance rates. c. The municipality has no public schools located within its boundaries. d. At least 80 percent of the developable land within the boundaries of the municipality has been built upon. 2. A municipality which qualifies as having no significant impact on school attendance pursuant to the criteria of subparagraph 1. must review and determine at the time of its evaluation and appraisal report pursuant to s. 163.3191 whether it continues to meet the criteria pursuant to s. 163.31777(6). If the municipality determines that it no longer meets the criteria, it must adopt appropriate school concurrency goals, objectives, and policies in its plan amendments based on the evaluation and appraisal report, and enter into the existing interlocal agreement required by ss. 163.3177(6)(h)2. and 163.31777, in order to fully participate in the school concurrency system. If such a municipality fails to do so, it will be subject to the enforcement provisions of s. 163.3191. Ntrvjo, TqeAL 4 1 Oct_ sanuan� i 4� ,�z �'lh (g) Interlocal agreement for school concurrency. - -When establishing concurrency requirements for public schools, a local government must enter into an interlocal agreement that satisfies the requirements in ss. 163.3177(6)(h) l . and 2. and 163.31777 and the requirements of this subsection. The interlocal agreement shall acknowledge both the school board's constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis, and the land use authority of local governments, including their authority to approve or deny comprehensive plan amendments and development orders. The interlocal agreement shall be submitted to the state land planning agency by the local government as a part of the compliance review, along with the other necessary amendments to the comprehensive plan required by this part. In addition to the requirements of ss. 163.3177(6)(h) and 163.31777, the interlocal agreement shall meet the following requirements: 1. Establish the mechanisms for coordinating the development, adoption, and amendment of each local government's public school facilities element with each other and the plans of the school board to ensure a uniform districtwide school concurrency system. 2. Establish a process for the development of siting criteria which encourages the location of public schools proximate to urban residential areas to the extent possible and seeks to collocate schools with other public facilities such as parks, libraries, and community centers to the extent possible. 3. Specify uniform, districtwide level -of- service standards for public schools of the same type and the process for modifying the adopted level -of- service standards. 4. Establish a process for the preparation, amendment, and joint approval by each local government and the school board of a public school capital facilities program which is financially feasible, and a process and schedule for incorporation of the public school capital facilities program into the local government comprehensive plans on an annual basis. 5. Define the geographic application of school concurrency. If school concurrency is to be applied on a less than districtwide basis in the form of concurrency service areas, the agreement shall establish criteria and standards for the establishment and modification of school concurrency service areas. The agreement shall also establish a process and schedule for the mandatory incorporation of the school concurrency service areas and the criteria and standards for establishment of the service areas into the local government comprehensive plans. The agreement shall ensure maximum utilization of school capacity, taking into account transportation costs and court- approved desegregation plans, as well as other factors. The agreement shall also ensure the achievement and maintenance of the adopted level -of- service standards for the geographic area of application throughout the 5 years covered by the public school capital facilities plan and thereafter by adding a new fifth year during the annual update. 6. Establish a uniform districtwide procedure for implementing school concurrency which provides for: a. The evaluation of development applications for compliance with school concurrency requirements, including information provided by the school board on affected schools, impact on levels of service, and programmed improvements for affected schools and any options to provide sufficient capacity; b. An opportunity for the school board to review and comment on the effect of comprehensive plan amendments and rezonings on the public school facilities plan; and c. The monitoring and evaluation of the school concurrency system. 7. Include provisions relating to amendment of the agreement. 8. A process and uniform methodology for determining proportionate -share mitigation pursuant to subparagraph (e) 1. ROV -IL Snrua� 2�l, 2Llo�p IS q t'1 (h) Local government authority.- -This subsection does not limit the authority of a local government to grant or deny a development permit or its functional equivalent prior to the implementation of school concurrency. (14) The state land planning agency shall, by October 1, 1998, adopt by rule minimum criteria for the review and determination of compliance of a public school facilities element adopted by a local government for purposes of imposition of school concurrency. (15)(a) Multimodal transportation districts may be established under a local government comprehensive plan in areas delineated on the future land use map for which the local comprehensive plan assigns secondary priority to vehicle mobility and primary priority to assuring a safe, comfortable, and attractive pedestrian environment, with convenient interconnection to transit. Such districts must incorporate community design features that will reduce the number of automobile trips or vehicle miles of travel and will support an integrated, multimodal transportation system. Prior to the designation of multimodal transportation districts, the Department of Transportation shall be consulted by the local government to assess the impact that the proposed multimodal district area is expected to have on the adopted level -of- service standards established for Strategic Intermodal System facilities, as defined in s. 339.64, and roadway facilities funded in accordance with s. 339.2819. Further, the local government shall, in cooperation with the Department of Transportation, develop a plan to mitigate any impacts to the Strategic Intermodal System, including the development of a long -term concurrency management system pursuant to subsection (9) and s. 163.3177(3)(d). Multimodal transportation districts existing prior to July 1, 2005, shall meet, at a minimum, the provisions of this section by July 1, 2006, or at the time of the comprehensive plan update pursuant to the evaluation and appraisal report, whichever occurs last. (b) Community design elements of such a district include: a complementary mix and range of land uses, including educational, recreational, and cultural uses; interconnected networks of streets designed to encourage walking and bicycling, with traffic - calming where desirable; appropriate densities and intensities of use within walking distance of transit stops; daily activities within walking distance of residences, allowing independence to persons who do not drive; public uses, streets, and squares that are safe, comfortable, and attractive for the pedestrian, with adjoining buildings open to the street and with parking not interfering with pedestrian, transit, automobile, and truck travel modes. (c) Local governments may establish multimodal level -of- service standards that rely primarily on nonvehicular modes of transportation within the district, when justified by an analysis demonstrating that the existing and planned community design will provide an adequate level of mobility within the district based upon professionally accepted multimodal level -of- service methodologies. The analysis must also demonstrate that the capital improvements required to promote community design are financially feasible over the development or redevelopment timeframe for the district and that community design features within the district provide convenient interconnection for a multimodal transportation system. Local governments may issue development permits in reliance upon all planned community design capital improvements that are financially feasible over the development or redevelopment timeframe for the district, without regard to the period of time between development or redevelopment and the scheduled construction of the capital improvements. A determination of financial feasibility shall be based upon currently available funding or funding sources that could reasonably be expected to become available over the planning period. (d) Local governments may reduce impact fees or local access fees for development within multimodal transportation districts based on the reduction of vehicle trips per household or vehicle miles of travel expected from the development pattern planned for the district. (16) It is the intent of the Legislature to provide a methe alternatives by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. If a local government chooses to use proportionate fair -share mitigation in lieu of its existing concurrency mannement system as adopted in its comprehensive plan then tThe methodology used to calculate proportionate fair -share mitigation under this section shall be as provided for in subsection (12)-.and the following provisions would then be applicable: (a) By December 1, 2006, each local government shall adopt by ordinance a methodology for assessing proportionate fair -share mitigation options. By December 1, 2005, the Department of Transportation shall develop a model transportation concurrency management ordinance with methodologies for assessing proportionate fair -share mitigation options. (b) 1. In its transportation concurrency management system, a local government shall, by December 1, 2006, include methodologies that will be applied to calculate proportionate fair -share mitigation. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair -share mitigation if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the 5 -year schedule of capital improvements in the capital improvements element of the local plan or the long -term concurrency management system or if such contributions or payments to such facilities or segments are reflected in the 5 -year schedule of capital improvements in the next regularly scheduled update of the capital improvements element. Updates to the 5 -year capital improvements element which reflect proportionate fair -share contributions may not be found not in compliance based on ss. '163.164 32) and 163.3177(3) if additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. 2. Proportionate fair -share mitigation shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair -share mitigation is used to address the same capital infrastructure improvements contemplated by the local government's impact fee ordinance. (c) Proportionate fair -share mitigation includes, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities and may include public funds as determined by the local government. The fair market value of the proportionate fair -share mitigation shall not differ based on the form of mitigation. A local government may not require a development to pay more than its proportionate fair -share contribution regardless of the method of mitigation. (d) Nothing in this subsection shall require a local government to approve a development that is not otherwise qualified for approval pursuant to the applicable local comprehensive plan and land development regulations. (e) Mitigation for development impacts to facilities on the Strategic Intermodal System made pursuant to this subsection requires the concurrence of the Department of Transportation. (f) In the event the funds in an adopted 5 -year capital improvements element are insufficient to fully fund construction of a transportation improvement required by the local government's concurrency management system, a local government and a developer may still enter into a binding proportionate -share agreement authorizing the developer to construct that amount of development on which the proportionate share is calculated if the proportionate -share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate -share component must be adopted into the 5 -year capital improvements schedule of the comprehensive plan at the next annual capital improvements element update. (g) Except as provided in subparagraph (b)1., nothing in this section shall prohibit the Department of Community Affairs from finding other portions of the capital improvements element amendments not in compliance as provided in this chapter. (h) The provisions of this subsection do not apply to a multiuse development of regional impact satisfying the requirements of subsection (12). 05-p-� 'IkrL 7Qn ua l History. --s. 8, ch. 93 -206; s. 12, ch. 95 -341; s. 3, ch. 96 -416; s. 1, ch. 97 -253; s. 5, ch. 98 -176; s. 4, ch. 99- 378; s. 2, ch. 2002 -13; s. 6, ch. 2002 -296; s. 5, ch. 2005 -290; s. 11, ch. 2005 -291. 4 tDG- 24, 26o1p q 11 Agenda item No. 12A January 24, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt a Resolution Superseding Resolution No. 94 -136, and providing guidelines for consideration of applicants for appointment to Advisory Boards. OBJECTIVE: To approve a resolution to amend the County's guidelines for considering applicants for appointment to advisory committees, and superseding, in it entirety, Resolution No. 94 -136. CONSIDERATION : On March 1, 1994, the Board of County Commissioners adopted Resolution No. 94 -136 to establish guidelines for advisory committees to recommend applicants to the Board of County Commissioners ( "Board ") for appointment to their committees. On December 13, 2005, the Board discussed amendments to this Resolution, specifically requiring that applicants appear before the advisory committees for consideration of approval and recommendation to the Board. The purpose of this process was to further ensure that the applicants seeking appointment or reappointment met the qualifications for the positions they intended to fill. In addition, the Board desires to receive recommendations from all non - quasi - judicial advisory committees. An additional time extension has also been included to assist the advisory committees with meeting the goals established in this Resolution. Staff liaisons providing the Board with the committees' recommendations shall also include attendance schedules for prior terms for all applicants seeking reappointment. All quasi - judicial advisory committees are exempt from adhering to these guidelines. FISCAL IMPACT: NONE. GROWTH MANAGEMENT IMPACT: NONE. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution establishing guidelines for appointments of members to advisory committees and superseding Resolution No. 94 -136. Prepared by: David C. Weigel, County Attorney Anenda Ilem No, 12A January 24. 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 12A Recommendation that the Board of County Commissioners adopt. a Resolution Superseding - ---- Item Summary: Resolution No 94 -136. and providing guidelines for consideration of applicants for appomtmert to Advisory Boards. Meeting Date: 1124/2006 9100 00 AM Prepared By Kay Nell, CLA Legal Assistant Data County Attorney County Attorney Office 1111/200611:59:32 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 111112006 4:12 PM Approved By Nancy Bradley Legal Secretary Date County Attorney County Attorney Office 1/1 V2006 4:13 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Offrte of Management & Budget 1111(2006 4:22 PM Approved By Michael 5mykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1!1 V2006 5:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 1/17/2006 3:41 PM Agenda Item No. January 24. 2 �2A 06 Page 3 f 4 RESOLUTION NO, 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ADOPT A FORMAL POLICY ESTABLISHING GUIDELINES FOR RECEIVING RECOMMEN- DATIONS FOR APPOINTMENT AND REAPPOINTMENT OF MEMBERS TO NON - QUASI - JUDICIAL ADVISORY BOARDS; AND TO SUPERSEDE RESOLUTION NO. 94 -136. WHEREAS, on March 1, 1994, the Board of County Commissioners adopted Resolution No. 94 -136 to provide guidelines and procedures for appointing and reappointing members to advisory committees; and WHEREAS, on December 13, 2005, the Board of County Commissioners requested a revision to these guidelines to assure they are receiving the best qualified candidates for appointment as recommended by their advisory committees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the guidelines set forth below are hereby established the for Board of County Commissioners (" Board's for receipt and acceptance of recommendations from the various non - quasi - judicial advisory committees ( "advisory committees" or "committee). All Quasi - Judicial Boards are exempted from these guidelines. 1. Advisory committees shall be allocated 41 days after notification from the Board's office to submit in writing their recommendations to the Board for the appointment or reappointment of members. During this time period, the advisory committees shall meet and talk with all new applicants seeking appointment at a scheduled public meeting. If an applicant does not appear at the scheduled public meeting, that applicant shall not be recommended by the advisory committee to the Board for appointment to their committee. 2. It is the desire of the Board to attain a quorum at all advisory committee meetings; however, if an advisory committee cannot achieve a quorum within the 41- day time period referenced above, upon submission of notice to the Board the deadline for submission of recommendations by the advisory committee shall be extended to 60 days. 3. Prior to advisory committee recommendation, the County staff liaison for each advisory committee shall initially review the categories of applicants in areas of expertise to assure that the applicants possess the minimum requirements for the positions they are seeking. The advisory committee shall consider all applicants in attendance and shall determine by a majority vote of the quorum which applicant meets the prerequisites for appointment or reappointment to their committee. The liaison shall provide the Board with the committee's recommendations as well as attendance records of all applicants seeking reappointment to the committee. Agenda Item No. 12A January 24, 2006 Page 4 of 4 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that this resolution supersedes Resolution No. 94 -136 in its entirety. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman Agenda Item No. 16A1 January 24, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Classics Plantation Estates, Phase 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 "Classics Plantation Estates, Phase Three ", a subdivision of lands located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Classics Plantation Estates, Phase 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 "Classics Plantation Estates, Phase Three" be approved for recording. FISCAL IMPACT: The project cost is $1,772,832.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 736,840.00 b) Drainage, Paving, Grading - $1,035,992.00 The Security amount, equal to 110% of the project cost, is $1,950,115.20 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: $54,429.96 1- - Agenda Item No. 16A1 January 24, 2006 Fees are based on a construction estimate of $1,772,832.00 and were pa7djn 2 of 4 April, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,245.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$5,526.30 C) Drainage, Paving, Grading (.75% const. est.) -$7,769.94 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $16,578.90 e) Drainage, Paving, Grading(2.25 %const.est.) - $23,309.82 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 "Classics Plantation Estates, Phase Three" for recording with the following stipulations: 1. Approve the amount of $1,950,115.20 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 ADendaItem ND 16A1 January 24. 2006 Fage :� of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A1 Recommendation to approve for recording the final plat of Classics Plantation Estates; Phase ^' Item Summary: Three approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 1!24!2006 9 00 00 AM Prepared By John Houldsworth Semor Engineer Date Community Development 8 Engineering Services 1212712005 10:D6:21 AM Environmental Services Approved By Thomas E. Kuck. P.E. CDES Engineering Services Director Date Community Development & ODES Engineering Services 12,'27@005 11:47 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 1212712005 12:17 PM Environmental Services Environmental Services Addun. Approved By Sandra Lea Exer.utive Secretary Date Community Development & Community Development & 12/2812005 9:52 AM Environmental Services Environmental Services Admin, Approved By Community Development 8 Joseph K. Schmitt Environmental Services AUminsirator Date Community Development & Community Development 8 12124 12005 2:43 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/3/2006 3:48 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/4/2006 10:00 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1112006 2a0 PM Commissioners <N O zN 07 C Cu m L. CU a Q / da z a r \ \ III o \ 1 d I -g� ,1,A , �_--� W � LL W 1m arm arm Ke W7 �a 4 o � z 'ima oeveavw �8 e � veveera JR tj gill 5 DI 3 Y z= CL O a O J Agenda Item No. 16A2 January 24, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Indigo Lakes Unit Five ". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Indigo Lakes Unit Five" CONSIDERATIONS: 1. On March 3, 2003, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Indigo Lakes Unit Five ". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. Agenda Item No. 16A2 January 24, 2006 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Indigo Lakes Unit Five" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department I',— N Q0 U) M< O Q O � co co 'a C N d 5 IFI Z 111 ~ O z z Igl � r - I _ a s u da � vnv tlIJ 53vv1 JOION, pAlO 53HV1 l3tlnv�. ,R6�C ISLPND pR a � 1J a3vvNlds - 3 I � O I YEd01 J� I \ O I 2 / / 3 3YJtlIJ 53�V1 OOiDNI 3Dtl'2 NOJ $IBI F)11 I 3 U IZ � 1 ImI � , O O. I 1tlfgJ ONtl�S�'lUH3f r-1 O i � '' 1tlnOJ N3tlnvl ' I�3roe10 s3HVl o�mw 31�tl10 lnOJ 510 31tlJ5 O1 "' 9.1 W CL TQ O Q O J >I U- r z W Q J O I � S z a� w tfz 3 O ONV�3l� 0 tl311100 lSfi'tl'O `- � _ I s S OOOV,l3YnYt rco o y= 7 0 �ry � � � Z aarnalnoe Nvool _ � U � Q O U < J w TQ � � � � w � 5f -31tl15N31N1 9nlJ Ad'i N'lOJ R JUO SOOfW c 3tldAJrvn1. � <So / =r � r �o �y 9.1 W CL TQ O Q O J >I U- r z W Q J O A.g&!L!a lien No 1 F_A2 January 24,2000 p7cle 4 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15A2 Item Summary: Recommendation to grant final approval of the roadway rpovaie) and drainage improvements forme final plat of indgo Lakes Unit Eve, The roadway and drainage improvements will be privately maintained. Meeting Date: 1i2420D61) 00 00 Prepared By John H- lds -11, Senior Engneer Date Community Development & Environmental Services Engineering Services 12.'2812005 1:39:50 PM Approved By Constance A. Johnson Operations Analyst Date Commundy Development & Communny Development & En— ontetntal Services Environmental Services Admin. 12/28.20051:49 PM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Duecter Date Community Deve lapment & Environmental Services CDES Enpineenng Services 12/28/2005 2:08 PM Approved By 5andra Lea Executive Secretary Date Community Development & Community Deveiopme nl & Environmental Services Environmental Services Admin. 1,'3/20062;51 PM Approved By COnimunity Development & Joseph K. 5chmnt Date Environmental Services Amm�tsi razor Community Development & Community Development & Environmental Services Environmental Services Admin. 119t2006 740 PM Approved By OMB Coordinator Administrative ASSistaiit Date County Manager's Office Office of Management & Budget 1'11'2006 1D:32 AM Approved By Mark Isackson Budoet Analvst Date County Manager's Office Office of & Budget 1111120D6 4:44 PM Approved By Lee E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's office 1112/2006 1:06 PM Agenda Item No. 16A2 January 24, 2006 Page 5 of 5 RESOLUTION NO. 06 -, RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN INDIGO LAKES UNIT FIVE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE INDIGO LAKES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 26, 2002 approved the plat of Indigo Lakes Unit Five for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Indigo Lakes Unit Five and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for drainage improvements that are not required to be maintained by the Indigo Lakes Homeowner's Association. The improvements within the right -of -way will be the responsibility of the Indigo Lakes Homeowner's Association. This Resolution adopted after motion, second and majority vote favoring same, this day of 12006. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK , CHAIRMAN Approved as to form and legal sufficiency: - y Jeffrey Klatzkow �.; Assistant Collier County Attorney cn co It o I T G .V CD T m E Q m co s= a� Q r^ Z W 0 mo Cl UZ O 0< cr � O OL J 6 sz Ws \ � Qo nod e (S Po O O bO D Jy. % M5 'a•s 9L -I a a a. w z 0 U 0 P-11 4I Agenda Item No. 16A3 January 24, 2006 Page 2 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Ave Maria Phase One ", 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 "Ave Maria Phase One ", a subdivision of lands located in Section 32, Township 47 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Ave Maria Phase One ". 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 "Ave Maria Phase One" be approved for recording. FISCAL IMPACT: The project cost is $17,658,557.59 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 458,079.28 b) Drainage, Paving, Grading - $17,200,478.31 The Security amount, equal to 110% of the project cost, is $19,424,413.35 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: $533,061.73 Agenda Item No. 16A3 January 24, 2006 Fees are based on a construction estimate of $17,658,557.59 and were pNdgq of June, 2004 and May, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 3,305.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ 3,435.60 C) Drainage, Paving, Grading (.75% const. est.) - $129,003.59 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 10,306.78 e) Drainage, Paving, Grad ing(2.25 %const.est.) - $387,010.76 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 "Ave Maria Phase One" for recording with the following stipulations: 1. Approve the amount of $19,424,413.35 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 Iterrl No, 1OA3 . January 24 , 2006 Page; 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A3 Item Summary: Recommendation to approve for recording the final plat of Ave Mana Phase One approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 1!24/2006 9.00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development 8 Engineering Services 1/6/2006 9:08:17 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 1/6(2006 9:12 AM Environmental Services Environmental Services Admin. Approved By Sandra Lea Executive Secretary Date Community Development & Community Development 8 1/6/2006 9:13 AM Environmental Services Environmental Services Admin. Approved By Thomas E. Kuck, P.E. ODES Engineering Services Director Date Community Developmem 8 GDES Engineering Services 1/6(2006 9:16 AM Environmental Services Approved By Community Development & Joseph K. Schmitt Environmental Services AUmmstrator Date Community Development & Community Development & 1/9;2006 7:34 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1'11/200611:46 AM Approved By Mark Isackson Budget Analyst Date County Manager's office Office of Management & Budget 1112/2006 9:59 AM Approved By Lee E. Ochs, Jr. Deputy County Manager Date Board of County Gonumssloners Caunry Manager's office 1/121200G 1:10 PM _ Agenda Item No. 16A4 January 24, 2006 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Luis Santos, Jr., and Maria Leonor Santos for 5.7 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $194,750. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Luis Santos, Jr., and Maria Leonor Santos (Sellers). CONSIDERATIONS: On January 27, 2004, Agenda Item 10A, 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 confirmed 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 Sellers' property contains 5.7 acres and is located within Golden Gate Estates, Unit 53, also known in the Conservation Collier Program as the Red Maple Swamp Preserve. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $193,000 was based upon one independent, state - certified, general real estate appraiser. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Sellers, the County will pay the Sellers $965 in liquidated damages. The CCLAAC approved this transaction on January 17, 2006, 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 $194,750 ($193,000 for the property, $250 for the appraisal, and approximately $1,500 for title commitment, a title policy, and recording of related documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 17, 2006, property costs for Conservation Collier properties, including this property and those under contract, total $34,722,633. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Agenda Item No. 16A4 January 24, 2006 Page 2 of 16 -- EXECUTIVE SUMMARY Conservation Collier — Agreement for Sale and Purchase — Santos Page 2 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. PREPARED BY: Cindy Erb, Property Acquisition Specialist, Sr. Real Estate Services / Facilities Management Department Agenda Item No. 16A4 January 24, 2006 Page 3 of 16 Conservation Collier Land Acquisition Program Project Design Report Date: February 22, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map CREW SHADY HOLLOW BLVD W SHADY HOL LOW BLVD E lW 1247H AVE NE _ 24TH AVE NE Legend - NGGE Unit 53 NGGE Unit 53 ® Cycle 2 Conservation Lands CREW Property Owner: Luis Santos Jr. and Maria Leonor Santos Folio(s): 39490280003 Location: North Golden Gate Estates Unit 53, E 180 Ft of Tract 6 Size: 5.70 acres Appraisal /Offer Amount: $193,000 3 Al AVE NW 41ST AVE NE YM1 �fi 41kY„ -{ "`su gLxat£ 39TH AVE NW 39TH AVE NE 377H AVE NW 37TH AVE NE 4Cantn.c— 5.711 357H AVE HW 35TH AVE HE 0 33RD AVE NW 33RD AVE HE Yr D O JA111W 25TH AV NE lW 1247H AVE NE _ 24TH AVE NE Legend - NGGE Unit 53 NGGE Unit 53 ® Cycle 2 Conservation Lands CREW Property Owner: Luis Santos Jr. and Maria Leonor Santos Folio(s): 39490280003 Location: North Golden Gate Estates Unit 53, E 180 Ft of Tract 6 Size: 5.70 acres Appraisal /Offer Amount: $193,000 3 Agenda Item No, 16A4 January 24, 2006 Page 4 of 16 History of Project: Received Project Project BCC Purchase Offer application Selected for Approved for Approval offer made Accepted the "A" purchase by to buy as to owners category, #1 BCC properties priority, on become the Active available Acquisition confirmed List by CCLAAC 11/04/05 12/15/03 1 1/27/04 6/22/04 12/02/05 12/12/05 Purpose of Project: Conservation Collier Program 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. These parcels were 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 farm 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 (Osinunda 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 would enhance, protect, buffer both areas and provide additional public access to CREW Trust lands. In regards to human values and aesthetics, conservation of this area would offer multiple opportunities for land -based natural resource recreation including potential for hunting, as coordinated with limited seasonal hunting permitted on adjoining CREW lands. This area is vulnerable to development as it is zoned for single- family residences. None have been built to date, however permits could be issued at any time. 4 Agenda Item No. 16A4 January 24, 2006 Page 5 of 16 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. Projected Management Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities, but these would not be done until more contiguous properties can be acquired. <.end[t item No 1A4 January 24, 2006 FegC 6 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: I6A4 Item Summary: Recommendation to approve an Agreement for Sale and Purchase with Luis Santos. it Maria Leonor Santos for 5.7 acres under the Conservation Collier Land Acquisition and Program, at a cost not to exceed $194.750. Meeting Date: 1124i2006 9.00.00 AM Prepared By Cindy M. Erb Senior Property Acquisition Spec lest Date Administrative Services Facilities Management 1/612006 10:29:10 AM Approved By Constance A Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental SInviles Alfrn- 1 +6i200610:43 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental 5ervices Admin. 11612006 10:47 AM Approved By Alexandra J. Sulecki Senior Environmental Specialist Date Community Development & Environmental Services Environmental Services 1/6,'2006 3 :18 PM Approved By William D. Lorenz. Jr., P.E. Environmental Services Dnectar Date Community Development & Environmental Services Environmental Services 1/612006 3:32 PM Approved By Charles E. Carrington, Jr., SRNVA Real Estate Services Manager Date Administrative Services Facilities Management 1/612006 4:06 PM Approved By Skip Camp, C.F.M. F—In es Management Duecl or Date Administrative Services Facilities Management 1/912006 3:51 PM Approved By Community Development & Jo ^,eph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Aontin. 1/92006 7:41 PM Approved By OM8 Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1111I20D6 11:47 AM Approved By Mark Isackson Budget Analyst Date County Managers Office Oil ice of Management & Budget 1;1112006 5.23 PM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management& Budget 1/11/2006 5:26 PM Approved By Leo E. Ochs. Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1;1212006 1:22 PM Agenda Item No. 16A4 CONSERVATION COLLIER January 24, 2006 PROPERTY ID #: 39490280003 Page 7 of, 16 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and BETWEEN LUIS SANTOS, JR., a single man and MARIA LEONOR SANTOS, a single woman, as joint tenants with full rights of survivorship, whose address is 80 41S Avenue NE, Naples, FL 34120, (hereinafter referred to as "Seller "), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser "). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property "), located in Collier County, State of Florida, and being more particularly described in Exhibit "A ", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A ". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price ") for the Property shall be One Hundred Ninety Three Thousand Dollars ($193,000), (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: CONSERVATION COLLIER PROPERTY ID #: 39490280003 Agenda Item No. 16A4 January 24, 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 ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, CONSERVATION COLLIER PROPERTY ID #: 39490280003 Agenda Item No. 16A4 January 24, 2006 Page 9of16 Y` 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. CONSERVATION COLLIER PROPERTY ID #: 39490280003 VI. INSPECTION Agenda Item No. 16A4 January 24, 2006 Page 10 of 16 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. CONSERVATION COLLIER PROPERTY ID #: 39490280003 Agenda item No. 1 A4 January 24, 2 06 Page 11 o 16 At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, _ management, leasing, employment, service or other contracts affecting the Property. CONSERVATION COLLIER PROPERTY ID #: 39490280003 Agenda Item No. 1 A4 January 24, 2 06 Page 12 o 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 governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing 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 CONSERVATION COLLIER PROPERTY ID #: 39490280003 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: Luis Santos, Jr. 80 4181 Avenue NE Naples, FL 34120 Telephone number: 239 - 434 -7216 Fax number: Agenda Item No. 16A4 January 24, 2006 Page 13 of 16 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. CONSERVATION COLLIER PROPERTY ID #: 39490280003 Agenda Item No. 1 A4 January 24, 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 Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN CONSERVATION COLLIER PROPERTY ID #: 39490280003 AS TO SELLER: DATED: WITNESSES: i (Printed Name) KL� -)w (Signature A // - JJF_U/C0- (Printed Name) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 9 i 0 PAW, ,. MARIA LEONOR SANTOS Agenda Item No. 16A4 .January 24, 2006 Page 15 of 16 Agenda Item No. 16A4 January 24, 2006 Page 16 of 16 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39490280003 LEGAL DESCRIPTION: THE EAST ONE HUNDRED EIGHTY (180') FEET OF TRACT 6, 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. 16A5 January 24, 2006 Page 1 of 11 EXECUTIVE SUMMARY A Resolution amending Resolution Number 05 -409 that established procedures for expediting the development review process for qualified Economic Development Council "Fast Track" projects and to establish a regulatory process program; and providing for codification of this policy and procedures. OBJECTIVE: To have the Collier County Board of County Commissioners (BCC) correct a scrivener's error resulting from incorrect timeframes for two review processes. CONSIDERATIONS: The Collier County Board of County Commissioners (BCC) on November 29, 2005, approved Resolution Number 05 -409 that provided for expediting the development review process for qualified Economic Development Council "Fast Track" projects and to establish a regulatory process program; and providing for codification of this policy and procedures. The adopted resolution incorrectly described the timeframes for two review processes. Specifically, it incorrectly noted the wrong timeframes. Section C.3.e. applied to the time frame established for the sufficiency determination. A two- business day time frame was previously established for previous submittals and the two - business day time frame was intended to be continued for the resubmittal. Section CA.c. applied to the time frame established for staff reviewers to complete their review. The total time frame for a building permit was programmed for 75- business day time frame, which would include 3 -25 day staff reviews. The individual time frame for staff reviews of a building permit was meant to reflect the 25 — business day time frame and not the total programmed review time. The strike -thru and underlined text reflects the corrections as noted below: SECTION C.3. e. In addition, an EDC "Fast Track" expedited review routing sheet will be completed, attached, and the application package will be distributed for staff review within t k34 two 2 business days from sufficiency determination. SECTION CA.c. In order to meet the expedited review period staff reviewers must complete their initial review of EDC "Fast Track" expedited review applications within fifteen (15) business days from receipt for rezone petitions, seven (7) business days from receipt for platting and Site Development Plans, or -;& 25 business days from receipt for commercial Building Permits. If an Environmental Impact Statement is required with the application, a 30-45 additional business days review time will be required. Page 1 of 2 Agenda Item No. 16A5 January 24, 2006 Page 2 of 11 Review comments will be forwarded via fax or email to the applicant and the owner within 1 working day of when they are posted to the computer tracking system. The proposed resolution will correct this error. FISCAL IMPACT: This action is only to correct an error in the timeframes for two review processes of the previously adopted Resolution Number 05 -409 that was approved by the Collier County Board of County Commissioners (BCC). Therefore, this change by and of itself will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The original Resolution was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan (GMP). This scrivener's error is only to correct an error in the timeframes for two review processes for action that was approved by the Collier County Board of County Commissioners (BCC) through Resolution Number 05 -409. LEGAL CONSIDERATIONS: An error was made in the timeframes for two review processes within the resolution of adoption. The Scrivener's Error corrects the timeframes for two review processes that the Board of County Commissioners actually intended to approve. STAFF RECOMMENDATION: That the Collier County Board of County Commissioners (BCC) approve the scrivener's error correction to Resolution Number 05 -409. PREPARED BY: Michael J. DeRuntz, CFM, Principal Planner Zoning and Land Development Review Page 2 of 2 An_ ends+ Item No. 16A5 Janunry 24, 2006 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A5 Item Summary: Recommendation that the Board of County Commissioners approve a rescluhon amending Resolution 05.409, winch established procedures and a regulatory process program for - pedifing the development review process for qualified Economic Development Council Fast Track projects in order to correct fimeframes for two of the development review processes, Meeting Date: 1!24!2006 9:00.00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/6/2006 10:06 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/6/200610:44 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 116i2006 3:02 PM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 1/6/2006 3:06 PM Approved By Susan Murray. AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 1/9/2006 8:28 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 1/912006 11:03 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/1 D120061:19 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Admins[ra[or Community Development & Community Development & Environmental Services Environmental Services Admin. 1110!2006 8:10 PM Approved By OMB Coordinator Administrative Assistant Dale County Manager's Office Office of Management& Budget 1/11!200611:47 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budge/ 1/1112006 5:02 PM Approved By Michael Smykowski /danagement & Budget Director Date County Manager's Office Office of Management & Budget 111112006 5:11 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1117'2DD6 3:38 PM Agenda Item No. 16A5 January 24, 2006 RESOLUTION NO. 06- Page 4 of 11 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION 05-409 WHICH ESTABLISHED PROCEDURES AND A REGULATORY PROCESS PROGRAM FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED ECONOMIC DEVELOPMENT COUNCIL "FAST TRACK" PROJECTS. RECITALS WHEREAS, on November 29, 2005, the Collier County Board of County Commissioners adopted Resolution 05 -409, which established procedures and a regulatory process program for expediting the development review process for qualified Economic Development Council "Fast Track" projects; and provided for codification of this policy and procedures; and WHEREAS, following the adoption of Resolution 05 -409, staff determined that the Resolution contained two minor errors which were not intended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Resolution 05-409 shall be amended as follows: SECTION ONE: Section C.3.e. In addition, an EDC "Fast Track" expedited review routing sheet will be completed, attached, and the application package will be distributed for staff review within dwee (3) two 2 business days from sufficiency determination. SECTION TWO: Section CA.c. In order to meet the expedited review period staff reviewers must complete their initial review of EDC "Fast Track" expedited review applications within fifteen (15) business days from receipt for rezone petitions, seven (7) business days from receipt for platting and Site Development Plans, or q4 25 business days from receipt for commercial Building Permits. If an Environmental Impact Statement is required with the application, a 30-45 additional business days review time will be required. Review comments will be forwarded via fax or email to the applicant and the owner within 1 working day of when they are posted to the computer tracking system. BE IT FURTHER RESOLVED that this Resolution amending Resolution 05 -409 be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote, this day of 12006. ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy CIerk Ap ov as o form and leg s cy: Jeffr atzkow Asst ounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Words stnaek dm-eu are deleted; words underlined are added. Page 1 of 1 ,CHAIRMAN Agenda Item No. 16A5 January 24, 2006 Page 5 of 11 RESOLUTION NO. 2005- 409 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ESTABLISH PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED ECONOMIC DEVELOPMENT COUNCIL "FAST TRACK" PROJECTS AND TO ESTABLISH A REGULATORY PROCESS PROGRAM; AND PROVIDING FOR CODIFICATION OF THIS POLICY AND PROCEDURES. RECITALS WHEREAS, it is the policy of the State of Florida and Collier County to encourage the growth of high value -added employment and the economic base by providing assistance to qualified Targeted industries that create high -wage job opportunities, and WHEREAS, the County working with the Economic Development Council of Collier County will promote a "fast track" permitting review and approval program to expedite land use and permitting applications for targeted industries in Collier County; and WHEREAS, these procedures are appropriate for inclusion in the Collier County Administrative Code. NOW, THEREFORE, be it RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 2. The intent of the Board of County Commissioners is to apply these procedures to development orders or permit applications certified by the Economic Development Council (EDC) of Collier County as qualified for an expedited review and in doing so identify such projects as EDC "Fast Track" projects. 3. The Board of County Commissioners economic development expedited review policy as set forth below is to be included where appropriate in the Collier County Administrative Code and is adopted for immediate use, as follows: A. Purpos&Ncope: Establish procedures for expedited reviews of all development orders and permits qualifying as an EDC "Fast Track" approved application. The EDC Page 1 of 7 Agenda Item No. 1(;A5 January 24, 2006 Page 6 ol 11 "Fast Track" expedited review process for qualified development orders and permits is not intended to otherwise modify or alter existing procedural standards for reviewing development orders and permit applications, including those that do not qualify for the EDC "Fast Track" expedited review status. B. Applicability: These procedures apply to the review of all qualified development orders and permits for new and expanding developments in Collier County approved under the EDC targeted industry expedited review program. In order to qualify for "Fast Track" expedited review the applicant for a proposed development order or permit must: 1. Include an application approved by the Economic Development Council of Collier County and verified by the Director of Zoning and Land Development Review stating that the project has qualified for EDC "Fast Track" expedited review status, and 2. Specifically request EDC "Fast Track" expedited review project status as part of an application for a county development order or permit, as defined in the Collier County Land Development Code (LDC) Section 1.08.02, including but not limited to: rezone petitions, including those for PUD districts; Site Development Plans; and Building Permits, including their corresponding zoning, engineering, environmental, transportation, and fire code reviews. 3. Qualifying EDC "Fast Track" projects are projects or developments that: a. Create new or expanded businesses that are "Targeted Industries" which are defined as businesses that are aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. They may include, but are not limited to the following industries: aviation, information, technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and companies locating or expanding within the Immokalee Rural Federal Enterprise Community. b. Provide 150% or more of the current private sector average wage for Page 2 of 7 Agenda Item No. 1 A5 January 24, 2006 Page 7 ol 11 projects in High Impact Areas, which is a designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community; or 115% of the current private sector average wage for projects in Eastern Collier County which is defined as that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural I--cderal Enterprise Community; or 50% the current private sector average wage for projects' in the Immokalee Rural Federal Enterprise Community which is that jurisdiction so designated by the U.S. Department of Agriculture as a multi jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F. S. §§ 290.001 -- 290.016. c. Creation of full time jobs at the following levels: a minimum of 20 new full time jobs in the High Impact Areas; or a minimum of 10 new full time jobs in Eastern Collier County; or a minimum of 5 new jobs within the Immokalee Enterprise Community. C. EDC Fast Track Expedited Review Procedures. 1. EDC "Fast Track" expedited review qualification meeting. Prior to an application for a development order or permit being submitted to Collier County for an EDC "Fast Track" expedited review, the applicants or agents must attend a qualification meeting with the Economic Development Council of Collier County. Those that demonstrate compliance as defined in B.3. above, will be issued an EDC "Fast Track" certificate of expedited review by the Economic Development Council of Collier County. Page 3 of 7 Agenda Item No. 1 �A5 January 24, 2006 Page 8 of 11 2. Submittal of EDC "Fast Track" expedited review Application and Certificate. Once qualified, a complete development order or development permit application, including the EDC "Fast Track" certificate of expedited review must be submitted to the County for expedited review within six (6) months from date of issuance of the certificate. If a complete development order or permit application, is not submitted within 6 months from the date if issuance of the certificate, the applicant must apply to be re- qualified under 1 above. 3. EDC "Fast Track" expedited review time line for application sufficiency. Complete development order or development permit application submittal packages, once time - stamped by the Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will receive an expedited sufficiency review within 2 business days as set forth below. a. To be considered "complete" an application submittal package must include all items indicated in the pre- application meeting notes, EDC Certificate, and any and all required documentation as noted on the application checklist. b. The Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will review the submittal package and determine it to be "complete" or "incomplete" at the time the application is submitted. c. An application package deemed "incomplete" will not be accepted and will be returned to the applicant and the applicant will be advised of the deficiencies and will be directed to reapply. With each subsequent completeness submittal, the Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will determine an application package to be "complete' or "incomplete" at the time of submittal. d. Once an application package is deemed "complete' it will have all necessary data entered into the computer - tracking program noting the EDC "Fast Track" expedited review period: 120 business days for Page 4 of 7 Agenda Item No. 16A5 January 24, 2006 Page 9 oi 11 Rezoning Petitions, 60 business days for Plat or Site Development Plans, or 75 business days for commercial Building Permits. If an Environmental Impact Statement is required with the application an additional 30-45 business days of reviews time may be required to adequately coordinate letters of technical assistance for appropriate state and federal review agencies. These review periods will include all the necessary public hearings, however they are predicated on the required quorum before the Environmental Advisory Council (EAC) and the Collier County Planning Commission (CCPC) and scheduled meeting dates of the Board or County Commissioners (BCC). e. In addition, an EDC "Fast Track" expedited review routing sheet will be completed, attached, and the application package will be distributed for staff review within three (3) business days from sufficiency determination. 4. Expedited review times for staff EDC Fast Track expedited review projects. a. Review of any development order or permit with EDC "Fast Track" expedited review status will be completed and the appropriate staff reports and approvals completed within 120- business days for rezoning requests, 60- business days for platting or Site Development Plan requests, or 75 business days for commercial Building Permit requests from date of distribution for staff review. b. As may be appropriate, subsequent public hearings before the EAC, CCPC, and the BCC will then be scheduled consistent with paragraph 5 below. To insure that expedited review applications move through the review process in a timely manner, all re- submittals should be provided to the County within 20 business days from posting of final staff review comments on the computer tracking system. As such, the County's 60 1120/75 -day review timeframes will not include any time when the application has been returned to the applicant for corrections based on staffs sufficiency-review comments. Page 5 of 7 Agenda Item No. 16A5 January 24, 2006 Page 10 of 11 c. In order to meet the expedited review period staff reviewers must complete their initial review of EDC "Fast Track" expedited review applications within fifteen (15) business days from receipt for rezone petitions, seven (7) business days from receipt for platting and Site Development Plans, or 75 business days from receipt for commercial Building Permits. If an Environmental Impact Statement is required with the application, a 30-45 additional business days review time will be required. Review comments will be forwarded via fax or email to the applicant and the owner within 1 working day of when they are posted to the computer tracking system. d. Within two (2) business days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate reviewers. e. Resubmitted information and/or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit and final approval is granted by the County Manager or his designee. f Once an application for a development order or permit has been rejected three (3) times by county staff, the applicants or agents along with the owner or developer and a representative of the EDC must attend a mandatory project review meeting to be held with all county reviewers yet to approve the application. 5. Public Meeting and Hearings. Qualified EDC "Fast Track" expedited review projects will be given first priority for scheduling of all neighborhood informational (NIM) meetings, development review /pre- application meetings, and public hearings. D. Applicant Requirements. I 1. Application Agreement. Prior to the submittal of a development permit or order application, the applicant shall sign and enter into a "Application Agreement" with Collier County and the Economic Development Council in Page 6 of 7 Agenda Item No. 16A5 January 24, 2006 Page 11 of 11 order to participate in the Fast Track expedited review program and agree to the terms requirements of the program, including, but not limited to, the timely submission of all information relevant to the petition and subsequent submittals of information in response to staff reviews. 2. Certification of Compliance. A notarized affidavit from an officer of the qualifying corporation or business shall be provided to the Economic Development Council and the Operational Support and Housing Director of Collier County certifying that the new jobs created, that qualified the new or expanding business for the Fast Track Program, have been created and meet the wage requirements as identified within this Resolution. Such certification must be received within twelve months of the issuance of the first Certificate of Occupancy for the specified project. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote. Done this of J day of 2005. ATTEST: DWIGHT CLERK Attesftct�i °ta Ct�OOg, Clerk tignaturt oily as to form and Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 11O (A) FRED W. COYLE, C k N Page 7 of 7 Agenda Item No. 16A6 January 24, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Forest Park, Phase 2 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 Forest Park, Phase 2, 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 October 24, 2002. Final acceptance is in accordance with Ordinance 2004 -31, as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water -Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond, may be reduced by 10% for the utility - related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water /sewer facilities will be paid by monthly user fees in County Water /Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North /South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept the water and sewer facilities for Forest Park, Phase 2, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Services Accroa Iterrn No. 16A6 January 24 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A6 Item Summary: Recommendation to approve final acceptance of water and sewer utility facilities for Forest Park, Phase 2. Meeting Date: 1124.'2006 9.00'.00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 1/6/200610:55 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 116!2006 2:25 PM Approved By Stephen L Nagy Wastewater Collections Manager Date Public Utilities Waste Water 1/6/2006 3:15 PM Approved By Sandra Lea Eaecmivs Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. V9/2006 8:51 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 1/9/2006 9:01 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 1/912006 9:08 AM Approved By G. George Yilntaz Interim Waste Water Director Date Public Utilities Wastewater 1/10/2006 4:44 PM Approved By Roy B. Anderson. P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 1111/2006 9:12 AM Approved By Community Development 8 Joseph K. Schmitt Date Environmental Services Admins[rator Community Development & Community Development & Environmental Services Environmental Services Adhim. 1/11/2006 2:42 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 111112006 3:17 PM Approved By Mark Isar,kson Budget Analyst Date County Manager's Office Office of Management & Budget 1/1 V2006 6:10 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 11212006 1:25 PM Q�r� �p O O �— CN ZJ Q S 0 — -9Lrn TfYJ9 NVJiaOL� - -- I I I' p — ILII 'n•.S e Hl6s � {a I .,��r, JrP.o,\ jj'I- ��yyj7 — 5 I - ,, ✓`� A m�s iae is acc I a Q uj U) 0 3 V) r- w 0 w. O Q I, I r v �� o vn�,noe aamm se a� I- Z p r— -wj 0 (� :w Ise a o II OaYA3, n0 a31 DO °u // xaoaB oars �� o IS f�' inn n R.n a< - I U IL yy ��'� ply z� J n` ^1 •,i t v x - l OHVn OB 3 - a 3 _ sk Ye I x ` x - a � r N lr i r d I -- ixa aavna,noe > i _ vaveave viays oarn3ml a i 0 rtivaave� .ads r w I �I I. I� N m I�� c ,�- atlareuanoo m NYZ� - °---+ Q uj U) 0 3 V) r- w 0 w. O Q Agenda Item No. 16131 January 24, 2006 Page 1 of 113 EXECUTIVE SUMMARY Recommendation to approve the Transportation Disadvantaged Service Plan Update FY 2006. OBJECTIVE: To approve the Transportation Disadvantaged Service Plan (TDSP) Update FY 2006. CONSIDERATION: The 1979 Florida Legislature passed the Transportation Services Act, Chapter 427, Florida Statutes, which called for the coordination at the County level of all Federal and State expenditures for the "transportation disadvantaged ". The Commission for the Transportation Disadvantaged (CTD) is the agency authorized to oversee implementation of transportation service development plans in Florida. Each County is required to develop a Transportation Disadvantaged Service Plan (TDSP) for the Transportation Disadvantaged program. The TDSP is used by the Community Transportation Coordinator (CTC) and the Local Coordinating Board (LCB) to maintain and /or improve transportation services for the transportation disadvantaged and to serve as a framework for performance evaluation. FISCAL IMPACT: There is no fiscal impact in adopting this plan. Funding for the Transportation Disadvantaged program is completed annually through the budget process. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the Transportation Disadvantaged Service Plan (TDSP) Update for FY 2006. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: Transportation Disadvantaged Service Plan (TDSP) Update FY 2006 Agenda Itern No. 1681 January 24, 2006 Page 2 of 113 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B1 Item Summary: Recommendation to approve the Transponatiol.t Disadvantaged Service Plan Update FY 2006. Meeting Date: 1!2412006 9:00.00 AM Prepared By Blanca Nieves Administrative Assistant Date Transportation Services Alternative Transportation Modes 12119/2006 9:23:46 AM Approved By Blanca Nieves Administrative Assistant Date Transportation Services Alternative Transportation Modes 12/19/2005 9:24 AM Approved By Lisa Hendrickson Senior Planner Date Transportation Services Alternative Transportation Modes 1211912006 1 0:56 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1 211 9120 0 5 2:01 PM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 12119!2005 3:35 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 116!20066:39 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/9/2006 9:56 AM Approved By - ^ ^• OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 111112006 10:27 AM Approved By Mark lsackson Budget Analyst Date County Managers Office Office of Management & Budget 1:1212006 8:51 AM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management & Budget iN 21200610:56 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1H 212006 1:28 PM Agenda Item No. 16B1 January 24, 2006 Page 3 of 113 COLLIER COUNTY TRANSPORTATION DISADVANTAGED SERVICE PLAN September 2005 REVISED October 2005 Prepared by: Center for Urban Transportation Research College of Engineering University of South Florida Tampa, Florida �CUTR Agenda Item No. 16131 January 24, 2006 Page 4 of 113 Agenda Item No. 16131 January 24, 2006 Page 5 of 113 TABLE OF CONTENTS TDSPCERTIFICATION ................................................................................... ..............................v LCBROLL CALL VOTE ............................................................................... ............................... vii INTRODUCTION............................................................................................ ............................... ix I. DEVELOPMENT PLAN INTRODUCTION TO THE SERVICE AREA ........................................................ ............................... 1 Background........................................................................................... ............................... 1 Consistency Review of Other Plans ....................................................... ............................... 3 Local Coordinating Board Certification ................................................... ............................... 3 SERVICE AREA PROFILE AND DEMOGRAPHICS ............................................ ............................... 3 Overview............................................................................................... ............................... 3 Demographics....................................................................................... ............................... 4 Population....................................................................................... ............................... 4 Age.................................................................................................. ............................... 5 Income............................................................................................. ............................... 5 Employment..................................................................................... ............................... 6 Census Tract Analysis ..................................................................... ............................... 8 MajorTrip Generators ....................................................................... .............................15 SERVICEANALYSIS ....................................................................................... .............................16 Forecasts of TD Population .................................................................... .............................16 Demand for Program Trips ..................................................................... .............................17 Demand for General Trips ...................................................................... .............................18 Barriers to Coordination .......................................................................... .............................19 GOALS AND OBJECTIVES .............................................................................. .............................20 IMPLEMENTATIONPLAN ................................................................................ .............................22 II. SERVICE PLAN OPERATIONSELEMENT ................................................................................ .............................25 Types, Hours, and Days of Service ........................................................ .............................25 AccessingServices ................................................................................ .............................25 Eligibility........................................................................................... .............................26 Prioritization...................................................................................... .............................26 Transportation Operators ........................................................................ .............................27 Public Transit Utilization ......................................................................... .............................28 Agenda Item No. 16B1 January 24, 2006 Page 6 of 113 SchoolBus Utilization ............................................................................ .............................28 VehicleInventory ................................................................................... .............................28 System Safety Program Plan Certification .............................................. .............................28 IntercountyServices ............................................................................... .............................28 Natural Disaster /Emergency Preparedness ........................................... .............................28 Marketing............................................................................................. ............................... 29 Acceptable Alternatives .......................................................................... .............................29 III. QUALITY ASSURANCE SERVICESTANDARDS ................................................................................ ............................... 30 Drugand Alcohol Testing ....................................................................... .............................30 DriverIdentification ................................................................................ .............................30 Seating................................................................................................. ............................... 30 Passenger Loading Assistance ............................................................ ............................... 30 Smoking, Drinking and Eating ........................ ............................... .... 30 ... ............................... PassengerProperty ............................................................................. ............................... 30 ChildRestraints ...................................................................................... .............................31 LocalToll -Free Number ....................................................................... ............................... 31 Consumer Comments / Complaints ........................................................ ............................... 31 Escortsand Children .............................................................................. .............................31 TransferPoints ....................................................................................... .............................31 Passenger/Trip Database ...................................................................... .............................31 Billing................................................................................................... ............................... 31 ContractMonitoring ..................................................................................................... ............................... 31 PassengerNo -Shows .......................................................................... ............................... 32 Suspensionof Service ......................................................................... ............................... 32 Training................................................................................................ ............................... 33 VehicleCleanliness ................................................................................ .............................33 Out- of _Service -Area Trips .................................................................... ............................... 33 VehicleEquipment ............................................................................... ............................... 33 Pick -Up Window ..................................................................................... .............................33 On -Time Performance ............................................................................ .............................34 RideTime ............................................................................................ ............................... 34 AdvanceReservations ......................................................................... ............................... 34 BackgroundChecks ............................................................................... .............................34 Public Transit Utilization ......................................................................... .............................34 Accidents............................................................................................. ............................... 34 Roadcalls............................................................................................. ............................... 34 Call -Hold .............................................................................................. ............................... 34 Service Effectiveness ............................................................................. .............................34 LOCAL GRIEVANCE PROCEDURE .................................................................. .............................35 CTC EVALUATION PROCESS ....................................................................... .............................35 IV. COST /REVENUE ALLOCATION AND FARE STRUCTURE JUSTIFICATION COST REVENUE ALLOCATION ...................................................................... .............................36 Agenda Item No. 1681 January 24, 2006 Page 7 of 113 RATEAND FARE STRUCTURE ....................................................................... .............................36 PassengerCo -Pay ( Fare) ....................................................................... .............................36 V. PEER AND TREND ANALYSIS CTCTREND ANALYSIS ................................................................................. .............................39 CTC PEER REVIEW ANALYSIS ..................................................................... .............................41 ComparativeDemographics ............................................................. .............................41 Comparative Performance ................................................................ .............................42 CONCLUSIONS.............................................................................................. .............................43 APPENDICES APPENDIX A Local Coordinating Board Certification APPENDIX B Vehicle Inventory APPENDIX C System Safety Service Plan Certification Comprehensive Plan Emergency Procedures APPENDIX D Grievance Procedure TD User Guide No Show /Cancellation Policy TD Eligibility Criteria APPENDIX E Cost Effectiveness Worksheets Agenda Item No. 1681 January 24, 2006 Page 8 of 113 Agenda Item No. 16131 January 24, 2006 Page 9 of 113 TDSP CERTIFICATION The Collier County Local Coordinating Board hereby certifies that an annual evaluation of the Community Transportation Coordinator was conducted consistent with the policies of the Commission for the Transportation Disadvantaged and all recommendations of that evaluation have been incorporated in this Service Plan. We further certify that the rates contained herein have been thoroughly reviewed, evaluated and approved. This Transportation Disadvantaged Service Plan was reviewed in its entirety and approved by this Board at an official meeting held on December 5, 2005. Date Local Coordinating Board Chairperson Approved by the Commission for the Transportation Disadvantaged: Date Lisa Bacot Executive Director Agenda Item No. 16131 January 24, 2006 Page 10 of 113 Agenda Item No. 1681 January 24, 2006 Page 11 of 113 LCB ROLL CALL VOTE for Approval of Collier County's Transportation Disadvantaged Service Plan Update September 14, 2005 Name Representing Yes No Absent Commissioner Donna Fiala Elected Official Peter Kraley Veterans Services Richard Shine Florida Department of Transportation Joe Martinez Agency for Health Care Administration Hallie Devlin Department of Children and Families Pam Fico Department of Elder Affairs Mary Watford Dept. of Education Kevin Hilliard Public Education Paul Starzyk Citizen Advocate Mindy Idaspe Citizen Advocate — User Vacant Elderly Citizens Vacant Disabled Allan Bratton Community Action Vacant Local Medical Community Vacant Southwest Florida Regional Workforce Development Board Vacant State Coordinating Council Vacant Public Transportation Industry vii Agenda Item No. 16B1 January 24, 2006 Page 12 of 113 viii Agenda Item No. 1681 January 24, 2006 Page 13 of 113 INTRODUCTION The 1979 Florida Legislature passed the Transportation Services Act, Chapter 427, Florida Statutes, which called for the coordination at the County level of all Federal and State expenditures for the "transportation disadvantaged." The Commission for the Transportation Disadvantaged (CTD) is the agency authorized to oversee implementation of transportation service development plans for the transportation disadvantaged program in Florida. Chapter 427, F.S. requires each County to develop a Transportation Disadvantaged Service Plan (TDSP) for the Transportation Disadvantaged program, with an update every three years, at a minimum. The development and update of the TDSP must meet the requirements of Chapter 427, Florida Statutes, as stated in Rule 41 -2, Florida Administrative Code. The TDSP is used by the Community Transportation Coordinator (CTC) and the Local Coordinating Board (LCB) to maintain and /or improve transportation services for the transportation disadvantaged and to serve as a framework for performance evaluation. ix Agenda Item No. 16131 January 24, 2006 Page 14 of 113 Agenda Item No. 16131 January 24, 2006 Page 15 of 113 I. DEVELOPMENT PLAN INTRODUCTION TO THE SERVICE AREA Background Collier County Government's Transportation Department serves as the Community Transportation Coordinator (CTC) for Collier County. As of October 1, 2005, Collier County's Alternative Modes of Transportation Department has directed that the Collier Area Transit (CAT — operated by McDonald Transit) Paratransit Program handle the management responsibilities as the CTC. Figure 1 shows the organizational structure of the Collier County CTC. Collier County CTC is considered a complete brokerage, contracting all fixed - route, paratransit and transportation disadvantaged operations to private operators. Collier Area Transit obtains prior authorization for all trips (ADA, TD and Medicaid), schedules the trip(s) and invoices the Collier County Transportation Department on a monthly basis. Collier Area Transit operates eight routes on a fixed -route system. The entire fleet is equipped with lifts that are compatible with the Americans with Disabilities Act of 1990 (ADA). Private operators provide TD paratransit service throughout the remaining portions of Collier County. As the management company for the CTC, CAT performs the basic elements of coordination forthe paratransit program in Collier County, e.g., call intake, certification, eligibility, reservations, scheduling, transportation, reporting, cost - sharing and information sharing. Collier County provides administrative support for the paratransit program, such as grant writing, planning, and public information. Three distinct transportation programs are provided under Collier Area Transit's Paratransit Program: Americans with Disabilities Act (ADA), Transportation Disadvantaged (TD) and Medicaid. The ADA program provides service to people who reside within 3/ miles of an existing CAT bus route, have transportation needs that fall within the service schedule of CAT, but cannot access the bus system due to a disability. The TD program provides service to people residing in areas where CAT bus routes are not available, and who have no other means of transportation. Agenda Item No. 1681 January 24, 2006 Page 16 of 113 The Medicaid program provides transportation to Medicaid eligible people who cannot travel by the CAT bus routes and have no other means of transportation. 2 Agenda Item No. 1681 January 24, 2006 Page 17 of 113 Figure 1 Collier County CTC Organizational Chart Florida Commission for the Transportation Disadvantaged I I -------------------- I------------- - - - - -� I I I I Collier County Transportation Local Coordinating Board Collier County MPO Department (CTC) Collier Area Transit (McDonald Transit) (Manager) Transportation Operators Agenda Item No. 1661 January 24, 2006 Page 18 of 113 Consistency Review of Other Plans Pertinent portions of the following plans were reviewed in order to determine consistency and identify existing goals, objectives and policies that support transit and paratransit issues. Collier County's Growth Management Plan Marco Island's Comprehensive Plan for Future Growth City of Naples' Comprehensive Plan 2005 Transit Development Plan for Collier Area Transit Collier County 2025 Long -Range Transportation Plan Collier County Comprehensive Pathway (Bicycle /Pedestrian) Plan Transportation Improvement Program Strategic Regional Policy Plan (SWFRPC) Commission for the Transportation Disadvantaged 5 and 20 year plans Transit 2020: Florida's Strategic Plan for Public Transportation This Service Plan is consistent with all of the above - referenced plans. By reducing the number of individual trips and vehicles on the road, the coordinated system helps to address concerns expressed in these plans regarding roadway safety and capacity constraints. Local Coordinating Board Certification See Appendix A for Collier County Coordinating Board Membership Certification. SERVICE AREA PROFILE AND DEMOGRAPHICS An Overview of Collier County Collier County, located on Florida's west coast, occupies a land area of 2,026 square miles, making it the largest county in Florida. Broward and Dade counties are located on Collier's eastern border, Lee and Hendry counties are on the northern border, and Monroe County is on the southern border. The county consists of three incorporated areas: Naples, Everglades City, and Marco Island. Collier County is located in the Bonita Springs - Naples urbanized area as designated by the Year 2000 Census. Collier County has nearly 50 miles of public beaches, along with a number of local, state, and national nature preserves. It was created in 1923. Its early economic growth has been associated with a millionaire from Memphis, Baron Gift Collier, who acquired his fortune through streetcar 4 Agenda Item No. 1681 January 24, 2006 Page 19 of 113 advertising. When Collier came to the area, he introduced paved roads, electric power, telegraphs and many new businesses to the people of the area. These additions attracted many people to the area. In 1950, the number of residents in Collier County was 6,488. By 1980, that number had grown to 85,000, and in 2000, the population was 251,377. Population estimates for 2002 have reported 277,457 residents. This growth has labeled Collier County as one of the fastest developing areas in the nation. Collier County Demographics According to the 2003 Florida Statistical Abstract, the most populous city in the county is Naples with an estimated population of 20,057. The City of Marco Island is the second largest in Collier County, with an estimated population of 14,799. The population of the county's unincorporated area is quite large as compared to the cities, with about 240,093 residents. During the time period of 1990 to 2002, Collier County saw its population increase from 152,099 to 277,457, an 82 percent increase. Table 1 displays population, population growth, and population density for Collier County and Florida as a whole. Over the ten year period of 1990 — 2000, Collier County grew at a rate much higher than that of the State of Florida, seeing over a sixty -five percent increase in population over the ten year period. The population density that exists in Collier County, however, is much less than the overall State population density, with just over 124 persons per square mile versus 296 persons per square mile in the State of Florida. Table 1 Population and Population Density Area Population Population Population Growth Population Density (1990) (2000) (1990 -2000) 00) (person mile) Collier 152,099 251,377 65.3% 124.1 Florida 1 12,938,071 1 15,982,378 23.5% 296.4 Source: 1990 and 2000 population counts provided by U.S. Census Bureau 5 Agenda Item No. 16131 January 24, 2006 Page 20 of 113 Population Age Characteristics Table 2 charts the age group percentages for both Florida and Collier County. According to the 2002 Florida Statistical Abstract, almost 25 percent of Collier County's population is 65 years of age or older. This is 7 percentage points higher than the State of Florida as whole. The 15 -24 age category continues to comprise the smallest portion of the population in Collier County, with fewer than 10 percent of the population. Table 2 Population Age Distribution, 2002 Area 0 -14 15 -24 25 -44 45 -64 65+ Collier County 16.5% 9.9% 23.4% 25.4% 24.8% Florida 18.6% 12.5% 27.4% 123.9% 17.6% Source: Florida Statistical Abstract 2003, University of Florida Income Characteristics Table 3 compares the distribution of household income in Florida and Collier County. The percent of households with incomes in the categories under $50,000 are significantly lower than the percentages for the state of Florida. On the other hand, Collier County is very much above the State of Florida in upper income classifications. According to the 2000 U.S. Census, the median household income for the state of Florida is $38,819. Collier County has a significantly higher median household income of $48,289. Table 3 Annual Household Income Distribution, 2000 Area $0 - $9,999 $10,000- $25,000- $35,000- $50,000- Over $75,000 $24,999 $34,999 $49,999 $74,999 Collier 6.0% 15.7% 12.9% 17.1% 19.4% 29.0% Florida 9.6% 21.2% 14.2% 17.4% 18.5% 19.1% Source: 2000 U.S. Census Bureau Ll Agenda Item No. 16131 January 24, 2006 Page 21 of 113 Vehicle Availability Table 4 shows the amount of households who have accessibility to a vehicle. In Collier County just fewer than five percent of households do not have access to a vehicle. The 2000 census reported eight percent of households within the State of Florida do not have accessibility to a vehicle. Collier County has a slightly higher percentage of household vehicle availability when compared with the State of Florida. Table 4 Vehicle Availability Distribution, 2000 Area Household Vehicle Availability None One or More Collier 4.9% 95.1% Florida 8.1% 91.9% Source: 2000 U.S. Census Bureau, Florida Statistical Abstract Employment Characteristics Table 5 compares the size of the labor force 16 years of age and older to the actual percent of the labor force that is employed for both Collier County and Florida. Over 96 percent of the Collier County labor force is employed. This is just above the Florida labor force employment rate of 94 percent. Table 5 Employment Characteristics for Collier County, 2000 Area Civilian Labor Force Percentage of Labor Force Employed Collier 109,440 96.3% Florida 1 7,407,458 94.4% Source: 2000 U.S. Census Bureau VA Agenda Item No. 1681 January 24, 2006 Page 22 of 113 Travel to Work Table 6 compares the distribution of travel time to work for Collier County and Florida. The majority of Collier County residents have a commute of less than 30 minutes (68 percent) whereas about 62 percent of Florida residents complete their commute in less than 30 minutes. From this table we can see that Collier County residents typically spend less time traveling to work than the average Florida resident. Table 6 Commute to Work Distribution, 2000 Area Less than 10 -20 min 20 -30 min 30 -44 min 45 -60 min 60 +min Publix Supermarkets 10 min 2,021 Collier County Government Government 2,161 NCH Healthcare System Collier 13.3% 33.0% 22.5% 19.6% 6.1% 5.6% Florida 11.2% 30.0% 21.5% 22.4% 8.0% 6.9% Source: 2000 U.S. Census Bureau Top Employers Table 7 lists the top fifteen employers in Collier County. Governmental services, health care and education top the list. Table 7 Collier County Largest Employers Employer Type of Business Total Employees Collier County Public Schools Education 4,400 Publix Supermarkets Grocery 2,021 Collier County Government Government 2,161 NCH Healthcare System Health Care 2,080 Employee Professionals Staffing/Human Resources 1,700 Ritz - Carlton Hotel Hospitality 1,150 Collier County Sheriff's Office Government 1,000 Marriott Hospitality 943 Winn -Dixie Supermarkets Grocery 918 Registry Resort Hospitality 750 League Club, Inc 625 Symphony Rehabilitation Svcs. Healthcare 607 Wal -Mart Stores Retail 594 Classic Bentley Village, Inc. 550 City of Naples Government 480 Source: Collier County 2003 Economic, Demographic & Community Profile 3 Agenda Item No. 1681 January 24, 2006 Page 23 of 113 Means of Travel to Work Table 8 shows the distribution of workers' mode of transportation to work in Collier County and Florida. Collier County has a slightly lower percentage in drive alone travel, and a slightly higher rate of carpool/vanpool travel when compared to statewide results. Public transportation use is relatively consistent with that of the State of Florida, with just about 2 percent of workers using it to travel to work. Table 8 Means of Travel to Work Distribution, 2000 Source: 2000 U.S. Census Bureau Census Tract Analysis Information from the U.S. Census can be used to determine characteristics that are highly correlated with a person's or household's need for transit. This type of analysis is useful for determining census tracts with high transit - dependent characteristics. Demographic characteristics that are generally used to indicate transit dependence included the distribution of youth (under 18 years of age), elderly persons (over 65 years of age), low- income households (125% of poverty level), and zero - vehicle households. These categories also become useful for identifying those residents who have a propensity to utilize paratransit (ADA, TD, Medicaid) services. The first step in identifying the census tracts that have persons or households with the greatest propensity for (para)transit use involved the calculation of the percent distributions of the four demographic characteristics for each tract. Results from this process are put into a table of values indicating the percent of youth, elderly persons, low- income households, and zero - vehicle households for each of the area's census tracts. The census tracts are then sorted for each characteristic in descending order of percent distribution so that the tracts with higher percentages for each characteristic would appear at the top of their respective ranges. From the percentage ranges, an average percent value and a standard deviation value are calculated for each characteristic. Statistically, the standard deviation may be thought of as a measure of distance from the average value. According to an empirical rule of thumb, for most moderately -sized data sets with a bell- shaped normal distribution, approximately 68 percent of the E Public Work Area Drive Alone CarpoolNanpool Bike or Walk at Transportation Home Collier 74.4% 14.9% 1.9% 2.5% 4.7% Florida 78.8% 12.9% 1.9% 2.3% 3.0% Source: 2000 U.S. Census Bureau Census Tract Analysis Information from the U.S. Census can be used to determine characteristics that are highly correlated with a person's or household's need for transit. This type of analysis is useful for determining census tracts with high transit - dependent characteristics. Demographic characteristics that are generally used to indicate transit dependence included the distribution of youth (under 18 years of age), elderly persons (over 65 years of age), low- income households (125% of poverty level), and zero - vehicle households. These categories also become useful for identifying those residents who have a propensity to utilize paratransit (ADA, TD, Medicaid) services. The first step in identifying the census tracts that have persons or households with the greatest propensity for (para)transit use involved the calculation of the percent distributions of the four demographic characteristics for each tract. Results from this process are put into a table of values indicating the percent of youth, elderly persons, low- income households, and zero - vehicle households for each of the area's census tracts. The census tracts are then sorted for each characteristic in descending order of percent distribution so that the tracts with higher percentages for each characteristic would appear at the top of their respective ranges. From the percentage ranges, an average percent value and a standard deviation value are calculated for each characteristic. Statistically, the standard deviation may be thought of as a measure of distance from the average value. According to an empirical rule of thumb, for most moderately -sized data sets with a bell- shaped normal distribution, approximately 68 percent of the E Agenda Item No. 16B1 January 24, 2006 Page 24 of 113 data values will lie within one standard deviation of their average and approximately 95 percent of the data values will lie within two standard deviations of their average. Each of the three characteristic ranges are then stratified into four segments, based on the following break points: average percent, average percent plus one standard deviation, and average percent plus two standard deviations. Thus, the census tracts fall into one of the following four categories for each characteristic: below average, above average but below one standard deviation (above average), between one and two standard deviations above average (far above average), and more than two standard deviations above average (significantly above average). The next step involves the assignment of discrete numerical scores to each of the four categories established for each demographic characteristic. These scores serve two basic purposes: to provide uniform ranking to all of the tracts within a particular category and to numerically differentiate among the four categories for each characteristic. A comparative probability estimation method is utilized to develop the scores. First, the probability that a tract would be part of a specific category for a given characteristic is calculated for each category. For example, if two Collier County's 52 census tracts were part of the "significantly above average" category for the elderly characteristic, this means that there is a 3.8 percent probability (# tracts in category = # total tracts x 100 %) that one of county's tracts would fall within the range established for that particular category for the elderly characteristic. After the probabilities are calculated for each characteristic, they are then used to estimate the categories' scores via comparative probability ratios. That is, the probability percentage for each category is divided into the probability percentage for the "below average" category. This numerator was selected so that, for each characteristic, the census tracts in the "below average" category would receive a score of one (1). Finally, composite scores are calculated for the census tracts by summing individual category scores for each demographic characteristic. The census tracts are then ranked by composite score and stratified into four levels, using the same method that was utilized to develop characteristic categories. The census tracts that fell into the "significantly above average" category were defined as primary transit - dependent tracts, i.e., census tracts with the greatest propensity for transit based on the tracts' percentages of youth, elderly persons, low- income households, and zero - vehicle households. Secondary transit - dependent tracts included those that fell into the "far above average" category; tertiary transit - dependent tracts included those tracts in the "above average" category. The availability of 2000 Census Block Group data allowed the analysis to be conducted at the Block Group level, providing a further level of detail to the analysis. 10 Agenda Item No. 16B1 January 24, 2006 Page 25 of 113 Collier County Collier Area Transit (CAT) provides transit services to areas throughout Collier County. There are currently eight routes providing service coverage in Collier County, including an Express route that runs twice a day between Immokalee and Marco Island. As noted in Table 8A, Tracts 112.04 and 112.05 are identified as the most transit - dependent tracts in the county. In fact, six of the ten primary transit - dependent block groups are located within these two census tracts. These tracts are located in the Immokalee area. Both the Blue Route and the Marco Express Route provides service to this area. The four other primary transit- dependent block groups are located at the Collier /Lee County line just west of US 41, two block groups along the east side of Goodlette -Frank Road between Pine Ridge Road and US 41, and a small block group located on the south side of Rattlesnake Hammock Road, just east of US 41. Figures 2 and 3 provide a visual depiction of the transit dependent Census Block Groups in Collier County. Regarding secondary and tertiary transit - dependent groups, many of the block groups making the list are along the coastal areas. It should be noted that, sometimes, census blocks in typically affluent coastal communities are characterized by a large enough percentage of elderly so as to have a high enough composite score from this analysis to be considered transit - dependent. This is likely the case for Collier County. With a few exceptions, transit service is provided to most of the transit - dependent block groups identified in this analysis. The main areas identified as being transit - dependent and not being served are located in the northern areas of the County by the Lee County line along US 41. Also, some block groups located along the gulf front are not considered to be served because of their distance from US 41. 11 Agenda Item No. 16131 January 24, 2006 Page 26 of 113 Table 8A Collier County — Transit - Dependent Census Block Groups Block Route(s) Serving Block Comments PRIMARY BLOCKS (signiticandyabove average) , ; 112.05 BG 2 Blue, Marco Express Adequately served 102.03 BG 1 Orange Adequately served 7.00 BG 1 Red, Orange Adequately served 112.05 BG 1 Blue, Marco Express Adequately served 112.05 BG 3 Blue, Marco Express Adequately served 112.04 BG 3 Blue, Marco Express Adequately served 108.01 BG 2 Green Adequately served 112.04 BG 1 Blue, Marco Express Adequately served 101.01 BG 2 - -- Not Served 112.04 BG 2 Blue, Marco Express Adequately served SECONDARY BLOCKS (far above average) ; 1.00 BG 4 Red, Orange Adequately served 104.09 BG 5 Purple Adequately served 106.04 BG 6 Orange Adequately served 106.03 BG 1 Yellow, Blue Adequately served 105.04 BG 2 Purple, Yellow, Blue Adequately served 110.00 BG 1 Marco Circulator Adequately served 101.02 BG 1 - -- Not Served 107.01 BG 1 Red, Orange Adequately served TERTIARY BLOCKS (above average) 3.01 BG 2 Red Adequately served 111.01 BG 1 Marco Express & Circulator Adequately served 4.00 BG 1 - -- Not Served 4.00 BG 2 - -- Not Served 113.00 BG 2 Blue, Marco Express Routes serve Southeastern portion of block 113.00 BG 3 Blue, Marco Express Routes serve Southeastern portion of block 4.00 BG 3 - -- Not Served 12 Agenda Item No. 16131 January 24, 2006 Page 27 of 113 Table 8A (continued) Collier County — Transit - Dependent Census Block Groups Block Route(s) Serving Block Comments TERTIARY BLOCKS (above average) continued 108.01 BG 1 Green, Orange Adequately served 107.01 BG 4 Orange Adequately served 107.01 BG 3 Orange Adequately served 101.01 BG 3 - -- Not Served 105.04 BG 1 Purple, Yellow, Blue Adequately served 105.02 BG 3 Green Route serves Southern portion of block 110.00 BG 2 Marco Circulator Adequately served 102.04 BG 1 Red Route serves Eastern portion of block 102.04 BG 3 Red Route serves Eastern portion of block 1.00 BG 3 Red, Orange Adequately served 2.00 BG 1 Red, Orange Adequately served 101.01 BG 4 - -- Not Served 102.03 BG 2 Red, Yellow Routes serve Eastern portion of block 107.01 BG 2 Red, Orange Adequately served 109.03 BG 1 Marco Circulator Adequately served 10B.02 BG 2 Green Adequately served 112.02 BG 2 Blue, Marco Express Routes serve North and Western portions of block 113.00 BG 1 Blue, Marco Express Routes serve Southeastern portion of block 114.00 BG 2 Blue, Marco Express Routes serve Southwestern portion of block 3.02 BG 4 Red Route serves Eastern portion of block 101.02 BG 3 - -- Not Served 102.04 BG 2 Red Route serves Eastern portion of block 105.02 BG 2 Yellow, Blue, Green Yellow & Blue serve Northern portions of block; Green serves Southern portion of block 108.02 BG 3 Green Adequately served 13 Agenda Item No. 16131 January 24, 2006 Page 28 of 113 Figure 2 Collier County Transit Dependency Census 2000 14 Figure 3 Collier County Transit Dependency Census 2000 ra Bo 1 T_ 103 Tract 4 ct Tr .. 104.06 104.05 Tract 106.02 Tra ct 112.01 Tract 104.07 Agenda Item No. 1681 January 24, 2006 Page 29 of 113 Red Route Purple Route Orange Route Green Route Blue Route Block Groups: - Primary - Secondary Tertiary Collier County Collier Census Tracts Collier Places Tract 104.14 Tract 104.08 Tray Tract �� I5 104.10 t�M j e Golde Tract 104.11 Tract 104.13 x ee � Rl" 105.03 Trail e 105.04 ra Bo 1 T_ 103 Tract 4 ct Tr .. 104.06 104.05 Tract 106.02 Tra ct 112.01 Tract 104.07 Agenda Item No. 1681 January 24, 2006 Page 29 of 113 Red Route Purple Route Orange Route Green Route Blue Route Block Groups: - Primary - Secondary Tertiary Collier County Collier Census Tracts Collier Places Tract 104.14 Tract 104.08 Tray Tract 104.09 104.10 Golde Tract 104.11 Tract 104.13 T 105.03 Trail 105.04 Tract Tract Tract 108.02 il 111.02 108.01 Lely Resort Naples Mano 1' Trail N 108.03 X41 W g rail t4112S 111.01 r S 15 Agenda Item No. 1681 January 24, 2006 Page 30 of 113 Points of Interest Table 9 shows the points of interest and major trip generators and attractors around Collier County. Table 9 Major Trip Generators and Attractors Naples CBD Barefoot Beach Park Coastland Center Mall Bonita Beach Park Venetian Village I and II Tiger Tail Beach Wal -Mart (US 41 and Palm Dr) Wiggins State Park and Beach Wal -Mart (US 41 North) Vanderbilt Public Beach Carillon Place Lorenzo Walker Institute of Technology Pine Ridge Crossings Edison College Naples Community Hospital The Naples Carlisle (Assisted Living) Collier County Government Complex Buena Vida (Assisted Living) Naples Municipal Airport Cleveland Clinic �UCP Dialysis Centers 16 Agenda Item No. 1681 January 24, 2006 Page 31 of 113 SERVICE ANALYSIS This section presents estimates regarding the need and demand for transportation services among the Transportation Disadvantaged (TD) population in Collier County. It provides a quantitative transportation needs profile for the applicable TD populations and indicates unmet need for transportation in the Collier County service area. All estimates are based on the methodology described in Methodology Guidelines for Forecasting TD Transportation Demand at the County Level, May 1993 and the Florida Statewide Transportation Disadvantaged Plan: Population and Demand Forecasts 9996 -2015, July 1996. Forecasts of TD Population There are two categories of TD population in the State of Florida, the difference between which is specifically related to funding arrangements. The first group is the "potential TD population" (also known as TD Category 1). This potential TD population includes disabled, elderly, low- income persons, and children who are "high- risk" or "at- risk." The second group of TD population (also known as TD Category 11), includes those persons who are unable to transport themselves or to purchase transportation. These persons are eligible to receive the same subsidies as those in Category I, plus they are eligible to receive TD Trust Fund monies for non - sponsored general trips. Thus, this population group is actually a subset of the potential TD population. Table 10 Forecasts of TD Populations in Collier County TD Population Year 2005 2006 2007 2008 2009 2010 Category 1 111,054 114,862 118,813 122,912 127,163 131,575 Category II 17,758 18,277 18,815 19,369 19,945 20,539 Tables 10, 11 and 12 break down the Potential TD Population and TD Population groups in Collier County. Persons in either of these population groups may be heavily dependent on some form of public transportation. 17 Agenda Item No. 16131 January 24, 2006 Page 32 of 113 Table 11 2005 Collier County Potential Transportation Disadvantaged Population (Category 1) Segments Population Estimates Percent of Total Potential TD Disabled, Non - Elderly, Low Income 1,063 1.0% Disabled, Non - Elderly, Non -Low Income 7,308 6.8% Disabled, Elderly, Low Income 878 0,8% Disabled, Elderly, Non -Low Income 15,686 14.0% Non - Disabled, Elderly, Low Income 3,447 3.1% Non - Disabled, Elderly, Non -Low Income 61,586 54.8% Non - Disabled, Non - Elderly, Low Income 21,086 19.5% Total Potential Transportation Disadvantaged Population 111,054 100% Table 12 2005 Collier County Transportation Disadvantaged Population (Category II) Segments Population Estimates Percent of Total' TD Transportation Disabled, Non - Elderly, Low Income 487 2.8% Transportation Disabled, Non - Elderly, Non -Low Income 3,350 19.3% Transportation Disabled, Elderly, Low Income 450 2.5% Transportation Disabled, Elderly, Non -Low Income 8,036 44.3% Non - Transportation Disabled, Low Income, No Auto, No Fixed -Route Transit 5,435 31.1 Total Transportation Disadvantaged Population 17,758 100% Demand for Program Trips Persons in Category I are eligible to receive governmental and social service subsidies for program trips. A program trip is one made by a client of a government or social service agency for the purpose of participating in a program of that agency. Examples of program trips are Medicaid trips, trips to congregate meal sites, or trips to job training facilities. 18 Agenda Item No. 1681 January 24, 2006 Page 33 of 113 The estimated demand for program trips is shown in Table 13. Program Trip demand is dependent upon the existence of the program to which the potential TD population group is transported. For example, demand for trips to sheltered workshops exists only because there are sheltered workshop programs. Thus, the demand for program trips is equal to the number of trips required to take advantage of the service offered by the program. Therefore, the demand for program trips depends on the funding level for the various social service programs. Table 13 Forecasts of Collier County Program Trip Demand and Supply Year Potential TD Population (Category 1) Demand for Program Trips Supply of Program Trips ; 2005 111,054 223,538 223,538 2006 114,862 232,480 232,480 2007 118,813 241,779 241,779 2008 122,912 251,450 251,450 2009 127,163 261,508 261,508 2010 131,575 271,969 271,969 Demand for General Trips General trips are trips made by Transportation Disadvantaged persons (Category II) to destinations of their choice (not to agency programs). Examples of general trips are trips to work or grocery stores and non - Medicaid medical trips. Deriving the demand for general trips is different than for program trips. The methodology developed to forecast demand for general trips involves the use of trip rates derived in a study of paratransit demand conducted in 1990 for the San Francisco Bay Area Metropolitan Transportation Commission by Crain & Associates, Inc. and others (San Francisco Bay Area Regional Paratransit Plan: Final Report). The trip rates were developed from the actual experiences of paratransit systems around the country that were meeting most or all of the trip demand in their service areas. The use of these trip rates has been recommended by the Federal Transit Administration for estimating demand for ADA complementary paratransit. Total demand for general trips is simply the TD population multiplied by the trip rates. The TD population (rather than the Potential TD population) was used to forecast demand, because the TD population is the pool of persons eligible for general trips funded by the state. Table 14 shows the forecasts of the Collier County TD population, as well as demand and supply estimates for general trips by the TD population for the years 2005 through 2010. 19 Agenda Item No. 16131 January 24, 2006 Page 34 of 113 A gap exists between demand for general trips and the supply of these trips. Unmet demand refers to demand that currently exists in the TD transportation market, but is not being met due to factors such as funding, price, convenience, comfort, eligibility, and the availability of other transportation modes. Table 14 Forecasts of Collier County TD General Trip Demand and Supply Year TD Population (Category II) Demand for General Trips Supply of General Trips Unmet Demand for General Trips 2005 17,758 255,715 103,915 151,800 2006 18,277 263,189 107,992 155,197 2007 18,815 270,936 112,230 158,706 2008 19,369 278,914 116,634 162,280 2009 19,945 287,208 121,210 165,998 2010 20,539 295,762 125,967 169,795 -� It should be noted that the figures related to the demand and supply of TD general purpose trips in Collier County include trips that will also fall under the category of ADA complementary paratransit services. The ADA provides for unconstrained delivery of paratransit trips for persons who cannot use the fixed -route bus system due to the nature and/or extent of their disability. Persons may be certified as eligible for ADA paratransit trips, as well as TD general purpose trips. Therefore, the figures for unmet demand included in Table 14 are inflated and reflect some duplication in the calculation of trip demand. Barriers to Coordination for Transportation Disadvantaged Services In Collier County and across the State, there is more demand for TD services than supply. Even though financing for TD services was recently increased, it cannot make up for the length of time that funding remained constant. With increased fuel costs, inflation, and a rapidly- increasing population, this means there is actually less money available to transport more people. Some social service agencies have had their transportation funding reduced, causing the burden to be shifted to the TD program. There is a concern that some agencies see TD as an opportunity to reduce their own budgets for transportation services. x Although the Statute assigns to the CTC the responsibility of bringing non - profit and /or for - profit agencies under the coordinated umbrella, the Statute contains no penalty for those who are in non- compliance. 20 Agenda Item No. 16131 January 24, 2006 Page 35 of 113 Other barriers to TD coordination include: ■ The administrative encumbrance of Medicaid, including prior authorization and attempts to collect co -pay. ■ Rules of the program are interpreted differently by those involved. GOALS AND OBJECTIVES The mission of the Collier County Local Coordinating Board is To carry out a coordinated and comprehensive approach to planning, developing, and providing transportation services that meet the needs of transportation disadvantaged persons. CAT's mission is To identify and safely meet the transportation needs of Collier County, through a courteous, dependable, cost effective and environmentally sound team commitment. In order to carry out these missions, the following goals and objectives have been adopted: GOAL 1: Implement a fully coordinated transportation system Obiective 1.1 Maximize coordination with public and private agencies and other transportation operators Objective 1.2 Coordinate efforts with Collier Area Transit Obiective 1.3 Communicate and coordinate with other counties to promote ride - sharing practices and transportation arrangements GOAL 2: Provide an efficient and effective coordinated transportation service 21 Agenda Item No. 1681 January 24, 2006 Page 36 of 113 Obiective 2.1 Increase effective use of transportation service Objective 2.2 Consistently provide on -time service Objective 2.3 Track and improve call -hold time Objective 2.4 Maximize effective transfer of individuals to the fixed -route system GOAL 3: Distribute information on Paratransit services Objective 3.1 Maximize accessibility of service information Objective 3.2 Need to utilize the Internet to provide information regarding paratransit services to the maximum extent feasible. Objective 3.3 Provision of a "Rider's Guide" to paratransit patrons covering the paratransit services offered (ADA, TD and Medicaid). GOAL 4: Operate a safe transportation system Obiective 4.1 Ensure that services are provided in accordance with CTD and FDOT standards and recommendations GOAL 5: Provide quality transportation services Obiective 5.1 Maximize accountability of service providers GOAL 6: Secure funding necessary to meet above stated goals 22 Agenda Item No. 16131 January 24, 2006 Page 37 of 113 Obiective 6.1 Explore all and any sources of funding to meet future goals of provision of service IMPLEMENTATION PLAN Three -Year Transportation Disadvantaged Improvement Program Collier County's Implementation Plan is to continue with its program of providing service with modern, clean, and efficient vehicles and equipment by utilizing ongoing upgrades and replacements within available funding capacity. Specific capital projects and activities are listed in the implementation schedule. If a paratransit trip has an origin and destination within the fixed- route, it will be necessary for the passenger to use the fixed - route, unless that patron is unable to utilize the system. This supports and emphasizes the use of fixed -route bus passes and tickets. Shifting trips to the fixed -route system will help increase capacity on the paratransit system, and reduce trip costs within the coordinated system. Table 15 provides an overview of an implementation schedule to meet the above - stated goals. Most tasks and actions should occur on an ongoing basis and are indicated as such. 23 Agenda Item No. 1681 January 24, 2006 Page 38 of 113 Table 15 Implementation Schedule Goal Improvement Due Date Goal 1: Implement a fully Upgrade software for trip coordination January 2006 coordinated transportation system Increase fixed -route utilization rate by two percent Ongoing Merge transit and paratransit operations in one CAT Ongoing facility Completed 10105 Goal 2: Provide an efficient and Increase number of transportation providers as needed to Ongoing effective coordinated provide efficient service transportation system Adopt coordination efforts as new providers are added Ongoing Continue to apply for FDOT 5310 funds for replacement Ongoing vehicles annually Coordinate with Lee County providers regarding provision Ongoing of intercounty trips Enforce cancellation /no -show policies Ongoing Enforce policies regarding co -pays for trips Ongoing Pursuance of alternative sources of funding to provide Ongoing additional trips and additional vehicles. Goal 3: Distribute information on Assess the need for Ride Guides in Spanish and Creole Ongoing Paratransit (ADA, TD, Medicaid) Spanish services complete10 /05 Continue to offer Paratransit Services information Ongoing accessible on website Adhere to the components of ride guide regarding Ongoing cancellation /no -show and co -pay policies Goal 4: Operate a safe Develop an annual safety in- service training for drivers Ongoing transportation system and dispatchers System Safety Reviews of contractors biannually, and Ongoing after any accident with fatality, major injury or major loss of vehicle Continuous review of training, mandatory annual training Ongoing and best practices Goal 5: Provide quality Strictly enforce monetary penalties for failure to provide Ongoing transportation services adequate service Expand number of providers as needed to provide quality Ongoing service Monitor equipment, vehicles and replace as needed Ongoing 24 Agenda Item No. 1681 January 24, 2006 Page 39 of 113 Goal 6: Secure funding Develop contacts with agencies that provide or coordinate Ongoing necessary to meet above stated transportation services to transportation disadvantaged goals eligible residents to determine options for future cost - sharing of trips. 25 II. SERVICE PLAN OPERATIONS ELEMENT Types, Hours and Days of Service Agenda Item No. 16131 January 24, 2006 Page 40 of 113 The Collier County CTC provides two types of transportation services to the public — a fixed -route system and paratransit service. Some paratransit service is offered curb to curb (ADA), while TD /Medicaid service is offered door to door. The fixed -route system operates seven routes, six days a week (Monday through Saturday), between approximately 4:35 a.m. and 7:20 p.m (specific times vary by route). Service is provided between Immokalee and Naples three times daily (twice on Saturdays), and a Marco Island Express service provides service between Immokalee and Marco Island with one trip in the morning and a return trip in the evening. All buses are air - conditioned, wheelchair accessible, and equipped with racks for bicycle storage. Medicaid service for those eligible TD clients is available seven days a week, 24 hours a day. TD -- and ADA service is provided during the hours when fixed route service runs. All paratransit service is provided by contracted operators. Drivers will assist anyone who appears to need assistance, especially the frail, elderly, and those who are mentally or physically disabled. Drivers will not go into a home and cannot go to rooms of nursing homes or hospitals, due to time constraints and liability issues. Office hours are from 7:30 a.m. to 5:30 p.m., Monday through Friday. After hours calls are forwarded to one of the contracted carriers who provide service 24 hours a day. Nearly all trips have an origin and destination within Collier County; however, out -of- County trips are provided for Medicaid clients. Accessing Services Calls for reservations come into a central reservations office at CAT offices. All users of the system are in a central database in the computer system. Passengers call the central reservations number to schedule an appointment. Calls for reservations are generally taken until 2:00 p.m. the day before service is desired; however, reservations may be made after that time, as circumstances dictate. During the slow summer months, there is more of a possibility of taking calls after the published cut -off times. Operator manifests are distributed to the operators by 5:00 p.m. the day before the scheduled trips. 26 Agenda Item No. 16B1 January 24, 2006 Page 41 of 113 Eligibility Individuals in Collier County can be eligible for paratransit services under three distinctive programs: Americans with Disabilities Act (ADA), Transportation Disadvantaged (TD) or Medicaid. ADA trips are provided to individuals who reside within 3/ mile of an established bus route, but cannot use CAT's regular fixed route service because of a disability. TD trips are provided for individuals located in areas where fixed route service is not available and have no other means of transportation. Please note that transportation availability in the household may eliminate eligibility for TD trips. Medicaid trips are provided for those persons who cannot travel by fixed route and have no other means of transportation. As with the TD program, transportation availability in the household my eliminate eligibility for Medicaid trips. Medicaid sponsored trips are subject to Medicaid verification. People who meet the definition of Transportation Disadvantaged and meet income criteria and have no other means of transportation may qualify for sponsorship from the Transportation Disadvantaged Trust Fund. Those seeking sponsorship from the Trip /Equipment Grant will be asked to complete an application. Prioritization It should be noted that ADA trips are not included in the Prioritization process. ADA eligible trips are provided without prioritization and cannot be denied. Coordinated Trips that are funded by the Transportation Disadvantaged Trust Fund are managed by the Community Transportation Coordinator, (CTC) according to the LCB's Prioritization Policy. The Policy ranks certain trip purposes in a priority order, and has a co -pay, based upon the passenger's income. (See Rate and Fare Structure in Section IV for a detailed explanation of co- payment/fare determination.) Funding is allocated according to a monthly spending plan. Trips are provided based on trip efficiency, seating availability, and available funding. There may be times when the CTC cannot provide every trip requested. Passengers may be asked if they could take their trip on a different day, when there may be more availability. The CTC has been directed to impose performance measures on all trip requests. Table 16 provides the trip purpose prioritization criteria used in Collier County. 27 Agenda Item No. 1681 January 24, 2006 Page 42 of 113 Table 16 Trip Purpose Prioritization Priority Trip Purpose - Categories and Definitions` Service MEDICAL — medical, dental, or therapeutic services including hospital appointments; clinic 1 visits; dialysis; health department; speech, occupational, physical therapies; psychiatric, A, W psychological services. New Pelican Transportation EMPLOYMENT -- work or employment training education such as JPTA, Job Service and 2 vocational technical schools TLC Transportation a. Permanent disability employment trips A, W, S b. Elderly or Low Income employment trips 3 NUTRITIONAL -- adult congregate meal programs, breakfast programs, food stamp A, W procurement and food shopping trips. GROUP RECREATION for Disabled Passengers -- Group trips booked through a single 4 reservation request for non - essential, non - employment related activities such as: bowling, bingo, beach, parks, restaurants, libraries, or theaters. A group is defined as a minimum of four (4) passengers having either the same trip origination or destination. SOCIAL for agency - related activity -- Support services such as those through Department of 5 Children and Families, Dept. of Vocational Rehabilitation, mental health centers, churches, senior citizen programs (excluding nutritional programs.) GROUP RECREATION for elderly or low- income passengers -- Group trips booked through 6 a single reservation request for non - essential, non - employment related activities such as: bowling, bingo, beach, parks, restaurants, libraries, theaters. A group is defined as a minimum of four (4) passengers having either the same trip origination or destination. PERSONAL BUSINESS -- non - agency activities essential to maintenance of independence 7 including banking, shopping (nonfood shopping), legal appointments, etc. a. Disabled, elderly or low income b. Trips for persons with a self- created transportation hardship Transportation Operators Collier County is a complete brokerage system contracting with four transportation operators for provision of service. Table 17 lists operators currently under contract. Table 17 Contract Providers (any info to add ?) Name .. Contact Person Service Clients'' , Caring for Kids Gabe Tejerina A, W All New Pelican Transportation A All TLC Transportation Ricardo Hoyos A, W, S All Lyons Transportation A, W All A = Ambulatory; W = Wheelchair; S = Stretcher 28 Agenda Item No. 1661 January 24, 2006 Page 43 of 113 Public Transit Utilization Public transit utilization is an integral part of the overall CTC network. All ADA, TD and Medicaid clients whose origin and destination are within the fixed route service area are required to use the fixed -route as their primary mode of transportation unless required documentation is received and approved. School Bus Utilization At this time, (fill in provider ?) utilizes school buses for the provision of TD trips. Vehicle Inventory Appendix B contains the fleet inventory for all vehicles used in the Collier County coordinated system. System Safety Program Plan Certification Appendix C contains the System Safety Program Plan Certification. Intercounty Services At this time, there are no intercounty service agreements in effect. However, the CTC and CAT are open to investigating the possibility of intercounty coordination with Lee County in order to increase efficiency. A working group with transit/paratransit representatives from both Collier and Lee Counties could begin discussions for future coordination where demand for trips has been identified. LCB members have indicated a need for coordinated service between Collier County and the Bonita Springs area is southern Lee County. Natural Disaster/ Emergency Preparedness The CTC participates with the Collier County Emergency Management Department regarding disaster /emergency preparedness. A copy of the Collier County Comprehensive Plan's Emergency Procedures (CEMP) are attached in the appendices. As noted in the CEMP, thus far, all special needs persons have been identified and a plan for evacuation exists. The plan is to identify all persons with special needs so that in the event of an evacuation, the CTC will print out a list of passengers. That list will be used as a run sheet for the operators. CAT partners with the Emergency Management Department in moving those residents identified to shelters during those times it is deemed necessary by the County. c Agenda Item No. 16131 January 24, 2006 Page 44 of 113 Marketing CAT management attends many interagency meetings in order to educate a myriad of potential users and sponsoring agencies. There are brochures /rider guides distributed to social service agencies, doctors' offices, and new riders describing the transportation services. Speaking requests are never refused. Contact information is on the side of all vehicles in the coordinated system. Acceptable Alternatives When a purchasing agency has a transportation need that cannot be met by existing coordination efforts, a system is in place to arrange coordination with the agency in an effort to meet their extenuating circumstances. 30 III. QUALITY ASSURANCE SERVICE STANDARDS Agenda Item No. 16131 January 24, 2006 Page 45 of 113 It should be noted that the Collier County LCB adopted a Transportation Disadvantaged User Guide in September 2005. It outlines the operations and standards of the paratransit program in Collier County. The complete guide is provided in Appendix D. Drug and Alcohol Testing Besides the Federal Transit Administration (FTA) Drug Program, the CTC maintains a Drug Free Workplace. All safety sensitive job positions comply with the pre - employment, randomization, post - accident, and reasonable suspicion testing requirements of the FTA. Driver Identification Drivers are required to announce and identify themselves by name and company in a manner that is conducive to communications with specific passengers, upon pickup except in situations where the driver regularly transports the rider on a recurring basis. All drivers are to have a name badge displayed at all times when transporting passengers. Drivers also have business cards that can be distributed to passengers. Seating Vehicle seating should not exceed the manufacturer's recommended capacity. Passenger Loading Assistance All drivers shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheelchair securement devices, storage of mobility assistive devices, and closing the vehicle door. Passengers, especially frail and elderly and/ or disabled, shall be assisted from the door of their pick up point to the door of their destination. Other assistance may be provided except in situations in which providing assistance would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. Drivers may not assist passengers in wheelchairs more than one step up or down. Smoking, Drinking and Eating There will be no smoking on any vehicles in the coordinated system. Eating and drinking on board the vehicle is prohibited. Passenger Property 31 Agenda item No. 16131 January 24, 2006 Page 46 of 113 Passengers will be allowed to bring up to four shopping bags onto the vehicle. Bags must fit under the passenger's seat, and/or on their lap. Child Restraints All passengers under the age of 5 and /or fewer than 50 pounds will be required to use a child restraint device. This device will be provided by the parent or sponsoring agency. Local Toll -Free Number The local toll -free phone number will be included in the complaint process. At this time there is no toll -free number for the complaint process. The local number for complaints is --------- This number will be posted on the right visor of all vehicles with numbers three inches high. The CTC will also explore other methods to communicate the phone numbers to passengers. Consumer Comments /Complaints There shall be no more than two complaints per 1,000 trips. The LCB should evaluate the CTC based upon the number of complaints that are resolved, versus unresolved. Any noticeable increase in the number of complaints as recorded in the quarterly report should be discussed by the LCB. Escorts and Children Children under age 12 or individuals requiring special assistance will be required to be accompanied by one escort. The escort must be an adult and must be able to provide necessary assistance to the passenger. Waivers may be granted on a case -by -case basis. Transfer Points Vehicle transfer points will be located in a safe, secure place. Passenger/Trip Database The CTC management entity will collect and store in a database the name, phone number, address, funding source, eligibility, and special requirements of each passenger. Billing All payments shall be paid to subcontractors within seven calendar days after receipt of payment by the CTC. Contract Monitoring The CTC will perform ongoing monitoring and an annual evaluation of the contracted operators according to the LCB's evaluation process, using applicable portions of the evaluation materials. 32 Agenda Item No. 16131 January 24, 2006 Page 47 of 113 Passenger No -Shows The Collier County LCB adopted an official "No -Show / Late Cancellation Policy in September 2005. The entire document is presented in Appendix D. All scheduled trips (reservations) must be cancelled at least 24 hours prior to the reservation date in order to avoid a penalty. The first violation in a 30 -day period calls for a warning. Additional violations will result in suspension of service. Passengers, sponsoring agencies and the TDLCB will be notified of incident of suspension of service. Three cancellations and /or no -shows in a 30 -day period are equal to one offense. Pursuant to Medicaid policy, Medicaid passengers may be suspended, but Medicaid will not pay for no -shows or cancelled trips. Disciplinary Suspension of Service First Offense (within 12 months): Second Offense (within 12 months) Third Offense (within 12 months): Fourth Offense (within 12 months): 10 -day suspension (Mon -Fri, including Sat), generally reflecting two -week suspension. 15 -day suspension (days as noted above), generally reflecting three -week suspension. 30 -day suspension (days as noted above), generally reflecting six -week suspension. Six month block suspension (example: July 1 through December 31). 33 Agenda Item No. 16131 January 24, 2006 Page 48 of 113 Training All drivers will be annually certified in First Aid. All drivers will be certified every two years in Cardiopulmonary Resuscitation (CPR). Vehicle Cleanliness The interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger. All vehicles shall be cleaned (interior and exterior) on a regular schedule. Out -of- Service -Area Trips The CTC will provide out -of- service -area trips on weekdays for medical reasons, on a case -by -case basis, dependent upon funding availability and required documentation. Vehicle Equipment All vehicles will be equipped with two -way communication devices. All vehicles in the coordinated system shall have working air conditioning and heating. Vehicles that do not have a working air conditioner and /or heater will be scheduled for repair or replacement within five days. Should a vehicle incur a problem, it will be repaired as soon as possible. The owner /operator is responsible for its repair. The priority is that the CTC provides transportation. If a vehicle's air conditioning or heating is not functioning properly, and, if there are no other vehicles available, the passengers will be transported, rather than canceling a trip. Passengers with health conditions affected by air conditioning or lack thereof will be notified if their vehicle's air conditioning is not working, and the passenger will be given an opportunity to decide whether or not to take the trip. Pick -Up Window Passengers are not given a set pick -up time. Instead, they are told to be ready for their ride to arrive up to an hour before their appointment time. The CTC may negotiate special pick -up arrangements with the customer, in advance, as the situation dictates. Passengers will be dropped off 30 minutes early to zero minutes after their scheduled appointment time, with certain exceptions negotiated in advance. Medical appointments and employment must follow the "30 minutes early to zero minutes late" policy. All return trips are scheduled in advance. There is a 30- minute window. Passengers should expect their return vehicle to arrive at the scheduled time, up 30 minutes after the scheduled return time. Passengers can expect their return trip to take up to 90 minutes from the time they are seated on the vehicle. 34 Agenda Item No. 16131 January 24, 2006 Page 49 of 113 On -Time Performance The CTC will have a 90% on -time performance rate for all completed trips. The CTC will report on- time performance at all LCB meetings. Ride Time The CTC will make every effort to abide by funding agencies' stated ride times. Passengers can expect to return home within 90 minutes of their pick -up. In situations where it becomes apparent that the ride time will exceed 90 minutes (accidents and vehicular breakdowns), the CTC will make every effort to contact the families of the passengers by telephone. Advance Reservations There will be a minimum 24 -hour notice requirement for all trips scheduled within the coordinated system. Passengers with an urgent need to travel should call the CTC. Same day trip requests cannot be guaranteed, however, the CTC will attempt to accommodate the request. Background Checks All drivers in the coordinated system must have a favorable background from the Florida Department of Law Enforcement ( "favorable" according to the Department of Children and Families policies and procedures). Public Transit Utilization There shall be a two percent utilization of coordinated trips on the fixed -route system. Accidents There should be no more than of 1.2 accidents per 100,000 miles. Roadcalls There should be no less than 10,000 miles between each roadcall. Call -Hold All calls should be answered within three rings, and maximum hold time shall be two minutes. Service Effectiveness The CTC shall attempt to: 1. Increase the number of passenger trips per vehicle hour 2. Maintain the cost per passenger trip 3. Maintain the cost per vehicle hour 35 Agenda Item No. 16131 January 24, 2006 Page 50 of 113 LOCAL GRIEVANCE PROCEDURE The adopted grievance procedure for Collier County is set forth in Appendix D. EVALUATION PROCESS CTC Evaluation Process An annual evaluation of the Collier County CTC is conducted by the LCB Evaluation Subcommittee, based on the Standards, Goals, and Objectives contained within the local TDSP and using the Evaluation Workbook of the CTD. The Evaluation Subcommittee may also conduct surveys and interviews as part of the evaluation process. For information regarding monitoring and evaluation of operators and coordination contracts, see Section III, Service Standards. 36 Agenda Item No. 1681 January 24, 2006 Page 51 of 113 IV. COST /REVENUE ALLOCATION AND FARE STRUCTURE .JUSTIFICATION COST REVENUE ALLOCATION The rate structure is based on the type of trip and geographic zones in the service area. Trips for individuals are the most costly, with centralized and subscription group trips costing less. Appendix E contains the Cost Effectiveness and Efficiency worksheets from the most recent CTC evaluation. RATE AND FARE STRUCTURE Para transit -TD- Medicaid Ambulatory Random Trip Ambulatory Group Trip Wheelchair Random Trip Wheelchair Group Trip Stretcher Trip Hourly Rate Out of Area Trip (Medicaid Only) Escort Collier Area Transit CAT full -fare one -way ticket CAT full -fare one -way ticket Marco Express CAT reduced fare one -way ticket CAT reduced fare one -way ticket Marco Express CAT full -fare 31 -day pass CAT full -fare 31 -day pass Marco Express CAT reduced fare 31 -day pass CAT reduced fare 31 -day pass Marco Express CAT all day pass CAT all day reduced pass Passenger Co -Pay (Fare) $17.75 $15.00 $27.50 $27.50 $28.50 + $1.50 /mile $45.00 Base Rate - $12.50 + $1.50 /mile $5.00 $1.00 $2.00 $0.50 $1.00 $30.00 $60.00 $15.00 $30.00 $3.00 $1.50 The co -pay is determined by which transportation program the trip is conducted under. ADA, TD and Medicaid programs all require different co -pays as outlined below. ADA Program Co -Pay 37 Agenda Item No. 16131 January 24, 2006 Page 52 of 113 Those individuals who reside within 3/ mile of an established bus route, but cannot use CAT's regular fixed -route service because of a disability. The fare for this service is $2.00 for a one -way curb -to -curb trip. Transportation Disadvantaged Co -Pay Includes qualifying individuals located in areas where fixed route service is not available and who have no other means of transportation. Transportation availability in the household may eliminate eligibility. The fare for TD trips is based on an income scale. The fare is $2.00, $3.00, $4.00 or $6.00, per one way trip. The current TD co -pay rates are presented in Table 18 below. Table 18 2005 Passenger Co -Pay Rates r if Source: 2005 Federal Poverty Guidelines, as published 18 Feb. 2005 in the Federal Register Medicaid Program Co -Pay 38 income is income is w wuacw�aa Income isr o.vuc w. under F,�" 151% t6225%, +337% of " 10�9�° to, the Poverty 22B% to: - the Poverty Poverty, :'; ' , 150 °k t evel , 337% Level .. " Level .; �: of the : of the . Poverti ' Poverty 2 Level;:- Level � 1 $ 9,570 $9,570 $9,571- $14,356- $21,534- $32,252+ $14,355 $21,533 $32,251 2 $12,830 $12,830 $12,831- $19,246- $28,869- $43,238+ $19,245 $28,868 $43,237 3 $16,090 $16,090 $16,091- $24,136- $36,204- $54,234+ $24,135 $36,203 $54,223 4 $19,350 $19,350 $19,351- $29,026- $43,539- $65,211+ $29,025 $43,538 $65,210 5 $22,610 $22,610 $22,611- $33,916- $501874- $76197+ $33,915 $50,873 $76,196 6 $25,870 $25,870 $25,871- $38,806- $581209- $871183+ $38,805 $58,208 $87,182 7 $29,130 $29,130 $29,131- $43,696- $651644- $98169+ $43,695 $65,643 $98,168 8 $32,390 $32,390 $32,391- $48,586- $72,879- $109,155+ $48,585 $72,878 $109,154 Source: 2005 Federal Poverty Guidelines, as published 18 Feb. 2005 in the Federal Register Medicaid Program Co -Pay 38 Agenda Item No. 1681 January 24, 2006 Page 53 of 113 CAT provides trips for Medicaid eligible services for those persons who cannot travel by fixed route and have no other means of transportation. Transportation availability in the household may eliminate eligibility. Medicaid sponsored trips are subject to Medicaid verification. Medicaid requires a $1.00 fare, or co -pay for a one -way trip. 39 Agenda Item No. 16131 January 24, 2006 Page 54 of 113 V. PEER AND TREND ANALYSIS CTC TREND ANALYSIS A trend analysis was completed to compare the performance of the Collier County CTC over time. The purpose of the analysis is to examine the performance of the CTC over the past five fiscal years. The trend comparison analyzed data for fiscal years 2000 through 2004. Table 19 shows the performance indicators and measures for each of the five fiscal years. This trend analysis represents a combined set of statistics for all TD transportation services coordinated through the CTC, including TD and Medicaid paratransit, and subscription service. Fixed -route service in Collier County began in the Spring of 2001. The first measure shown in Table 19 is total passenger trips, which includes all passenger trips provided or coordinated by the CTC. The number of total trips has increased incrementally during the trend period. This is a positive change from the last TDSP in 2002, when total trips had decreased by 45 percent during the fiscal years 1997 -2001. Total vehicle miles and total revenue miles have increased during the trend, as well. From FY 2000 to FY 2004, total vehicle miles increased by 14 percent, whereas total revenue miles increased by nearly 13 percent. With the increase in passenger trips over the trend period, this result makes sense. Vehicle miles per paratransit passenger trips could be assumed to represent the average trip length of paratransit trips provided under the coordinated system in Collier County. This trend has decreased steadily over the five -year period. 40 Agenda Item No. 16131 January 24, 2006 Page 55 of 113 Table 19 Trend Analysis for Collier County CTC Measure FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 % Change (2000 -2004) Total Passenger Trips 90,692 108,815 117,724 122,028 142,351 +56.9% Total Vehicle Miles 1,159,722 1,260,486 1,251,412 1,327,845 1,324,316 +14.2% Total Revenue Miles 1,031,283 1,125,704 1,132,666 1,172,986 1,169,290 +13.4% Vehicle Miles per Paratransit Passenger Trip 12.79 11.58 10.63 10.88 9.30 -27.3% Operating Expense per Paratransit Passenger Trip $17.86 $14.62 $14.25 $17.40 $12.76 - 28.6% Operating Expense per Vehicle Mile $1.40 $1.26 $1.34 $1.59 $1.35 -3.6% Accidents per 100,000 Vehicle Miles 0.43 0.40 0.72 0.53 0.91 +111.6% Vehicle Miles between Roadcalls 26,970 23,783 22,347 36,885 30,098 +11.6% Percentage of Local Revenue Per Total Revenue) 37.53% 41.92% 20.56% 23.94% 24.28% - 35.3% Source: Florida Commission for the Transportation Disadvantaged: Annual Performance Reports, 2000 -2004. The next two measures in Table 19 measure the cost efficiency of the services provided and coordinated by the CTC. Operating expense per paratransit passenger trip has experienced a 28 percent decrease, from $17.86 in FY 2000 to $12.76 in FY 2004. This is to be expected, given the decrease in vehicle miles per passenger trip. In contrast, operating expense per vehicle mile has decreased by just 3 percent over the period. Quality of service and safety measures are also included in Table 19. The accidents per 100,000 vehicle miles item measures a transportation system's safety. Unfortunately the trend has been for accidents to increase over the five -year period. However, the accident rate has remained lower than the 1.2 accidents per 100,000 miles standard that appears in the TDSP. The quality of service measure that is included in Table 19 is vehicle miles between roadcalls (or service interruptions). Quality of Service in Collier County has fluctuated over the five -year trend period, but has increased by almost 12 percent from FY 2000 to FY 2004. Finally, the measure related to local revenue collected within the coordinated system has decreased by almost 36 percent over the five -year trend period. During FY 2001, local revenue was at its highest rate (41.92 %), whereas FY 2003 shows the lowest percentage of local contribution (nearly 24 %). 41 Agenda Item No. 1661 January 24, 2006 Page 56 of 113 These trends illustrate the performance of the CTC over a five -year trend period. Many factors and policies can affect these numbers; as such, they are presented for information purposes only. CTC PEER REVIEW ANALYSIS In this section, demographic characteristics of Collier County are compared to those of peer Community Transportation Coordinators in Florida. In addition to a comparison of demographic characteristics, the review will compare performance measures within the Transportation Disadvantaged program. Collier is compared to its CTC peers, which were selected based on its similarity with peers in the following five categories: • Demographic characteristics • System size (measured in terms of annual TD ridership) • Operating environment (urban or rural service area designation) • Organization type (transit agency, government, private non - profit, or private — for- profit) • Network type (sole provider, partial brokerage, or complete brokerage). According to the Evaluation Workbook for Community Transportation Coordinators and Providers in Florida, prepared by CUTR, the Collier County CTC is categorized as a "size 4" system (100,000 — 199,999 annual one -way passenger trips) that operates in an urban service area (contains an urbanized area, with a population of over 50,000), is organized as a governmental entity, and coordinated TD trips as a complete brokerage. The three counties that were selected for the Collier County CTC peer review include: Alachua, Martin and Okaloosa. Although these CTCs are not identical to Collier, they generally share similar demographic and systemic characteristics, as shown in Table 20. All three peer CTCs operate in urban service areas. Two of the peer CTCs are organized as private non - profit entities (Martin and Okaloosa); each peer coordinated trips differently during the reporting period. Alachua is a complete brokerage, Martin is a sole source provider, and Okaloosa is a partial brokerage. Collier operated as a governmental entity and brokered all trips. Comparative Demographics - Table 20 contains information for each of the peer counties on total population, potential transportation disadvantaged population, population density, median age, and per capita personal 42 Agenda Item No. 1681 January 24, 2006 Page 57 of 113 income. As shown in Table 20, Collier County is above the peer group mean in total population, potential TD population, total square miles, median age, and per capita personal income. Collier is below the mean in population density, which means they have more miles to serve, with less population concentration, reducing opportunities for multi - loading. Table 20 Demographics of Peer CTCs Characteristic Alachua Martin Okaloosa Mean Collier Total Population (2004) 223,578 135,122 178,104 178,935 286,634 Potential TD Population 83,707 57,550 49,837 63,698 103,718 Total Square Miles 969 677 996 881 2,115 Population Density (Pop /Sq. Mile) 231 200 179 203 136 Median Age (2000)2 29.0 47.3 36.1 37.5 44.1 Per Capita Personal Income $24,507 $40,186 $26,501 $30,398 $40,121 'From 2001 Annual Performance Report prepared by the Commission for the Transportation Disadvantaged, based on forecasts using Methodology Guidelines for Forecasting TD Transportation Demand at the County Level 2 US Census Data, 2000 'Bureau of Economic Analysis, www.bea.doc.gov /bea /regional /data.htm Comparative Performance Performance measures for FY 2004 were calculated for Collier and each of its peer CTCs and are shown in Table 21. In general, Collier provides, on average, fewer total passenger trips and fewer trips per TD capita than its CTC peers. However, Collier's vehicle miles per passenger trip is 32 percent greater than its peers. However, its cost per paratransit passenger trip is below the peer mean and its operating expense per vehicle mile is less than the peer group mean, and is the lowest in the peer group. In terms of safety and quality of service, Collier County's measure for accidents per 100,000 vehicle miles is 30% higher than the mean, and its vehicle miles between roadcalls was lower than the mean, indicating a lower number of roadcalls. Collier ranked highest among its peers and nearly twice the peer group mean for local government revenue ratio (local government revenue divided by total operating expense), indicating a high degree of local government commitment to Collier County's TD service. 43 Agenda Item No. 1681 January 24, 2006 Page 58 of 113 44 Agenda Item No. 1681 January 24, 2006 Page 59 of 113 Table 21 Performance Measures for Peer CTCs (FY 2004) Measure Alachua Martin Okaloosa Mean Collier Passenger Trips 184,200 151,854 164,946 167,000 142,351 Passenger Trips per TD Capita 2.2 2.7 3.0 2.6 1.4 Vehicle Miles per Passenger Trip 9.6 4.9 6.5 7.0 9.3 Operating Expense per Paratransit Passenger Trip $15.08 $13.86 $10.30 $13.08 $12.74 Operating Expense per Vehicle Mile $1.55 $2.82 $1.59 $1.99 $1.35 Accidents per 100,000 Vehicle Miles 1.36 0.54 0.19 0.70 0.91 Vehicle Miles between Roadcalls not reported 6,732 82,209 44,471 30,098 Local Govt. Revenue Ratio 14.7% 19.6% 4.3% 12.9% 24.3% CONCLUSIONS Overall, the peer comparison reveals that Collier is performing well among the CTC peer group. While offering less passenger trips, Collier County spends less than the peer average to deliver service, and costs less on a per mile basis than its peers. While the accident rate is slightly higher in comparison to the peer group, it is still below the adopted standard of 1.2 accidents per 100,000 miles. These comparisons provide helpful insight into how well Collier County appears to be performing statistically; however, since many factors affect performance, they should not be used as the sole measures to make inferences about the quality of Collier's paratransit service. 45 Agenda Item No. 16131 January 24, 2006 Page 60 of 113 APPENDICES APPENDIX A Local Coordinating Board Certification APPENDIX B Vehicle Inventory APPENDIX C System Safety Service Plan Certification APPENDIX D Grievance Procedure TD User Guide No Show /Cancellation Policy TD Eligibility Criteria APPENDIX E Cost Effectiveness Worksheets 46 APPENDIX A Local Coordinating Board Certification Will be inserted here after LCB adoption Agenda Item No. 16131 January 24, 2006 Page 61 of 113 47 r CO Cl) r SgQ-9 `- O N CO E L N co cm ^^co C rCpM MCD Cp O r O Octm z N C.0 E i CU O co m ..�co C a_ CII @ C CU O El J 0 Z LL1 IL a Q m m O C"l m W DCO M J M V U C 00 m O O V C) N O m h I- C Ili m � m U) � O V O O I .� '3)1 L` O M O N O M m O N W >. 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T .Q ) W cu U) U _ 0 >> 0 0 0 0@ 0 0 0 0 0 0 0 0 0 0 LL LL LL LL LL LL LL LL LL LL LL LL LL LL Z N v W C > c6 Z_ L O W J Q U CC� C ' ,*- N N N M M M M M �t V' W (� O O 0 0 0 0 0 O O O O O O O O z } O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N Agenda Item No. 1661 January 24, 2006 Page 64 of 113 APPENDIX C APPENDIX C System Safety Service Plan Certification Comprehensive Plan Emergency Procedures Agenda Item No. 16B1 January 24, 2006 Page 65 of 113 Evacuation Evacuation zones and clearance times: Because of the unique threat posed by each tropical cyclone, there are no static evacuation zones. The storm surge map is a planning tool used to identify vulnerability to the water threat by a certain level of tropical cyclone intensity and not an evacuation zone map. The Emergency Management Director makes his evacuation zone recommendations to the Board of County Commissioners to act upon. During tropical storm or hurricane events, all evacuation measures must be taken before the arrival of sustained tropical storm force winds, (i.e., greater than 45 miles per hour). After that time power lines, trees, etc. will start falling. All public safety personnel will seek shelter at this time. a. Primary and Secondary Evacuation Routes - The primary evacuation routes out of the county are I -75 and US -41 north and eastbound, CR 846 (Immokalee Road) and SR 29. The normal flow of traffic, under most circumstances, will not be changed if the decision to evacuate is issued with sufficient time. Using the Public Transportation System: At the time that either a voluntary or mandatory evacuation is made, Collier Area Transit (CAT) buses, supplemented by the Collier County Public School District bus fleet, will be used to help facilitate the general population evacuation. The evacuation buses will follow the normal CAT routes (depicted on the map below) and deposit passengers at the VoTech Transfer Station to be shuttled to a designated shelter. Per special arrangements with the hotels and fire departments in Ochopee and Immokalee, additional express bus services will be provided for the service industry workers who live in Immokalee and for the communities around Immokalee and the communities near the intersection of US -41 and SR -29, including Everglades City. Evacuation bus services will cease with the arrival of the anticipated sustained winds of 30 miles per hour. When the weather conditions are safe after the departure of the storm, those shuttled to a shelter will be returned to the Transfer Station or community from which they came. Figure 17, Hurricane Shelters b. Registration and Evacuation of People with Special Needs - The County maintains a registry of individuals who have special transportation and /or sheltering needs. The County's "Special Needs Shelter SOG" serves as guidance for the transportation and sheltering of special populations. Special Needs population evacuations have precedence using the Collier County Public School District bus fleet assets. C. The Collier County Emergency Management Department maintains a listing of mobile home parks and marinas. The most recent listings are updated in July of each year and are incorporated into this plan by reference (as are future updates). Mobile home park and marina listings are maintained in the Directors office. These listings will be reviewed and updated prior to July 1 of each year. Agenda Item No. 16131 January 24, 2006 Page 66 of 113 d. Collier County has neither draw nor swing bridges. e. Re -entry: The incident commander or executive group, depending on the incident, will permit re -entry into an area according to the following guidelines: (1) No damages reported: Upon cancellation of all warnings and watches which include Collier County, and when no damage has been reported, re -entry will be authorized. (2) Substantial damages and /or injuries: After a countywide state of emergency which has resulted in substantial injury or harm to the population or substantial damage or loss of property, the evacuation order within those areas of Collier County that previously existed will be rescinded to the degree appropriate. An orderly return may be implemented in accordance with the levels and in order of priority as established below: • Level One: Search and rescue teams operating under ESF 9, fire personnel operating under ESF 4, law enforcement personnel operating under ESF 16, transportation crews operating under ESF 1, utilities personnel operating under ESF -3, and Health under ESF -8. • Level Two: Damage assessment teams and elected officials dispatched under Rapid Impact Assessment, Rapid Response, ESF -8, and Recovery operations for the purpose of making preliminary determinations related to accessibility and safety hazards in the evacuated area(s). • Level Three: Clean -up teams, operating under ESFs listed above for the purpose of clearing and repairing roads, restoring utilities, and eliminating safety hazards to the degree necessary to allow re -entry to the evacuated area. 4 Agenda Item No. 16131 January 24, 2006 Page 67 of 113 • Level Four: Individuals who possess and exhibit appropriate residency documentation shall be determined "priority class parties." Priority Class parties will be given a reasonable time to return to their property (home or business) to survey damage and secure the property. Collier County has adopted a color -coded reentry sticker identification system in order to accelerate the reentry process once it has been determined that it is safe to do so. • Level Five: Complete accessibility shall be restored as soon as practicable. 4. Sheltering (See ESF 6) - a. Storm Surge Vulnerability Storm surge areas are assessed using the SLOSH models. See Figure 18, Landfalling Storm Surge, for communities whose boundaries closely approximate SLOSH zones. Additionally, Figure 19, Special Flood Hazard Areas, shows the areas within the county prone to flooding due to heavy rains. b. —Risk & Host Sheltering Figure 17, Hurricane Shelters, depicts County and American Red Cross shelters for evacuees from "at risk" areas. Three buildings, not listed or depicted, have been identified on Marco Island as host shelters for those seeking refuge from outside "risk areas ". Please note that not all shelters will be opened. The Emergency Management Department, in consultation with the American Red Cross, will decide which shelters to open based on the characteristics of the storm and the community at risk. Agenda Item No. 16B1 January 24, 2006 Page 68 of 113 Agenda Item No. 16131 January 24, 2006 Page 69 of 113 APPENDIX D Grievance Procedure TD User Guide No Show /Cancellation Policy TD Eligibility Criteria Collier Area Transit Transportation Disadvantaged Program Grievance I Appeal Policy Agenda Item No. 1681 January 24, 2006 Page 70 of 1.13 Procedures Collier County Government's Transportation Department is the Community Transportation Coordinator for Collier County. Collier County's Alternative Modes of Transportation Department has directed that Collier Area Transit's Transportation Disadvantaged Program handle the responsibilities as the Community Transportation Coordinator for Collier County citizens. Under Collier Area Transit's Transportation Disadvantaged Program, the following programs are managed: ADA — Americans with Disabilities Act People who reside within 3/< miles of a CAT bus route, have transportation that falls within CAT service schedule, but cannot access the bus system due to a disability. Transportation Disadvantaged (TD) People who reside in areas where the CAT bus routes are not available, and who have no other means of transportation. Medicaid Medicaid eligible people who cannot travel by the CAT bus routes, and have no other means of transportation. Agencies People whose trips are funded under a negotiated agency contract. As part of Collier Area Transit's Transportation Disadvantaged Program we determine program eligibility, provide management for the provision of service, and administer the Transportation Disadvantaged Local Coordinating Board's No Show / Cancellation Policy. - If you are not satisfied and / or disagree with a decision such as eligibility for a program, have a complaint on service delivery, or you disagree with a no -show / cancellation violation, you have Agenda Item No. 16B1 January 24, 2006 Page 71 of 113 an option filing a grievance or to request an appeal. The process to file a grievance, or to request appeals are as follows: STEP ONE: Contact the Superintendent of Paratransit. The Superintendent of Paratransit will investigate your concern and provide a response. Superintendent of Paratransit Collier Area Transit's Transportation Disadvantaged Program 2901 County Barn Road Naples, FL 32112 Telephone: Insert Telephone Fax: Insert Fax STEP TWO: Contact the General Manager of Collier Area Transit. The General Manager will review your case and provide you a written response. General Manager Collier Area Transit's Transportation Disadvantaged Program 2901 County Barn Road Naples, FL 32112 Telephone: 239 - 596 -7777 Fax: 239 - 592 -5763 STEP THREE: Contact the Collier County Transportation Department's Public Transportation Coordinator I Senior Planner. Public Transportation Coordinator / Senior Planner Collier County Transportation Department 2885 Horseshoe Drive South Naples, Florida 34104 Phone : 239.774.8192 (Front Desk) FAX: 239.213.5899 (Main Fax) E -Mail : AltTransModes @colliergov.net Agenda Item No. 1661 January 24, 2006 Page 72 of 113 STEP FOUR: Contact the Collier County Alternative Modes of Transportation Director. Alternative Modes of Transportation Director Collier County Transportation Department 2885 Horseshoe Drive South Naples, Florida 34104 Phone : 239.774.8192 (Front Desk) FAX: 239.213.5899 (Main Fax) E -Mail : AltTransModes @colliergov.net You may call the Florida Commission for the Transportation Disadvantaged Ombudsman Hot Line: 1- 800 - 983 -2435. IV Collier Area Transit Transportation Disadvantaged User Guide Insert telephone number CAT 239- 596 -7777 RESERVATIONS CUSTOMER SERVICE Insert telephone number TDD Florida Relay for ASCII Callers 1 -800 -955 -1339 RESERVATIONS FAX Insert telephone number THIS GUIDE IS AVAILABLE IN AN ACCESSIBLE FORMAT UPON REQUEST Agenda Item No. 1681 January 24, 2006 Page 73 of 113 Agenda Item No. 16131 January 24, 2006 Page 74 of 113 INTRODUCTION Collier Area Transit's Transportation Disadvantaged Program is a door -to -door shared -ride Paratransit Service. This service operates under the name of Collier Community Transit, known as CCT. Since the service is provided from door -to -door, you must be on the ground floor to be picked up for your transportation. In addition, shared -ride means your trip could involve stopping to pick up or drop off other customers along the way. This special service is provided only for those individuals who cannot use CAT's regular fixed route bus service because of a disability or when fixed route service is not available in your area and you have no other means of transportation. To become qualified for this special service a completed application must be submitted to CAT for processing and determination of eligibility. When making a reservation for service, please keep in mind a local trip (within the same service area) can take up to one hour. Trips from one service area to another can take up to two hours. Who is eligible to use CAT's Transportation Disadvantaged Program? CAT is intended to serve a limited group of people, specifically those sponsored under the following: • Americans with Disabilities Act (ADA): Those individuals who reside within 3/ mile of an established bus route, but cannot use CAT'S regular fixed route service because of a disability. The fare for this service is $2.00 for a one -way trip. • Transportation Disadvantaged (TD): Includes qualifying individuals located in areas where fixed route service is not �I Agenda Item No. 16B1 January 24, 2006 Page 75 of 113 available and who have no other means of transportation. Transportation availability in the household may eliminate eligibility. The fare for TD trips is on an income scale. The fare is $2.00, $3.00, $4.00, or $6.00, per one -way trip. • Medicaid: CAT provides trips for Medicaid eligible services for those persons who cannot travel by fixed route and have no other means of transportation. Transportation availability in the household may eliminate eligibility. Medicaid sponsored trips are subject to Medicaid verification. Medicaid requires a $1.00 fare, or co- payment for a one -way trip. • Agencies: Includes people whose trips are funded under a negotiated agency contract. CAT's staff will determine the funding category appropriate for each customer. If you have questions about your eligibility status, please call CAT's staff at insert telephone #. What groups make up CAT's staff? • Collier Area Transit (CAT): Collier Area Transit (CAT) provides fixed route public transportation throughout Collier County. Please see CAT bus schedule for further information. • A Transportation Disadvantaged Local Coordinating Board ( TDLCB): The TDLCB is established under Florida Statute to oversee the delivery of paratransit services, resolve customer disputes and monitor quality of service. • The Community Transportation Coordinator (CTC): CAT under direction from Collier County, acts as the CTC for Collier County, coordinating and providing many of the transportation needs for ADA, TD and Medicaid eligible customers. Vii Agenda Item No. 1681 January 24, 2006 Page 76 of 113 • Private Contractors: These operators provide services under contract with CAT. To explain the services offered to you by CAT, we have prepared the following USER GUIDE to help plan your trips and to make your transportation run as smoothly as possible. It is important that you take the time to read this guide completely to avoid any misunderstandings about the services offered by the system. Viii Agenda Item No. 16B1 January 24, 2006 Page 77 of 113 Agenda Item No. 1681 January 24, 2006 Page 78 of 113 ✓ERVIEW OF SERVICES Although CAT serves all of Collier County, certain restrictions may apply to the trips provided. These limitations may impact the times you can travel or the destinations that may be available to you. SERVICE AREAS The Transportation Disadvantaged Program services the following areas: Naples Service Area — City of Naples, North Naples, East Trails, Golden Gate City. Golden Gate Estates -city of Immokalee What service is available for trips in between service areas? Trips between service areas are very limited and it is important to check the times of operation before you schedule your appointments. Please call the Reservation Department to determine what times the vehicles operate between Service Areas. DESTINATIONS CAT through the Transit Disadvantaged Program service provides specialized transportation throughout Collier County. However, some travel limitations may exist based on the category of each qualified applicant. It's important that each of our customers understand the services available to them. Where may I travel? Agenda Item No. 1681 January 24, 2006 Page 79 of 113 Depending on the program you are eligible for, some service restrictions me apply as a result of Federal or State regulations. Customers who qualify for service under ADA may only schedule trips that begin and end in the ADA Corridor. The corridor is an area within 3/4 of a mile on either side of a fixed bus route. While you may be certified to ride CAT's Transportation Disadvantaged Program, all destinations in Collier County may not be within the ADA corridor. CAT's Transportation Disadvantaged clients who qualify under the Transportation Disadvantaged program are those individuals located outside of the ADA corridor. These clients are permitted to schedule trips countywide. Medicaid recipients may travel only to those services qualified under their program of coverage. This may include out -of- county trips with prior approval. People traveling under Agency sponsored trips are only authorized to take trips as arranged by the particular agency sponsoring the trip. HOLIDAY SCHEDULES The Transportation Disadvantaged Program does not operate on the following holidays: New Year's, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas Day. ELIGIBILTY While some people might prefer to use CAT's Transportation Disadvantaged Program rather than a fixed route bus, this specialized service is designed to assist only those individuals who cannot access CAT's regular fixed route bus service because of a disability or when fixed route service is not available in your area and you have no other means of transportation. In order to determine whether or not a person is best served with CAT's Transportation Disadvantaged Program, an eligibility process has been established. 5 Agenda Item No. 16B1 January 24, 2006 Page 80 of 113 THE APPLICATION PROCESS Any resident of Collier County may request an ELIGIBILITY APPLICATION from CAT by calling one of the phone numbers printed on the front of this guide. The Eligibility Application must be FILLED OUT COMPLETELY to be considered for transportation services from CAT. If you need assistance completing your application CAT staff members are available to help. The completed application will be reviewed by CAT and a determination of eligibility will be made based on the information provided. A staff interview or assessment may be required to complete the process. The eligibility process can take up to twenty -one (21) days to complete. If you qualify for CAT's Transportation Disadvantaged Program, the scheduling of future trips is a quick and easy process. VISITORS WITH DISABILITIES 4' T provides complementary paratransit service to individuals who travel to jollier County and are eligible for services under the Americans with Disabilities Act (ADA). If these individuals have been certified as "ADA Paratransit eligible" by a public entity, that certification will be honored for up to 21 days. If they have not been certified as eligible by another public entity but claim that they are ADA Paratransit eligible, they are entitled to "presumptive eligibility" for up to 21 days. If service is needed beyond this period, individuals will be required to apply for eligibility in the area they are visiting. RECERTIFICATION REQUIREMENTS To ensure that we are able to provide the best possible service, CAT must maintain current and accurate records. Therefore our customers are subject to recertification every three (3) years (with the exception of temporary certifications). ..TRAVEL ASSISTANCE 0 Agenda Item No. 16131 January 24, 2006 Page 81 of 113 Many of our customers require assistance during their travel. While drivers a able to provide assistance to and from the vehicle, some customers require more personalized care. This section of the Guide addresses customer's needs that extend beyond the responsibility of the driver. How old must someone be to use the Transportation Disadvantaged Program? AGE REQUIREMENTS Children under the age of six (6) years MUST have an escort. Children under the age of four (4) years and /or under the weight of 45 lbs. will be required to use a child restraint device. Due to the cost of purchasing, maintaining and replacing the devices and for sanitary reasons related to the transmittal of communicable diseases, these devices must be provided by the accompanying adult or escort. What if I need an assistant to travel with me? PERSONAL CARE ATTENDANTS Children under the age of six (6) and individuals requiring special assistance while en -route must have an escort /personal care attendant (PCA). The PCA must be able to provide the necessary assistance to the passenger and will be transported free. Only one PCA may ride free of charge. In cases where it is not evident the individual needs an escort, medical documentation stating the reason an escort is needed will be required. The PCA will be traveling with the passenger to assist with life- functions and to facilitate travel. Although a PCA may travel with a customer, the driver still has a responsibility to assist from door -to -door. Both the PCA and the rider must be picked up and dropped off at the same address. A PCA request must be approved on the initial application in order to be eligible to travel with a rider. To be eligible for a PCA, a physician or other qualified professional must include this information on your application. The informatic- provided must state the functional limitations that require you to have additione,, Agenda Item No. 16B1 January 24, 2006 Page 82 of 113 >sistance. If your physical status changes after the application is approved without a PCA being authorized, and one is now required, a letter must be submitted from a physician or other qualified professional stating that you now require a PCA. When do we require a PCA or escort? Agencies who schedule trips for children under the age of six (6) will be responsible for providing escorts or bus aides if a parent or guardian does not accompany the child. A parent or guardian escorting an under -age child may not bring additional children unless the other children have a scheduled reservation and will be receiving a service. Drivers are available to assist passengers from the door of their pick -up location to the door of their destination. However, we require that passengers needing additional attendance upon reaching their destination also travel with an escort. COMPANIONS One companion may accompany an ADA eligible rider. However, both must be picked up and dropped off at the same address. Accompanying companions pay the same fare as the eligible rider. When making a reservation, you must indicate a companion is traveling with you. RESERVING YOUR TRIP Due to the volume of customers served by CAT's Transportation Disadvantaged Program service each day, trips must be called in ahead of time to allow for proper scheduling. Y,Vho do I call for service? Agenda Item No. 16B1 January 24, 2006 Page 83 of 113 CONTACTING RESERVATIONS You may request a trip by calling the Reservations Department using the telephone numbers printed on the front of this guide. Requests for NEXT DAY service must be called in by 2:00 p.m. on the day preceding your trip. Same day service is not available. Trips may also be booked up to two (2) weeks in advance by calling the reservation department. What do I do if the phone lines are busy? Because of the number of trip requests we receive on a daily basis, our phone lines are sometimes busy. When you call to make a reservation for service and hear a recording, please stay on the line and the next available reservationist will be happy to assist you. Please note that our busiest hours are from 8:00 am to 10:00 am and from 12:00 noon to 2:00 pm. The best time to call during the we( is between the hours of 10:00am and 12:00pm or after 2:00pm What information will I need to provide when I call to make a reservation? REQUIRED INFORMATION When you call for an appointment please have the following information available: • Pick up location - name, phone number, address apartment number, town or city and zip code. • Destination o Street address (including: town or city & zip code) o Phone Number o Doctor's Name o Office or Suite Number o Name of Facility if applicable. • Appointment Time and Return Time. including building and 9 Agenda Item No. 16B1 January 24, 2006 Page 84 of 113 Medicaid Number, if applicable. • Please inform the reservationist if you require a personal care attendant (PCA) on your trip and specify whether the PCA is ambulatory or in a wheelchair. • Also, please inform the reservationist of any additional travel requirements needed to schedule your trip such as traveling with a service animal. • Return trip information - exact location and time (see section on return trips for details). Always give the reservationist the time you need to be at your destination or the time of your health care appointment. Since your vehicle will pick up several customers, trips are scheduled based on your appointment time. There is a pick- up window that requires passengers to be ready up to one (1) hour in advance of their scheduled appointment time. This means that if you have a 9:00 a.m. appointment you may be picked up as early as 8:00 a.m. If you are traveling from one service area to another, you should be ready for your trip two (2) hours prior to your appointment. What about scheduling my return trip? RETURN TRIPS When you schedule your transportation, you MUST also schedule your return trip. Return trips that are not scheduled in advance will not be accepted. CAT will be better able to accommodate a change in your return trip if we are notified promptly. Please contact CAT as soon as possible to inform us about a change to your trip. If you are not ready at your scheduled return time you may have to wait for a return ride to become available. Therefore it's important to schedule your return trip late enough so that you are sure you will be ready when your vehicle arrives. When making your doctor's appointment, please inform the physician's office that you are riding on public transportation and that you need to be ready to return -- hen hen the vehicle arrives. 10 Agenda Item No. 16B1 January 24, 2006 Page 85 of 113 In most cases, you will be picked up at the same location you wer dropped off. If for some reason the pick -up location is different, be sure to teii the reservationist exactly where You will be waiting for your return trip The driver will be qiven this information and will be looking for You at that location._ Do not leave the area or you could miss your ride Please be advised that the one (1) hour delivery window applies to all return trips. If you are ready for your return trip more than one (1) hour before it is scheduled, you may contact CAT to request an earlier pick -up. If you wait more than one (1) hour after your scheduled pick -up time, call one of the phone numbers on the front of this guide and a representative will assist you. Calling within the pick -up window will not expedite your trip. Vehicles will only stop at pre- determined origin and destination points. Drivers will not make additional stops except in an emergency. SUBSCRIPTION SERVICE A standing order or subscription service can be established when a customer regularly travels to and from the same destination (three or more times a week) at the same times. You will save time by submitting a standing order; however you must contact the reservation department immediately if your plans change to avoid being charged with a cancellation or a no -show. When are the best times to ride on the system? The CAT Transportation Disadvantaged Program operates on the public roads and highways. Occasionally our vehicles will run behind schedule during periods of peak demand such as special events, during rush hour, or during inclement weather. Your trip will have fewer problems if you avoid peak travel periods. TAKING YOUR TRIP 11 Agenda Item No. 16131 January 24, 2006 Page 86 of 113 FARE INFORMATION Fares will depend upon your sponsorship or funding source. Your reservationist will tell you the cost of your trip when your reservation is made. The driver will collect the fare from you when you board the vehicle. You must have the exact change. Drivers do not carry money and will not make additional stops to get change. Failure to pay the appropriate fare may jeopardize your transportation eligibility. Please do not tip the drivers. What type of vehicle will pick me up? DRIVERS AND VEHICLES The Vehicles are designed to accommodate ambulatory, wheelchair and 11retcher customers. Please note: stretcher service is available for Medicaid customers only. Drivers are not responsible for charging, connecting or disconnecting any equipment used by a customer. Please ensure all equipment is functioning properly and independently prior to starting your trip. To achieve the goals of shared -ride transportation, customers are expected to share transportation with other customers. Customers may not request a specific transportation provider. When you request service, you may be scheduled to ride with any of our providers. Drivers are required to wear uniforms and picture identification badges. All vehicles are plainly marked with the name of the company in a prominent location. (Community Transportation and /or CAT) We provide door -to -door paratransit service. Our drivers are trained to help *moose who require assistance to and from the vehicle. We do not enter a ,arson's home or a person's room at a living facility. In addition, we do not 12 Agenda Item No. 16B1 January 24, 2006 Page 87 of 113 go above the first floor of a multi - family residence The customer must k waiting on the ground floor in the lobby or at the main entrance. Our vehicles are equipped to transport common wheelchairs (or scooters), however the customer must have their own wheelchair. A common wheelchair is one that does not exceed 30 inches in width and 48 inches in len th measured two inches above the ground) and does not weiqh more than 600 pounds when occupied. Wheelchair customers must be on the first floor with no more than one (1) step from the entrance of the residence to ground level. If there is more than one (1) step to negotiate, an accessible ramp must be installed in order to accommodate the customer. In addition, customers in wheelchairs must have an accessible boarding area on which the lift can safely be deployed and the area leading up to the boarding area must be firm to accommodate the approach to the wheelchair lift. Grass, gravel and soft sand are not acceptable surfaces. WHEELCHAIRS MUST BE EQUIPPED WITH FOOT RESTS. OXYGEN TRANSPORT Travel with oxygen equipment is permitted providing that it is self- administered and can be safely stowed when the vehicle is en- route. Drivers are not permitted to supply, connect or disconnect oxygen. PERSONAL BELONGINGS Passenger property that can be carried by the passenger and /or the driver in one trip and can be safely stowed on the vehicle shall be allowed to be transported with the passenger. WILL CALL From time to time, a passenger may not be ready to make their return trip whe. the service vehicle arrives. If this happens, the passenger will be placed into "wi„ 13 Agenda Item No. 1661 January 24, 2006 Page 88 of 113 _.. 11111 status. This means that you must contact our office when you are ready for your return trip and you will be picked up as soon as a vehicle is available. What if I decide not to travel after making an appointment? CANCELLA77ONAND NO- SHOWPOUCY Collier Area Transit's Transportation Disadvantaged Program recognizes that occasionally situations will arise that result in the passenger needing to cancel, or becomes unable to utilize a scheduled trip. It is also recognized that frequent cancellation of trips, and / or no shows of scheduled trips result in costly, and negative impacts to the Transportation Disadvantaged Program. The Transportation Disadvantaged Local Coordinating Board approved a No Show / Cancellation Policy to identify those who habitually cancel, or who are "no- show" for a schedule trip. 1e goal of the Transportation Disadvantaged Local Coordinating Board is not to lose passengers, or to punish the occasional passenger who mistakenly misses a schedule trip. The goal is to educate the passengers of the policy to reduce the incidences of cancellations and / or no shows. All scheduled reservations must be cancelled at least 24 hours prior to the reservation date in order to avoid a penalty. NOTICE OF VIOLATION OF NO- SHOW /LATE CANCELLATION POLICY The first violation in a 30 -day period calls for a warning. Additional violations will result in suspension of service. Passengers, sponsoring agencies, and the TDLCB will be notified of each incident of suspension of service. OFFENSES Three missed trips in a 30 -day period constitutes a single offense. The passenger has the option to appeal any action taken to enforce this policy. For a complete copy of the cancellation /no show policy, please contact the CAT Transportation Disadvantage Program. 14 Agenda Item No. 16B1 January 24, 2006 Page 89 of 113 RIGHTS AND RESPONSIBILITIES The Florida Commission for the Transportation Disadvantaged has established the following set of rights and responsibilities for paratransit services such as CAT's Transportation Disadvantaged Program. Please remember that CAT acts as the CTC for Collier County. SAFETY: Customers have the right to: • Trips in air - conditioned and heated vehicles; • Safe, clean, properly equipped and smoke -free vehicles; • Properly fastened seatbelts and /or mobility device tie - downs; • Vehicle transfer points that are sheltered, secure and safe; • A properly identified driver; • Adequate seating, to include ample space for service animals; • Assistance in maneuvering mobility devices up and down a maximum of one step; • Community Transportation Coordinator (CTC) policy on medical emergent during transport. Customers are responsible to: • Be ready and waiting for the vehicle in a safe location up to one (1) hour prior to your scheduled appointment time; • Keep seat belts and mobility device tie -downs secure until the vehicle stops; • Remain seated until the vehicle comes to a complete stop; • Report any safety hazards; • Keep wheelchairs or other mobility aids in good condition; • Not tamper with or operate vehicle equipment; • Address car -seat provision with the CTC; • Make CTC aware of customer's physical and /or mental conditions prior to transport; and • Adhere to policy for violent and /or disruptive behavior. COURTESY: 15 Agenda Item No. 16131 January 24, 2006 Page 90 of 113 customers have the right to: • Professional, courteous and properly trained drivers; • Assistance while getting in and out of the vehicle and to the seat; and • Assistance with as many packages as can be carried by the passenger and the operator in one trip. Customers are responsible to: • Call in trip cancellations at least one (1) hour prior to the scheduled pick -up time to avoid being marked a no -show; • Inform CTC of all pertinent information regarding the trip; • Present the correct fare; • Be ready at the time of pick -up; and • Ensure personal hygiene. OMPLAINTS: Customers have the right to: • File complaints without fear of retaliation; • Prompt investigations and effective resolutions; and • Current and complete program information. Customers are responsible to: • File complaints in a timely manner, providing the CTC with pertinent information. SERVICE: Customers have the right to: • Pick -ups within the established one (1) hour pick -up window (two hours for 16 Agenda Item No, 16131 January 24, 2006 Page 91 of 113 trips between service areas); • Expect the driver to wait up to five minutes; • Toll -free accessibility to the CTC; • Be delivered to an appointment on time; • The CTC's policy on standing orders; and • The CTC's policy on no- shows. Customers are responsible to: • Advise the reservationist of appointment times; • Accept a shared -ride service; • Schedule trip requests at least one day in advance; and • Provide own wheelchair and /or escort. What other responsibilities do I have as a passenger? SAFETY Passengers are responsible for observing safety rules including use of seat belts, not standing when bus is in motion and waiting for driver to assist them on and off the bus. Florida State law has determined that all passengers on Paratransit vehicles MUST WEAR SEAT BELTS. A passenger who refuses to remain seated with the seat belt in place will be denied service. If you have medical documentation stating that the use of seat belts may be detrimental to your health, the seat belt regulation will be waived. Please inform the reservationist of your situation when you schedule your first trip, you will be required to provide CAT with written documentation to have the seat belt requirement waived. APPROPRIATE BEHAVIOR Passengers may not eat, drink, smoke or spit on the bus. Passengers are responsible for being considerate of other passengers in sharing rides, practicing good personal hygiene and to refrain from excessive noise, constantly changir 17 Agenda Item No. 16B1 January 24, 2006 Page 92 of 113 fiats, throwing objects, fighting, sticking heads or arms out the windows, lewd behavior and speech, etc. This behavior will not be tolerated. In accordance with CAT's Transportation Disadvantaged Policy, service may be terminated due to threats, violent or abusive treatment toward the provider or other passengers. Service may be refused if a passenger engages in violent, seriously disruptive or illegal conduct. Seriously disruptive conduct does not include behavior or appearance that only offends, annoys, or inconveniences other riders or employees. When it has been determined by the Superintendent of Paratransit Operations that suspension will be initiated, communication of the suspension of service will be made by phone and /or mail to the Passenger or Parent/Guardian of Passenger with a copy to the appropriate agency (if applicable). MEDICAID PROGRAM gips are provided to Medicaid recipients who have a valid Medicaid recipient . ,umber and will be receiving a covered service. Please note that transportation is not authorized for all Medicaid programs. Please check with your case manager or a CAT staff member to verify your eligibility status. Medicaid recipients (with certain exceptions) will be charged a co- payment for each one -way trip. This is a requirement of Florida Law. If you are riding under the Medicaid Program, you will be charged a co- payment unless the Reservationist tells you otherwise. Out of area (outside Collier County) trips are limited. Out of area trips must be scheduled at least one (1) week in advance. All out of area trips require medical necessity verification from your doctor. This documentation must be faxed or mailed to CAT before the trip can be scheduled. If the proper documentation is not received CAT staff will not be able to schedule the trip. Once the trip is scheduled it is advisable to call CAT after 3:00 p.m. the day before the trip to find out what time the vehicle will pick you up. 18 Agenda Item No. 1681 January 24, 2006 Page 93 of 113 SHARE OF COST Some Medicaid clients are subject to meeting a "share of cost" obligation before the cost of services is covered. Customers enrolled in the share of cost program may reserve trips prior to meeting their requirement. However, provision of the trip depends on your share of cost status on the day you will be traveling. What if I'm not satisfied with the services provided? CUSTOMER FEEDBACK If you experience a problem with any aspect of the service, you may call or write to CAT's Customer Service Department. To send your complaint in writing, direct your correspondence to: COLLIER AREA TRANSIT CUSTOMER SERVICE DEPARTMENT 2901 COUNTY BARN ROAD NAPLES, FL. 34112 IWO : CALL INSERT TELEPHONE NUMBER Please include details such as time, date, location and a description of the problem you experienced. This will help in determining the appropriate personnel to contact in order to resolve any difficulties you may have as quickly as possible. If your complaint cannot be resolved, you may obtain information on the grievance process by contacting the Superintendent of Paratransit Operations and requesting a copy of our adopted Grievance Procedure. X 19 Agenda Item No. 16B1 January 24, 2006 Page 94 of 113 —)u may call the Florida Commission for the Transportation Disadvantaged umbudsman Hot Line: 1- 800 - 983 -2435. Rai Agenda Item No. 16131 January 24, 2006 Page 95 of 113 Acknowledgement of Receipt Form The information provided in this guide is an important factor in helping you understand your transportation options. We encourage you to read it completely and to contact the CAT staff if you have any questions regarding the information contained within this booklet. It's important for CAT staff to know that you have received this User Guide. Please sign you name below, detach this page, and return it to CAT. Customer Signature Date Printed Name 21 Agenda Item No. 16B1 January 24, 2006 Page 96 of 113 CAT's Transportation Disadvantaged Program strives to provide the highest level of quality service. We appreciate and welcome suggestions, and comments from the community. Thank you. W Agenda Item No. 1681 January 24, 2006 Page 97 of 113 Collier Area Transit Transportation Disadvantaged NO SHOW /CANCELLATION POLICY AS APPROVED BY THE TRANSPORTATION DISADVANTAGED LOCAL COORDINATING -0 THIS GUIDE IS AVAILABLE IN AN ACCESSIBLE FORMAT UPON REQUEST 23 Agenda Item No. 16B1 January 24, 2006 Page 98 of 113 Agenda Item No. 16B1 January 24, 2006 Page 99 of 113 Collier Area Transit Transportation Disadvantaged Program No Show/ Late Cancelation Policy As Approved By The 1 Transportation Disadvantaged Local Coordinating Board Collier Area Transit's Transportation Disadvantaged Program recognizes that occasionally situations will arise that result in the passenger needing to cancel, or becomes unable to utilize a scheduled trip. It is also recognized that frequent cancellation of trips, and / or no shows of scheduled trips result in costly, and negative impacts to the Transportation Disadvantaged Program. The Transportation Disadvantaged Local Coordinating Board approved a No Show / Cancellation Policy to identify those who habitually cancel, or who are "no- show" for a schedule trip. The goal of the Transportation Disadvantaged Local Coordinating Board is not to lose passengers, or to punish the occasional passenger who mistakenly misses a schedule trip. The goal is to educate the passengers of the policy to reduce the incidences of cancellations and / or no shows. The Transportation Disadvantaged Local Coordinating Board No Show/ Cancellation Policy is designed to identify those passengers who frequently cancel, or "no show ", to notify these passengers of the habitually missed trips, to educate these passengers that continued habitually missed trips will result in suspension from the Transportation Disadvantaged Program. The Transportation Disadvantaged Local Coordinating Board No Show / Cancellation Policy identifies that enforcement of this policy is the responsibility of the General Manager of the Transit System. 1 The Transportation Disadvantaged Show / Cancellation Policy include service protocols. Agenda Item No. 1681 January 24, 2006 Page 100 of 113 Local Coordinating Board No the following suspension of • Three cancellations and / or "no show" in a 30 -day period are equal to one offense. • The first offense within a 12 -month period will result in a 10 -day (two week) suspension of service. • The second offense within a 12 -month period will result in a 15- day (three week) suspension of service. • The third offense within a 12 -month period will result in a 30- day (six week) suspension of service. -� The fourth offense within a 12 -month period will result in a 6- month suspension of service. The Transportation Disadvantaged Local Coordinating Board No Show / Cancellation Policy provides for the following notification protocols. Cancellation / No Show: Written warning notification will be sent to passenger and notification will be sent to sponsoring agency. First Offense: The first offense within a 12 -month period results in a 10 -day (two week) suspension of service. Notification will be sent to the sponsoring agency. Notification to Collier County Transportation Senior Planner / TDLCB representative. Second Offense: The second offense within a 12 -month period results in a 15 -day (three week) suspension of service. Notification will be sent to the sponsoring agency. Notification to Collier County Transportation Senior Planner / TDLCB representative. 2 Agenda Item No. 16B1 January 24, 2006 Page 101 of 113 Third Offense: The third offense within a 12 -month period results in a 30 -day (six week) suspension of service. Notification to Collier County Transportation Senior Planner / TDLCB representative. Fourth Offense: The fourth offense within a 12 -month period results in a 6- month suspension of service. Notification to Collier County Transportation Senior Planner / TDLCB representative. Right to Appeal: Collier Area Transit recognizes that input from our passengers is a critical component to the system's success. Passengers who receive No Show / Cancellation Policy violation notifications and / or suspension have an option of submitting an appeal. The appeal process is handled through the Transportation Disadvantaged Program. If you want to initiate an appeal, contact the Superintendent of Paratransit at the CAT office. For a complete copy of the Transportation Disadvantaged Grievance / Appeal Policy, please contact the Superintendent of Paratransit. You may call the Florida Commission for the Transportation Disadvantaged Ombudsman Hot Line: 1- 800 - 983 -2435. 3 Agenda Item No. 1681 January 24, 2006 Page 102 of 113 COLLIER ,ARE T cat,� esrid•a 4.' 1;2 a may. r?n 7777 I-nx : ? , , ,Y?2 R n AN SIT NOTICE OF VIOLATION OF COLLIER AREA TRANSIT TRANSPORTATION DISADVANTAGED NO SHOW / CANCELLATION POLICY Date Dear ( Mr. / Mrs. / Ms. 1 ) Please be advised that you are being charged with an offense and / or violation of Collier Area Transit's Transportation Disadvantaged No Show / Cancellation Policy. An offense / violation occurs when a passenger misses three trips in a thirty -day (30) period. A missed trip is one when the passenger is a "no- show" or if the trip is canceled after 2:00 p.m. on the day before the scheduled trip. Three cancellations and / or "no show" in a 30 -day period are equal to one offense. Repeated violations will result in suspension of service as outlined below. The first offense within a 12 -month period will result in a 10 -day (two week) suspension of service. The second offense within a 12 -month period will result in a 15- day (three week) suspension of service. 4 Agenda Item No. 1681 January 24, 2006 Page 103 of 113 The third offense within a 12 -month period will result in a 30 -day (six week) suspension of service. The fourth offense within a 12 -month period will result in a 6- month suspension of service. This letter is to inform you that this is your offense. ElThis letter serves as a warning that future violations will result in a suspension of service. 1= u are being suspended for Passengers who are charged with an offense and / or violation of Collier Area Transit's Transportation Disadvantaged No Show / Cancellation Policy have an option to appeal this notification. Please find enclosed a copy of Collier Area Transit Transportation Disadvantaged Program Grievance / Appeal Policy / Procedures. If you have any questions, or if you need any further information, please contact me. Sincerely, Carlos Rivera Superintendent of Paratransit Collier Area Transit Transportation Disadvantaged Program Collier Area Transit's Mission is to identify and safely meet the transportation needs of Collier County, through a courteous, reliable, cost - effective, and environmentally sound team commitment 5 Agenda Item No. 16131 January 24, 2006 Page 104 of 113 Agenda Item No. 16131 January 24; 2006 Page 105 of 113 COLLIER AREA TRANSIT TRANSPORTATION :. DISADVANTAGED PROGRAM ELIGIBILITY- CRITERIA Americans with Disabilities Act (ADA): Those individuals who reside within 3/ mile of an established bus route, but cannot use CAT'S regular fixed route service because of a disability. The fare for this service is $2.00 for a one -way trip. CRITERIA — • CERTIFICATION APPLICATION WITH LICENSED MEDICAL PROFESSIONAL CERTIFYING APPLICANT IS UNABLE TO ACCESS FIXED ROUTE (CAT) BUS SYSTEM. • TRIP BEGINS AND ENDS WITHIN % MILE OF THE FIXED ROUTE (CAT) BUS SYSTEM • TRIP BEGINS AND ENDS WITHIN DAYS AND HOURS OF SERVICE OPERATIONS. • ADA ELIGIBLE TRIPS ARE DIRECTLY RELATED TO THE SERVICE PROVIDED BY COLLIER AREA TRANSIT. • ADA PARATRANSIT SERVICE IS A COMPLIMENTARY SERVICE TO THE PUBLIC TRANSPORTATION SYSTEM. IT IS PROVIDED TO THE MEMBERS OF THE DISABLED COMMUNITY, TO PROVIDE EQUAL ACCESS TO THE FIXED ROUTE (CAT) PUBLIC TRANSPORTATION SYSTEM. IT IS NOT INDIVIDUAL TAXI SERVICE; IT IS DESIGNED FOR MULTI - LOADING, AS ON A FIXED ROUTE BUS. ADA SERVICE IS DESIGNED AS CURB -TO -CURB, NOT DOOR -TO -DOOR SERVICE. IT IS PUBLIC 1 Agenda Item No. 16131 January 24, 2006 Page 106 of 113 TRANSPORTATION FOR MEMBERS OF THE DISABLED COMMUNITY. Medicaid: CAT provides trips for Medicaid eligible services for those persons who cannot travel by fixed route and have no other means of transportation. Transportation availability in the household may eliminate eligibility. Medicaid sponsored trips are subject to Medicaid verification. Medicaid requires a $1.00 fare, or co- payment for a one -way trip. CRITERIA — • ELIGIBLE MEDICAID RECIPIENTS — MAY INCLUDE, BUT IS NOT LIMITED TO: LOW INCOME FAMILIES AND CHILDREN, FOSTER CARE CHILDREN, SSI RELATED MEDICAID BENEFICIARIES, NURSING HOME RESIDENTS, MEDICALLY NEEDY, PREGNANT WOMEN. MEDICAID VERIFICATION IS MANDATORY NO OTHER MEANS OF TRANSPORTATION • MEDICAID COMPENSABLE MEDICAL APPOINTMENTS • TRIPS MUST BE PROVIDED AT LOWEST COST, MAYBE PUBLIC TRANSPORTATION, VANS, SEDANS, OR TAXIS. • TRANSPORTATION INCLUDES AMBULATORY, WHEELCHAIR, OR STRETCHER TRIPS. • NON- EMERGENCY TRANSPORTATION • TRIPS AVAILABILITY — 7 DAYS A WEEK, 24 HOURS A DAY, 365 DAYS A YEAR • TRIPS MAY INCLUDE BOTH DOOR TO DOOR AND / OR CURB TO CURB TRANSPORTATON 2 Agenda Item No. 16B1 January 24, 2006 Page 107 of 113 • BENEFICIARY IS A CURRENT RESIDENT OF THE CTC SERVICE AREA MEDICAID — INELIGIBLE BENEFICIARIES AND OR INELIGIBLE TRIPS INCLUDES, BUT IS NOT LIMITED TO: • BENEFICIARIES WHO HAVE TRANSPORTATION MEANS • BENEFICIARIES WHO HAVE VEHICLE OWNERSHIP OR VEHICLES ACCESS • LEGAL ALIENS • EMERGENCY TRIPS • TRANSPORTATION FOR HOME VISITS FROM HOSPITAL AND /OR NURSING HOME • TRANSPORTATION TO PHARMACY FOR PURPOSE OF HAVING PRESCRIPTION FILLED Transportation Disadvantaged (TD): Includes qualifying individuals located in areas where fixed route service is not available and who have no other means of transportation. Transportation availability in the household may eliminate eligibility. The fare for TD trips is on an income scale. The fare is $2.00, $3.00, $4.00, or $6.00, per one -way trip. CRITERIA — • `HIGH RISK' OR `AT RISK" POPULATION UNABLE TO PURCHASE TRANSPORTATION OR TRANSPORT 3 Agenda Item No. 16131 January 24, 2006 Page 108 of 113 THEMSELVES o NO ACCESS TO TRANSPORTATION . NON - ELIGIBLE FOR SPONSORED TRIPS . NO ACCESS TO VEHICLE IN HOUSEHOLD — (ACCESS TO TRANSPORTATION FROM VEHICLE IN THE HOUSEHOLD MUST BE "WILLING AND AVAILABLE") Agencies: Includes people whose trips are funded under a negotiated agency contract. CRITERIA — Criteria for agencies trips are negotiated as part of the agency contract. 4 Agenda Item No. 16131 January 24, 2006 Page 109 of 113 APPENDIX E COST EFFECTIVENESS WORKSHEETS WORKSHEET 4a COST EFFECTIVENESS AND EFFICIENCY OF THE CTC SYSTEM (Required by CTD) Collier County BoCC as CTC, who subcontracts to the Management Entity: ATC Previous Period Number of Passengers: 121583.00 Unduplicated Passenger Headcount q n_ 1900.00 Number of Drivers. 29.00 Number of Vehicles 27.00 Evaluation Period kO-67 114534.0 1889.032.025.0 % Change -$0.19 $2,210,275.00 $,1,790,306.00 121,583 114,534 -6% Agenda Item No. 16131 January 24, 2006 Page 110 of 113 Measure total revenue Passenger Trips Previous Period ( *) Evaluation Period (" *) % Change -$0.19 $2,210,275.00 $,1,790,306.00 121,583 114,534 -6% Vehicle Miles 1,314,092 1,318,090 0% Road Calls 39 42 8% Accidents 6 16 167% Operating Expense $2,027,683 $1,938,010 -4% Local Revenue (Govnt only) $529,183 $485,824 -8% river hours (incl. coord contract) 75,502 73,478 -3% Performance Measures Previous Evaluation % change Passenger trips per vehicle mile 0.09 0.09000 0% Operating Expense per Veh. Mi $1.54 $1.47 -5% p expense per passenger trip $16.68 $16.92 1% Accidents per 100,000 Veh Miles 0.46 1.2100 163% Vehicle miles per Roadcall 33,695 31,383.00 -7% drivers per operating hour 26.86 26.3800 -2% Local Revenue as % of total reven 23.94% 27.14% 13% Trends Desired Trends :) Undesired Trends :( No change 3 3 1 note 1: 60% of the accidents ocurred in October - December 2004 by one carrier. Note 2: 22 road calls happened in October - December 2004 bv one carrier. s this :) or :( see footnotes 1/C l ( note 1. ;( note 2 ;) 2 Agenda Item No. 16131 January 24, 2006 Page 111 of 113 1. In which cost - effectiveness and efficiency areas has the coordinator improved? :) attributed to -- fewer vehicles and less driver over -time. 2. In which areas has the coordinator worsened? attributed to -- ewer passengers = greater operating expense per passenger; Rising cost of fuel, insurance and 3 Agenda Item No. 1661 January 24, 2006 Page 112 of 113 WORKSHEET 4b COST AND EFFICIENCY OF TRANSPORTATION OPERATORS Collier County BoCC as CTC, who subcontracts to the Management Entity: ATC from AOR data submitted 9 -15 -2003 and 9 -15 -2004. Expense Category Previous Period Evaluation Period % Change 712002 to 6/2003 712003 to 612004 Labor 501 $1,493,670 $147,235 -90% Fringe Benefits 502 $62,364 $42,568 -32% Services (503) $117,582 $20,715 -82% Materials and Supplies 504 $142,772 $5,758 -96% Utilities (505) $20,933 $9,693 -54% Casualty and Liability (506) $141,556 $0 -100% axes (507) $31,465 $0 -100% Purch. Transp. Service (508 $5,885 $1,540,077 26070% Misc. Expenses (509) $1,976 $2,037 3% Interest Expense 511 $1,483 $0 -100% Leases and Rentals (512 ) $41,925 $18,926 -55% nnual Depreciation (513 ) $48,929 $1,548 -97% Contributed Service (530) $0 $0 #DIV /0! Ilocated Ind. Expenses $6,544 $1,749 -73% SYSTEM TOTAEDI $2,117,084 $1,790,306 -15% 3. What changes in service may account for any major decreases /increases in expenses? Change in primary operator; Caring for Kids received a rate increase, but they provide better service. Increases in cost of Fuel, Insurance were not surprising, but new increase is cost of Freon, which is increasing by 518% (from $89.00 to $550.00.) 4. a) Date of CTC's last financial audit: month day year b) Were there critical findings to be resolved? Yes No c) If so, have the been fully resolved? Yes I —__ No 4 CTC Management entity states that the County is audited, not the Management company. Agenda Item No. 16B1 January 24, 2006 Page 113 of 113 Agenda Item No. 1682 January 24, 2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to award Bid #06 -3927 "Goodlette Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Annual Landscape Maintenance Contract" to Advanced Lawn and Landscaping Services, Inc. in the amount of $151,793.40 (Project #601345). OBJECTIVE: Award Bid #06 -3927 "Goodlette Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Annual Landscape Maintenance Contract" to Advanced Lawn and Landscaping Services, Inc. CONSIDERATIONS: On November 22, 2005 the Purchasing Department sent out 111 notices for the Goodlette Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Annual Landscape Maintenance Contract. On December 6, 2005 a non - mandatory pre - bid meeting was held. On December 13, 2005, three (3) bids were opened. Staff reviewed the unit pricing and two were determined to be responsive bids. Amera Tech was determined to be the non - responsive bidder due to lack of proper documentation submitted as per the bid. A reference check was done and proved to be unsatisfactory in another municipality in which this vendor has a current contract. Staff recommends awarding the Bid #06 -3927 to the apparent, lowest, qualified bidder, Advance Lawn and .^ Landscaping Services, Inc. in the amount of $151,793.40. Bidder Bas Advance Lawn $151,793.40 Commercial Land Maint. $198,308.35 Amera Tech Non - responsive FISCAL IMPACT: Funds are budgeted in Fiscal Year 2005 -2006 in the amount of 5151,793.40 in the MSTD General Fund Landscape (112) project #601345. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board award Bid #06 -3927 to Advanced Lawn and Landscaping Services, Inc. for Goodlette Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Annual Landscape Maintenance Contract and authorize the Chairman to execute the standard contract after review by the County Attorneys Office. Prepared By: Bob Petersen, Department of Alternative Transportation Modes Attachment: Bid Tab #06 -3927 Agenda Item No. 1662 January 24, 2006 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1682 Recomn.endation to award Bid #06 -3927 Goodlette Frank Road (Pine Ridge Road to Item Summary: Vanderbilt Beach Roadl Landscape Maintenance Annual Contract to Advanced Lawn and Landscaping Services. Inc in the amount of 8151.7933.40 (Project #601345). Meeting Date: 1!24,'2006 9.00:00 AM Prepared By Bob Petersen er Project Manager 1 9 Date Alternative Transportation Modes 13 12006 2:01:22 PM Transportation Services Approved By Brenda Brilh -d Purchasing Agent Date 5/312006 2:46 PM Administrative Services Purchasing Approved By Mike Hauer Acquisition Manager Date 11412006 8:49 AM Administrative Services Purchasing Approved By Bob Peterseo Project Manager Date Alternative Transponatmn Modes 1412006 12:04 PM Transportation Services Approved By Pamela J. Luhch Project Manager Date Alternative Transportation Modes 1 74120 06 1:04 PM Transportation Services Approved By Diane B. Flagg Director ATM Director Date Transoorietgn Services Alternative Transportation Modes 11812006 3:48 PM Approved By Gloria Herrera Management /Budget Analyst Data T.ansportaiion Services Stona water Management 1612006 8:30 AM Approved By ,�.. Steve Carroll Purchasing /General Svcs Director Date 116!2006 4:11 PM Administrative Services Purchasing Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transporodign Services Adrnin 1/612006 7:14 PM .Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1110!20061:06 PM Approved By Pat Lehnhard Execuuve Secretary Date Transportation Services Transportation Services Adrnin 1110/2006 3:16 PM Approved By OMB Coordinator Administrative Assistant Date Cpumy Manager's Office Office of Management & Budget 1111/2006 10:33 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/12/2006 8:89 AM Approved By Michael Smykowski Management A Budget Director Date County Manager's Office Office of Management S Budget Id 2/2000 10'47 AM Approved By Lao E. Ochs., .lc Deputy County Manager Date Board of County County Manager's Office 11212006 1:35 PM Commissioners Agenda Item No. 16B2 Pmpp s"' 1.2Z05�, January 24, 2006 Dale Do 1 11.zz-05 BID' 00.3821 Dale Due: 12 -13-05 'GOOtllede Frank L,ndstape Meinbmance Annual ConbecY P Atltlentlume: 1 f �4es�6d,iiledt Bl Bb Rewiwtl: 3 Pa 1o9 Unit Cost: : $ 140.00 Total Cost (52 $ 7,280.00 .00 .00 $ 225.00 $ 11,700.00 Total Cost Item 1 $ 26,520.00 93,OOD.00 $ 59,800.00 2 Weedin Unit Cost: Total Cost (52 $ 150.00 $ 7,800.00 00 $ 5,2500.00 $ 450.00 $ 23,400.00 3 General Site Pruning Unit Cost: Total Cost (52) : $ 125.00 $ 6.500.00 $ 100.00 $ 5,200.00 $ 150.00 1 $ 7.800.00 4 PRUNING :CANOPY TREE Can o Trees: - (A rl - September) Two Times Cassia sumantensus / Yellow Cassia Unit Cost Ea. Cut Silver Buttonwood Total Cost 2(20): $ 5.00 $ 200.00 It $ 120.00 $ 40.00 Unit Cost Ea. Cut) Total Cost 2 13 : Ro a l Poinciana $ 5.00 $ 130.00 $ 3.00 $ 78.00 $ 1.00 $ 26.00 Unit Cost (Ea. Cut Dahoon Hon Total Cost 2 1): $ 50.00 $ 100.00 $ 5.00 $ 10.00 $ 1.00 $ 2.00 Unit Cost Ea. Cut Li ustrum Tree Form Total Cost 2 16 : $ 5.00 $ 160.00 $ 3.00 $ 96.00 $ 1.00 $ 32.00 Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 Wax M rile Total Cost 2 3 $ 30.00 $ 18.00 $ 6.00 Unit Cost Ea. Cut Total Cost 2(10: Ma nolia 'Little Gem' $ 5.00 $ 100.00 $ 3.00 $ 60.00 $ 1.00 $ 20.00 Unit Cost (Ea. Cut Live Oak Total Cost 2 128: $ 5.00 $ 1,280.00 $ 2.00 $ 512.00 $ 1.00 $ 256.00 Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 Total Cost 2 39 : $ 390.00 $ 234.00 $ 78.00 Total Cost Item 4 $ 2,390.00 $ 1,128.00 $ 460.00 5 PRUNING: PALMS Palms June P unin One Time Ever lades Palm Unit Cost (Ea. Cut $ 15.00 $ 10.00 $ 0.01 Sabal almetto /Booted Cabba a Palm Total Cost 4 : $ 60.00 $ 40.00 $ 0.04 Unit Cost Ea. Cut $ 15.00 $ 15.00 $ 15.00 Wod etia bifurc Total Cost (105): ata I Foxtail Palm $ 1,575.00 $ 1,575.00 $ 1,575.00 Pt Unit Cost Ea. Cut Total Cost (49): chos erma ale ans I Alexander Palm See Bid $ 6.00 $ 294.00 $ 0.01 $ 0.49 Unt Cos[ (Ea. Cut See Bid $ 10.00 $ 0.01 Total Cost (7): $ 70.00 $ D.07 Total Cost Item 5 $ 1,635.00 1 $ 1,979.00 $ 1.575.60 Pa 1o9 Prgeet Mg, Pam Lu4e� Dale Peebd: tt -22-05 De Due. 12 -13A BID 00-3921 'Go 4. F_R L_daope MW A-1 C.*U ' Add.du Agenda Item No. 16132 January 24, 2006 P x= n Bid R.., -d. 3 Page 2 W 0 Advanced Amara Tech I Commerical 8 FERTILIZATION of (County will supply granular fertilizer 4 applications Trans ortation Blend 8 -2 -12 during 22 February, May, August, November and 2 applications of (0 -0- durin June and October. Turf, Groundcover, Shrubs, and Trees Unit Cost - er ba $ 3.00 Total Cost - 147 b s.: $ 441.00 1 $ 2,205.00 I $ 568.00 7 Perform Sequestrene Iron Drench Application a lications a lied during the months of March, June Unit Cost Se tember and December. Total Cost (4 : $ 100.00 $ 400.00 $ 725.00 $ 2,900.00 $ 300.00 $ 1,200.00 8 20 -20 -20 with Ferromec AC 13 -M plus 6% Iron - 6 applications Unit Cost: $ 100.00 $ 450.00 $ 150.00 Total Cost (6 $ 600.00 1 $ 2,700.00 1 $ 900.00 9 a. ORNAMENTAL AND TURF SPRAYING Turf Area: 1 Insecticides & Fungicides.. Unit Cost: 100.00 300.00 $ 200.00 Total Cost 12 : $ 1,200.00 $ 3,600.00 $ 2,400.00 2 Herbicides ( 5 applications to include pre - emergent in Feb. and Sept, st emergent in Nov. Jan., and March Unit Cost: $ 100.00 $ 250.00 $ 200.00 Total Cost (5): $ 500.00 1 250.00 $ 1,000.00 b. Groundcover, Shrubs, & Trees: 1 Insecticides & Fungicides - Twelve ap lications Unit Cost: $ 100.00 $ 600.00 300.00 Total Cost 12 : $ 1,200.00 $ 7 200.00 $ 3.600.00 C. Bed Area 1 Herbicides - ( 5 applications to include pre- emergent in Feb. and Sept, ost emergent in Nov. Jan., and March) Unit Cost: $ 225.00 $ 300.00 $ 300.00 Total Cost 5 : 1,125.00 $ 1,500.00 $ 1,500.00 Total Item 9 $ 4,025.00 $ 13,550.00 $ 8,500.00 G 7OX pplcation (Calculated using 9 6,019 SF (2" mulch, 2 cu. Ft. CY 2 a lications =15986 be s or 1184CY n November and May Unit Cost er installation of one 2 cu.ft be $ 0.70 $ 1.25 $ 0.85 Total Cost Two Applications of 2 "Mulch 15988 B s.): $ 11,191.60 $ 19,985.00 $ 13,589.80 11 Irri ation S stems a. Irri ation Systems: Weekly Service Requirements Unit Cost: $150.00 $400.00 $200.00 Total Cost (52 $ 7,800.00 $ 20,800.00 $ 10,400.00 b. Irri ation Systems: Monthly Service Re uirements Unit Cost: $125.00 $200.00 $75.00 Total Cost 12 $ 1,500.00 $ 2,400.00 $ 900.00 Total Item 11 $ 9,300.00 $ 23.200.00 $ 11,300.00 12 Trash Removal- 52 - prior to mowing in all turf areas. Price includes all sidposal fees, charges for disposal. Unit Cost: $ 75.00 I $ 60.00 $ 100.00 Total Cost (52H 1 $ 3,900.00 1 $ 3,120.00 I $ 5,200.00 13 Street Cleaning - Side of right of way) Unit Cost, Total Cost (52)' $ 150.00 $ 7,800.00 $ 200.00 1 $ 10,400.OD $ 75.00 $ 3,900.00 14 LANE CLOSURE - Maintenance of Traffic to be included in unit pricing t:In Bid In Bid In Bid 15 PRESSURE CLEANING BRICK PAVERS a. Pressure Cleaning Unit Cost: $ 1,300.00 $ 500.00 1 $ 50.00 Total Cost(6 ):l 1 $ 7,800.00 1 $ 3,000.00 1 $ 300.00 SUBTOTAL -SECTION I SUMMARY / ITEMS 1 -15 90 302.60 133 567.00 138 513.40 Page 2 W 0 Agenda Item No. 16132 P.,., Mg, P.m B,D_ pe -30v January 24, 2006 Da* Poi bd 11 -22 -05 'Gootllede Frank tand•c.Pe Mn ik . A,muel Con - P� x kLe S7K tl 'L1 D•k Due'. 12-13 -05 r (p1.$b�yj�te J Addsndvne 1 Bid R.a d. 3 Pepe 3 M 0 Advanced Amera Tech Commerical Crew Size TO PERFORM SERVICES SWLD arson crew re uired er week Per Week 6 8.00 5 men TOTAL MAN- HOURS TO PERFORM REQUIRED SERVICES or shall submit the amount of man -hours that they intend this Contract on a weeks basis Hours per week 54 98 50 hours II SECTION 11 - ADDITIONAL LANDSCAPE MAINTENANCE SERVICES Should additional work of the following description be rquired, adjustment will be made to the Contract Sum at the following Unit Prices, which shall include all expenses, including Overhead and Profit, MOT, Supervision and Transportation. GENERAL SERVICES a a Su ervisor er man hour $ 50.00 $ 40.00 $ 55.00 b Irri ation Technician er man hour) $ 50.00 $ 45.00 $ 65.00 c ILrr ation Labor er man hour $ 40.00 $ 30.00 $ 45.00 d La Laborer /Hal er er man -hour 40.00 25.00 $ 45.00 e Pine Straw -Labor Cost Per Bale Onl $ 3.25 $ f Mater als -Cast Plus (25 % Maximum 3.00 $ 6.00 Rental cost per day of a 4,000 gallon tanker with Operator with 25 % 25% 25% Re uired Operator License $ 1.300.00 $ 700.00 $ 500.00 Additional Hand Watering (Contractor to provide Tanker and $ 175.00 $ h O erator (Per hour cost 60.00 $ 85.00 i Stum Grinder and O erator er hour costs $ 125.00 $ 55.00 $ 125.00 Stum Removal (er hour $ 255.00 $ 35.00 $ 235.00 Bobcat and O erator er hour costs $ 175.00 $ 65.00 $ 125.00 TOTAL GENERAL SERVICES A. -E, G -J $ 2,213.25 $ 1.058.00 $ 1,051.00 Pepe 3 M 0 P,o,e MO,.: Pem Ldl h Dale Poemd'. 11 -22 -06 Date Dw 12 -13 -06 610 0 5-3021 'Gwdlene Fmne Lard_, MelMene Annual Cemreer Addendume: 1 Agenda Item No. 1662 January 24, 2006 P .VZLU BM R.-d. 3 Peon a &Q 17 Asian'asmine'Minima' $ 224.00 $ 95.50 1 $ 146.00 c TOTAL 1 Gallon Container d. 3 Gallon Container Ea. $ 20.00 $ 9.00 $ 16.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Coco lum Th allu Bush Allamanda Allemande Hendersonii Dwarf Bou .A11- 'Helen Johnson' Ixora'Nora Grant' Indian ora Grant' Juni par 'Parson!' Coontie Dwarf bougainvillea Fa kahatchee rass Fla rida Privet Fountain rasses Ilex 'Scheilin s dwarf Indian hawthorne'Alba', white Ixora 'Nora rant' Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 40.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 11.00 $ 9.00 $ 9.00 $ 12.00 $ 12.00 $ 10.00 $ 10.00 $ 20.00 $ 12.00 $ 9.00 $ 12.00 $ 9.00 $ 10.00 $ 15.00 $ 12.00 $ 11.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 $ 38.00 $ 18.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 _ -- 17 18 19 20 21 Dwarf Ixora Juniper 'Parsonii' S ider lil Th allis Tumera 'Yellow Akler Ea. Ea. Ea. Ea. $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 11.00 $ 12.00 $ 11.00 $ 15.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 Peon a &Q Agenda Item No. 16132 Project Mpr.'. Pam W,c SID 069p2/ January 24, 2006 Deb D. 11-23-05 'GOO -Funk 1anCV Mabbnana A-1 C- -r r7�c �Q7F 1� Caro Duey 11 -19-05 r aP L 1 ACeentlune. 1 BW Reoe- 3 Pepe 5 v 9 22 Wax myrtle Advanced Amera Tech Commerical 23 Saw Palmetto Ea. $ 20.00 $ 9.00 $ 16.00 24 Sea oats Ea. $ 40.00 $ 15.00 $ 38.00 25 Variegate arbodcola Trinette' Ea. $ 35.00 $ 11.00 $ 18.00 26 Silver buttonwood Ea. $ 20.00 $ 12.00 $ 16.00 27 Sim son cr 5 anish slol,per Ea. $ 20.00 $ 9.00 $ 16.00 28 Varie gated piffosporum Ea. $ 20.00 $ 10.00 $ 16.00 29 Wafters viburnum Ea. $ 20.00 $ 10.00 $ 16.00 30 Muhl rass Ea. $ 20.00 $ 13.00 $ 16.00 31 Ground orchids Ea. $ 20.00 $ 10.00 $ 16.00 Ea. $ 20.00 $ 15.00 $ 30.00 d TOTAL 3 Gallon Container $ 675.00 $ 355.00 $ 560.00 e. 10 Gallon Container 1 Bottlebrush 'Red cluster Ea. $ 100.00 $ 60.00 $ 140.00 2 Cardboard Palm Ea. $ 135.00 $ 60.00 $ 140.00 3 Cattle Guava Ea. $ 100.00 $ 55.00 $ 140.00 4 5 Crinum I it Cra e Myrtle Ea. $ 100.00 $ 60.00 $ 140.00 6 Hibiscus Standard Ea. $ 100.00 $ 65.00 $ 160.00 7 Jamaican Ca er Ea. $ 100.00 $ :: .00 $ 140.00 8 Li ustrum Ea. $ 100.00 $ 80.00 $ 160.00 9 M rsine Ea. $ 135.00 $ 50.00 $ 140.00 10 Silver Buttonwood Ea. $ 135.00 $ 50.00 $ 140.00 11 Sim son or S anish Sto er Ea. $ 100.00 $ 50.00 $ 140.00 12 Wax M rtle Ea. $ 100.00 $ 55.00 $ 140.00 13 Vari ated Pttos arum Ea. $ 135.00 $ 50.00 $ 140.00 Ea. $ 100.00 $ 45.00 $ 140.01) lei ITOTAL 10 Gallon Container $ 1,440.00 $ 730.00 $ 1,860.00 f. 15 Gallon Container 1 2 Red Me le Black Olive'Shad Lad ' Ea. $ 155.00 $ 50.00 $ 200.00 3 Floss Silk Tree Ea. $ 190.00 $ 75.00 $ 200.00 4 Yellow Poinciana Ea. $ 190.00 $ 50.00 $ 200.00 5 Bald C ress Ea. $ 190.00 $ 60.00 $ 200.00 6 Hon Kong Orchid Ea. $ 190.00 $ 65.00 $ 2DO.00 Ea. $ 190.00 $ 200.00 $ 200.00 f TOTAL 15 Gallon Container $ 1,105.00 1 $ 500.00 1 $ 1,200.00 25 Gallon Container 1 Bottlebrush'Red Cluster Ea. $ 275.00 $ 150.00 $ 325.00 2 Silver Buttonwood Ea. $ 275.00 $ 175.00 $ 325.00 3 Cattle Guava Ea. $ 275.00 $ 170.00 $ 325.00 4 Cassia surratensus Yellow Cassia; Estimated Quantity 20; Unit Each Ea. $ 5 Cra e M rtle 275.00 $ 175.00 $ 325.00 6 Dahocn Holl Ea. $ 275.00 $ 180.00 $ 325.00 7 Holl 'East Palatka' Ea. $ 275.00 $ 175.00 $ 325.00 8 Foxtail Palm Ea. $ 275.00 $ 175.00 $ 325.00 9 Li ustrum Ea. $ 350.00 $ 185.00 $ 325.00 10 Live Oak Ea. $ 275.00 $ 150.00 $ 325.00 11 Mah any Ea. $ 350.00 $ 160.00 $ 325.00 12 Ma nolia Ea. $ 275.00 $ 175.00 S 325.00 13 Red Ma le Ea. $ 325.00 $ 225.00 $ 325.00 14 Oran a Gei er Ea. $ 275.00 $ 175.00 $ 325.00 15 Slash Pine Ea. $ 325.00 $ 175.00 $ 325.00 16 Tabebuia 'I e' Ea 275.00 $ 175.00 $ 325.00 17 Yellow Ea. Elder $ 350.00 $ 175.00 $ 325.00 18 Ea. Wax M rtle S 275.00 $ 175.00 $ 325.00 19 Ea. White Gei er $ 275.00 $ 170.00 $ 325.00 20 Orchid Ea. Tree (White) $ 325.00 $ 175.00 $ 325.00 Ea. $ 275.00 $ 125.00 1 $ 325.00 TOTAL 25 Gallon Container $ 5,875.00 $ 3, 440.00 $ 6,500.00 h. 30 Gallon Container 1 Bottlebrush'Rea Cluster Ea. $ 300.00 $ 200.00 $ 350.00 2 Cassia 3 Cra Ea. e M rtle S 300.00 $ 200.00 $ 350.00 4 Cahoon Ea. Holl $ 300.00 $ 220.OD $ 350.00 5 Holl Ea. 'East Palatka' $ 300.00 $ 200.00 $ 350.00 6 Foxtail Ea. Palm $ 300.00 $ 185.00 $ 350.00 7 Li Ea. ustrum $ 375.D0 $ 210.00 $ 350.00 Ea. $ 300.00 $ 210.00 1 $ 350.00 Pepe 5 v 9 Proiect Mgr.'. Pam LuNch Dab Poated'. 11 -22-05 Dab Dua'. 12 -13u' BID: M3g27 "Gwdlatte Prank Land¢/Pa Maintenanw Am 1Deno-aar Addend- 1 Agenda Item No. 1682 January 24, 2006 Pag4:,VZLdU BM Reaned'. 3 Page d d g Advanced Amera Tech Commerical Ea. $ 375.00 $ 185.00 $ 350.00 8 Live Oak Ea. $ 300.00 $ 200.00 1 $ 350.00 9 Maho an Ea. $ 350.00 $ 235.00 1 $ 350.00 10 Me nolia Ea. $ 300.00 $ 200.00 $ 350.00 11 Red Me le Ea. $ 350.00 $ 210.00 $ 350.00 12 Oran a Gel er Ea. $ 300.00 S 200.00 $ 350.00 13 Slash Pine Ea. e' Ea. $ 375.011 $ $ 300.00 $ 220.00 $ 220.00 $ 350.00 350.00 14 Tabebuia'I 15 Yellow Elder Ea. $ 300.00 $ 170.00 $ 350.00 16 Wax M rtle Ea. $ 350.00 $ 200.00 $ 350.00 17 White Gel er Ea. Tree (White $ 300.00 $ 5,775.00 $ 200.00 $ 3,665.DD $ 350.00 $ 6,300.00 18 Orchid h TOTAL 30 Gallon Container Gallon Container Ea. $ 425.00 $ 230.00 $ 425.00 1, 45 1 Bottlebrush'Red Cluster' Ea $ 425.00 $ 245.00 $ 425.00 2 Cassia Cra e M rtle Cahoon Holl Holl 'East Palatka' Ea. $ 425.00 Ea. $ 425.00 Ea. $ 425.00 Ea. $ 475.00 $ 230.00 $ 245.00 $ 245.00 $ 245.00 $ 425.00 $ 425.00 $ 425.00 $ 425.00 3 4 5 6 Foxtail Palm Ea. $ 425.00 $ 300.00 $ 425.00 7 Li ustrum Ea. $ 475.00 $ 255.00 $ 425.00 8 Live Oak Ea. $ 425.00 $ 300.00 $ 425.00 9 Maho an Red Me le Oran a Gel er Ea. $ 425.00 Ea. $ 425.00 Ea. $ 425.00 $ 245.00 $ 260.00 $ 230.00 $ 425.00 $ 425.00 $ 425.00 10 11 12 Slash Pine Tabebuia 'I e' Yelloow Elder Wax Myrtle Ea. $ 425.00 Ea. $ 425.00 Ea. $ 425.00 Ea. $ 425.00 $ 260.00 $ 265.00 $ 215.00 $ 260.00 $ 425.00 $ 425.00 $ 425.00 $ 425.00 13 14 15 16 Jacaranda Yellow Poinciana Ja enese PH-t White Geiger Floss Silk Tree Orchid Tree White ) Hon Kong Orchid Ea. $ 475.00 Ea. S 475.00 Ea. $ 475.00 Ea. $ 425.00 Ea, $ 425.00 Ea. $ 425.00 $ 260.00 $ 360.00 $ 245.00 $ 265.00 $ 245.00 $ 245.00 $ 425.00 $ 425.00 $ 425.00 $ 425.00 $ 425.00 $ 425.00 17 18 19 20 21 22 TOTAL 45 Gallon Container $ 9,600.00 $ 5,650.00 $ 9,350.00 65 Gallon Container Ea. $ 500.00 $ 275.00 $ 550.00 1 Bottlebrush'Red Cluster Cra e --l- Dahoon Holl Holl 'East Palatka' Foxtail Palm Ea. Ea. Ea. Ea. Ea. $ 500.00 $ 550.00 $ 550.00 $ 700.00 $ 500.00 1 $ 245.00 $ 345.00 $ 330.00 $ 230.00 $ 290.00 1 $ 550.00 $ 550.00 $ 550.00 $ 650.00 $ 550.00 2 3 4 5 6 Li ustrum Live Oak Maho-, Ea. Ea. Ea. $ 600.00 $ 500.00 $ 550.00 $ 350.00 $ 375.00 $ 350.00 $ 750.00 $ 550.00 $ 550.00 7 8 9 Ma nolia Ea. $ 500.00 $ 350.00 $ 550.00 10 Red Ma le Orange Gei er Slash Pine Ea. Ea. Ea. $ 600.00 $ 500.00 $ 600.00 $ 375.00 $ 280.00 $ 325.00 $ 550.00 $ 550.00 $ 550.00 11 12 13 Tabebuia "I" Ea. $ 500.00 $ 275.00 $ 550.00 14 Wax M rtle Ea. $ 500.00 $ 375.00 $ 550.00 15 Orchid Tree White) Ea. $ 600.00 $ 375.00 $ 750.00 16 White Geiger $ 8,750.00 $ 5,145.00 $ 9,300.00 TOTAL 65 Gallon Container k Palms Ea. 375.00 $ 185.00 $ 325.00 1 Sabal Palms 10' to 20' CT.) Ea. $ 290.00 $ 195.00 $ 325.00 2 Sabal Palm 8' to 12' Booted Ea. $ 425.00 $ 225.00 $ 550.00 3 Florida Thatch Palm 4' to 5' HT., field rown) Ea. $ 1 500.00 $ 400.00 $ 1 500.00 4 Florida Ro al Palm 16 OA Ht. Ea, 1 400.00 $ 400.00 1 000'00 5 Ca entara Palm 16' Ft. Ea. $ 1 400.00 $ 350.00 $ 750.00 6 Paurotis Palm (10' OA Ht Multi -Stem) Ea. $ 1,400.00 $ 400.00 $ 1,000.00 7 Alexander Palm 14 -16' OA Ht. 10' CL. WD. Ea. $ 1,200.00 $ 275.00 500.00 8 Foxtail Palm (10 -12' OA Ht Ea. $ 250000 $ 800.00 2500-00 9 Washin on Palm 30' CT. ) Ea. $ 1 D00.00 300.00 800.00 10 Solitaire Palm Single 10' CT. Ea. $ 1,400.00 $ 350.00 $ 900.00 11 Solitaire Palm Double 10' CT.) Ea. $ 850.00 $ 300.00 $ 1 200.00 12 Washi on Palm 10 CT. Ea. $ 1,550.00 $ 450.00 $ 1 900.00 13 Washin on Palm (18' CT Page d d g Agenda Item No. 16B2 Mgr. PamL,Iwh BID. M3927 January 24, 2006 Date Poatetl. 1345 'GOOCbtm Frank Land— MainManm Annum Con - P Date Due- 12 -13 -05 Atltlentluma: 1 dlidetl 3 Bitl ftemiwd: 3 Pepe 7 of 9 -IkI L ITOTAL Palms Cano Trees $ 15,290.00 Advanced $ 4,630.00 Amera Tech $ 13,250.00 Commerical 1 2 3 Live Oak 100 al. Cont. , 4 " -5" cal., 16' ht. Live Oak (200 pal. Cont., 6 " -B" cal., 20' ht.) White Gel er 100 al. Ea. Ea. Ea. $ 1.200.00 $ 2400.00 $ 1 100.00 $ 650.00 $ 900.00 $ 950.00 $ 1 600.00 $ 2,800.00 $ 800.00 1 TOTAL Canonv Trees $ 4,700.00 $ 2,500.00 $ 5,200.00 M. LIQUID FERTILIZATION APPLICATION 1 Apply Peters 20 -20 -20 at ten (10) pounds of material per one hundred (100) gallons of water with Ferromec AC 13 -0 -0 plus six percent (6%) Iron at one third (113) gallon of material per one hundred (100) gallons water. 2 3 Turf Per S . Ft.) Plantin Beds Per S ,. Ft. Ea. Ea. $ 0.40 $ 0.40 $ 0.03 $ 0.05 $ 0.50 $ 0.50 Iml ITOTAL Liquid Fertilization Application $ 0.80 $ 0.08 $ 1.00 n. SOD SERVICES 1 Removal of existing sod /weeds with sod cutteror by hand and prepare soil /area to the proposed finished grade suitable for new sod (includes one herbicide treatment and all landfill ti in fees. sf $ 1.25 $ 0.12 $ 1.25 n TOTAL Sod Services $ 1.25 $ 0,12 $ 1.25 o. SOD, TURF GRASSES Delivered, off - loaded, fine graded for sod, laid in place, rolled and trim ed es as necessary: St. Au ustine Floratam: 1 2 Muck rown I er 500 s . ft. allet Sand 2rown (per 400 s . ft. pallet) $ 550.00 500.00 $ 225.00 $ 205.00 $ 500.00 $ 400.00 Palmetto: 3 4 Muck nrn.. per 500 sq. ft. allet) Sand rown er 400 s . ft. allet $ 550.00 $ 500.00 $ 250.00 $ 225.00 $ 600.00 $ 500.00 Bitter Blue: 5 6 Muck nm.n er 500 s . ft. pallet) Sand grown (per 400 s . ft. pallet) $ 550.00 $ 500.00 $ 250.00 $ 225.00 $ 600.00 $ 500.00 Bahia Argentine: 7 Sand rown (per 400 s . ft. pallet) $ 450.00 $ 175.00 $ 300.00 lod ITOTAL SOD i TURF GRASSES $ 3,600.00 $ 1,555.00 $ 3,40D.00 STAKING OF TREES AND PALMS 1 Staking of Small Palm (4 "-6" Calipher at Maturit Ea. $ 90.00 $ 28.50 $ 70.00 2 Stakin2 Lar a Palms (Calipher greater than 6 ") Ea. $ 255.00 $ 44.50 $ 80.00 3 Staking Small Canopy Tree (2x2 posts and u wire, 4" -6" call her Ea. $ 125.00 $ 28.50 $ 70.OD 4 Stakin Lar a Canon Tree (2x4 posts, greaterthan 6" call her) Ea. $ 255.00 $ 44.50 $ 80.00 5 Hurricane Restanding and Staking Small Palm (4 " -6" Calipher at Maturity) Ea. $ 90.00 $ 50.00 $ 147.00 6 Hurricane than Restanding and Staking Large Palms (Calipher greater 6" Ea. $ 255.00 $ 90.00 $ 180.00 7 Hurricane Restanding and Staking Small Canopy Tree (2x2 posts and u wire, 4 " -6" call her ) Ea. $ 125.00 $ 50.00 $ 147.00 8 Hurricane Cali Restaking Large Canopy Tree (2x4 posts, greater than 6" her) Ea. $ 255.00 $ 90.00 $ 180.00 9 Removal of Staking for Small Palm 4 "-6" Calipher at Maturity) Ea. $ 15.00 $ 6.50 $ 25.00 10 Removal of Staking for Large Palms (Calipher greater than 6 ") Ea. $ 30.00 $ 15.00 $ 25.00 1 t Removal 4 of Staking for Small Canopy Tree (2x2 posts and guy wire, " -6" calipher Ea. $ 15.00 $ 6.50 $ 25.00 12 Removal 6" of Staking for Large Canopy Tree (2x4 posts, greater than call her Ea. $ 30.00 $ 15.00 $ 25.00 Pepe 7 of 9 Pmjsct Mg, Psm Lunch Dw Poewtl. 11 -2205 D:.0- un: 1213-05 ""' 063 V -G -dMMe F-k Iantl_, Mwn Annual Ca e AAd.d- 1 Agenda Item No. 1662 January 24, 2006 BE F e.,.tl. 3 Pwnsmo Advanced Amera Tech Commerical TOTAL STAKING OF TREES AND PALMS SUBTOTAL - SECTION 11 General Services SUBTOTAL - SECTION II ADDITIONAL SERVICES SUBTOTAL- SECTION II $ 1,540.00 $ 60,426.85 $ 469.00 $ 28,739.20 $ 1,054.00 $ 59,192.75 Corrected Numbers $ 60,806.85 $ 29 797.70 N III - ADDITIONAL 1 EMERGENCY LANDSCAPE MAINTENANCE SERVICES The Additional / Emergency Landscape Maintenance Services Bid is mandatory and must be completed by the bidder in order for their bid to be considered. Mowin and Edging Per sq. ft. Unit Cost: $ 0.10 $ 0.01 $ 0.10 M Weedin Hand removal and hand s ra ed herbicide Per s . ft. Unit Cost: $ 0.15 0.03 0.10 Prunin Removal and delivery of debris to landfill site Per Hour Unit Cost: $ 95.00 $ 30.00 $ 55.00 1 Fertilization (Labor for broadcasting 50 Ib. be Per Ba Unit Cost: $ 3.00 15.00 $ 5.00 Mulch A lication Labor for a pp I in 2cu. Ft. be s Per Ba Unit Cost: $ 0.70 $ 1.25 $ 2.00 s f Trash Pick -Up and Removal (Bagging and disposal to a landfill of trash from landscape areas and on -site containers Per Hour Unit Cost: $ 95.00 $ 30.00 55.00 Irri ation S stem Review Per Hour) Unit Cost: $ 50.00 $ 45.00 55.00 h Travel Time (Per Hour) Unit Cost: $ 30.00 $ 25.00 $ 55.00 i Landscape Laborer (Per Hour Unit Cost: 40.00 25.00 40.00 Truck Operator (Class B or higher current State of Florida Driver License (Per Hour ) Unit Cost: 70.00 $ 30.00 $ 85.0 k Stum Grinder and O erator Per Hour Unit Cost: 125.00 $ 60.00 $ 125.00 Bobcat and Operator Per Hour) Unit Cost: $ 175.00 $ 75.00 $ 125.00 I TOTAL ADDITIONAL I EMERGENCY LANDSCAPE MAINTENANCE SE $ 683.95 $ 336.29 $ 602.20 SUBTOTAL - SECTION III $ 683.95 $ 336.29 1 $ ou4.zu TOTAL BASE BID (SECTIONS I, II &III) $151,413.40 $336.29 $198,308.35 Corrected Numbers $ 162,642.49 Pwnsmo Agenda Item No. 1682 Prpjeol Mpr< Pam LUl� 11-22 -U5 811, 0 021 January 24, 2006 Daro PoaEetl'. 'GOO . Frank LarM —c Mainlan— A--I Contact' i'1a^ ^ 1'i4eSPa ,gr� 111 e(e Date Due: 12 -13-05 AtltlaMUms' 1 r 1�[Sep�a i{ap4i8aE'.I I Bitl Reoei�etl. 3 PLANTING SERVICES Advanced Amara Tech Commerical These services shall be activated in the event that damaged or dead plant material require replacement and/or landscape areas require minor renovations. Quotes requested for items under this Section generally shall be for small quantities. The Contractor shall bid installed Unit Prices which includes materials and labor required for the installation, MOT, initial watering and establishment hand watering provided the irrigation system is not providing proper coverage. All plant amterial provided shall be Florida #1 or better as specified by the Department of Agriculture's "Grades and Standards for Nursery Plants" Volumes I & II lastest edition. SUBCONTRACTORS TO BE USED: Qn no ilutanw m.y a subcontractor s p.rfrom more iMn 69Ye of tM tobl bid smount SPRAYING subcontractor a Name S ra in Phone: In -House N/A In -House 732 -0624 b IRRIGATION subcontractor Name Irri ation In -House N/A In -House Phone T32 -0624 REQUIRED DOCUMENTATION Documentation Enclosed: Y N Copy of the currrent Landscape Contractor's License and Irrigation Contractor's Lincense or Unlimited Landscape Y Y Y Contractor's License. State of Florida Contractor's Chemical A lication License. Y N Verification of current projects in landscaping maintenance business. Y Y Y Y N List of owned and/or leased a ui ment. Y N Documentation of at least three (3) years experience within Y Y Y Y Southwest Florida. Y Y Y N Documentation of minimum of three (3) years experience / o eration of Motorola Irrigation Control Systems. Y N Y Y N Proof of MOT certification. Y 1 N Y N Y Y Y The name and IRS W -4 form of the firm's em to ee qualifying. Y Y Y A ent: Brenda Brilhart Witness: Courtney Grosman Agenda item No. 1683 January 24, 2006 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to authorize the County Manager or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable document, and to accept the grant if awarded OBJECTIVE: To authorize the County Manager or his designee to execute the attached Federal Transit Administration (FTA) grant application and applicable documents and to accept the grant if awarded. CONSIDERATION: FTA funds, which are to be used for the purchase of vehicles to provide transportation services to the elderly and disabled residents of Collier County, are made available each year through an application process administered by the Florida Department of Transportation (FDOT). The Local Coordinating Board (LCB) has requested that the Collier County BCC submit an application for this year's funds to purchase two vehicles. As a governmental entity, the BCC is eligible to file the grant application and to continue the public transportation service. FISCAL IMPACT: The cost is estimated to be $160,000 for two (2) vehicles. If the grant request is approved, the source of funds will be $128,000 Federal, matched by $16,000 State and $16,000 local. The local share will be budgeted and programmed as part of the Transit Development Plan (TDP) Update in Fund 427 that will be incorporated in the Annual County Budget FY07. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize the County Manager or his designee to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5310 Grant, including executing the Certification and Assurance to FDOT document, a copy of which documents are attached hereto, to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. Any decision to terminate or otherwise not accept the Grant shall require this Board's prior approval as an agenda item. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: FTA Section 5310 Grant Application I Agenda item No. 16133 January 24, 2006 Checklist for Application Completeness: Section 5310 Page 2 of 22 — Ame of Applicant: Collier County Board of County Commissioners Check one: First Time Applicant Previous Applicant X_ The following must be included in Section 5310 grant applications in the following order: YES This Checklist YES Applicant's cover letter and 2 copies of the governing board's Resolution YES Application for Federal Assistance (Form 424, Code 20.513). YES Operating and Administrative Expenses Form and Revenue Form. YES Current Vehicle and Other Transportation Equipment Inventory Form. YES Capital Request Form. YES Exhibit A: Current System Description. YES Exhibit A -1: Data Information Fact Sheet. MMW- ES Exhibit B: Proposed Project Description. YES Exhibit C: Public Hearing Notice and Publisher's affidavit (for public agencies only) NA Exhibit D: Coordination Contract. NA Exhibit E: N/A YES Exhibit F: Federal Certifications and Assurances. NA Exhibit G: Certification of Equivalent Service (non - accessible vehicles request) YES Exhibit H: Applicant Certification and Assurance to FDOT. Date application was submitted to local Clearinghouse: 12/30/05 Agenda Item No. 1663 January 24, 2006 COLLIER COUNTY GOVERNMENT Page 3 of 22 TRANSPORTATION SERVICES DIVISION aw Alternative Transportation Modes Department 2885 Horseshoe Drive South • Naples, Florida 34104 • 239 -774 -8192 January 24, 2006 Mr. Wayne Chewning Florida Department of Transportation Post Office Box 1249 801 N. Broadway Bartow, FL 33830 -1249 RE: 5310 Grant Submittal Dear Mr. Chewning: FAX 239.213.5899 Collier County Board of County Commissioners (BCC) hereby submits this application for Section 5310 Program Grant Funds and agrees to comply with all assurances and exhibits attached hereto and by this reference thereof, as itemized in the Checklist for Application Completeness. Collier County Board of County Commissioners further agrees, to the extent provided by law in accordance with Sections 129.07 and 768.28, Florida Statutes to indemnify, defend and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of the non - compliance by the Agency, its officers, agents or employees, with any of the assurances stated in this Application. This Application is submitted on the 24h day of January 2006 with two (2) original resolutions authorizing the County Manager or his designee to sign this application and any other supporting documentation. Thank you for your assistance in this matter. S' rely, 1, Blanca Nieves Administrative Assistant Collier County enclosures Cc: Diane Flagg, Alternative Transportation Modes Director Norman Feder, Transportation Administrator Kelly Jones, Finance Department i Agenda Item No. 1683 January 24, 2006 COLLIER COUNTY GOVERNMENT Page 4 of 22 TRANSPORTATION SERVICES DIVISION Alternative Transportation Modes Department 2885 Horseshoe Drive South • Naples, Florida 34104 • 239 - 774 -8192 December 30, 2005 Ms. Nicole Gwinnett Southwest Florida Regional Planning Council 1926 Victoria Ave Fort Myers, FL 33901 FAX 239.213.5899 Re: Transmittal of Federal Transit Administration (FTA) 5310 Grant Application for Intergovernmental Coordination and Review, (IC &R) Dear Ms. Gwinnett: Enclosed please find one draft copy of Collier County's application for a grant of $128,000 in Federal assistance through the FTA 5310 program for the purchase of two (2) replacement paratransit vehicles. The draft application will be presented to the BCC on January 24, 2006. Please conduct the Intergovernmental Coordination and Review, (IC &R), and send a copy of your response to Mr. Wayne Chewning; Florida Department of Transportation; P.O. Box 1249; Bartow, Florida 33830 -1249. Thank you for your assistance in this matter. Sincerely, Lisa Hendrickson Public Transportation Planner Enclosures cc: Diane B. Flagg, Alternative Transportation Modes Director a► ! a w.: u N ►e t Y Agenda Item No. 1683 January 24, 2006 Page 5 of 22 RESOLUTION NO. 2006- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO APPLY FOR A FEDERAL TRANSIT AGENCY SECTION 5310 GRANT, TO REVISE AND EXECUTE ANY REQUIRED DOCUMENTATION, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED. WHEREAS, 49 U.S.C. 5310 authorizes the Secretary of Transportation to make grants and loans to local government authorities such as Collier County to help provide mass transportation services to meet the special needs of elderly individuals and individuals with disabilities; and WHEREAS, each year, through an application process administered by the Florida Department of Transportation, the Collier County Transportation Disadvantaged program has obtained funds that are used for the purchase of vehicles and for the provision of transportation services to the elderly and disabled residents of Collier County; and WHEREAS, the Collier County Local Coordinating Board (LCB) has requested that the Collier County Board of County Commissioners apply this year for FTA 49 U.S.C. 5310 funds in order to purchase vehicles to transport the elderly and disabled residents of Collier County; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has authority to apply for and accept grants from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Collier County, Florida, that: 1. The County Manager, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5310 Grant, including executing the Certification and Assurance to FDOT document, a copy of which documents are attached hereto, to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. 2. Any decision to terminate or otherwise not accept the Grant shall first require approval by the Board of County Commissioners as an agenda item. This Resolution shall be effective immediately upon signature by the Chairman. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2006. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I� Frank Halas, Chairman APPLICATION FOR IERAL ASSISTANCE 1, TYPE Vr ZDUt5IVII00IVty- APplication Prea placation Construction Construction x Non- Constr ctton ONon- Construction }, t GArYC JNFORMA710N Legal Name Collier Count+ Board of County Comm 2885 South Horseshoe Drive Naples, FI 34104 tx_ EMPLOYER IDENTIFICATION aNew ❑ Continuation O if Retiawo. rnw appropriate Inter(f) in box(s) A increase Award B. D—. Awmd C. laerease Duration D. Deereue Duran- Other (Specify) 10 , CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER TITLE Federal Tran: s-.. :,AS AFFECTED BY PROM (eioes, coaotxa. m m. et;.) Collier County, Florida 13. PROPOSED PROJECT Start Date Ending Date 7/11/20061 6/30/2007 is. ESTIMATED FUNDING _ Local DATE SUBMITTED 3, DATE RECEIVED BY STATE P.—ion 7276-0 5 33 14. CONGRESSIONAL DISTRICTS a. Pp Icunt 14 orgenizavona7 Unit Agenda Item No. 1683 January 24, 2006 Page 6 of 22 Applicant Identifier Application Identifier this application (give area code) Lisa Hendrickson, Public Transportation Planner iisahendrickson a- collier(aov.net (239) 213 -5886 7. TYPE OF APPLICANT (enter appropriate letter In box) A. State H. Independent S0o01 Dist, B. Counry 1. Store conor dw Ineutim orwili er Leunvt` C. Municipal J. Private Urr1 —hy D. Ttnvafkip K. Indian Tribe E. Intasute L. Individual .. F.I wourrdeipal M. Profit Organization. G. Spacial Muriel N. Other (Spmify) NAME OF FEDERAL AGENCY :DERAL TRANSIT ADMINISTRATION DESCRIPTIVE TITLE OF APPLICANTS PROJECT! Purchase of two (2) replacement paratransit vehicles. Requested Federal funds this Grant $ 128,000 �.I -p 16. IS AppUCATJON SUBJECTTOREVIEW BY STATE EXECtl11VEUnUnn L1111 -� $ 128,000 a. YES THIS PREAPPLICATION, APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVTEW ON $ 16,000 Date; M1112MA $ 16,0 b. NO r--1 PROGRAM IS NOT COVERED BY ED 12372 14 11. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? $rttora+!! Income � �. IC'Ya' auach an explanation ED a TOTAL $ 160 000 1 B. TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION PREPARATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF cHT ASSIST a A CE IS AWr u. Typed Name of Authorized Representative Y. ride . Norman Feder Trans ortation Administrator 239 774 -8192 e. Date Signed d. Signature of Authorized Representative Standard Form 424 (REV 4-R8) Previous Editions Not Usable Authorized for Local Reproduction Prperibed W OMB Circular A•102 2 Agenda Item No. 16B3 January 24, 2006 Page 7 of 22 TRANSPORTATION - RELATED OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant: Collier County Board of County Commissioners Date Completed 12/15/2005 Fiscal Period from 7/1106 - 6/30/07 TOTAL EXPENSE EXPENSE CATEGORY Labor 501 Fringe and Benefits 502 Services 503 Materials and Supplies 504 Vehicle Maintenance (504.01 Utilities 505 Insurance 506 License and Taxes 507 Purchased Transit Service "(508) $ 2,335,581 Miscellaneous 509 Leases and Rentals 512 Depreciation (513 Totals $2,335,581 Agenda Item No. 1683 January 24, 2006 OPERATING and ADMINISTRATIVE REVENUE Page 8 of 22 Name of Applicant Organization: Callier Couniv Board of County Commissioners Date Completed 12/15/2005 OPERATING REVENUES 6/30/07 TOTAL REVENUE Fscal Period from 7101/06 - Fares for Transit Services Toter- Tool Rural-(b) $135,757 $25,068 LP'assenger ial Transit Fares 402 $234,777 School Bus Service Revenue 403 Frei ht Tarriffs 404 Charter Service Revenues 405 Auxillary Transportation Revenues 406 Non -Trans ortation revenues 407 Total0 eratin Revenues OTHER REVENUES Taxes Levied direct by-Transit System 408 Local Cash Grants and Reimbursements 409 $778,192 Local Special Fare Assistance 410 State Cash Cash Grants and Reimbursements 411 State Special Fare Assistance 412 M Federal Cash Grants and Reimbursements 413 Interest Income 414 Contributed Services 430 Contributed Cash 431 Subsid from Other Sectors of Operations 440 Total of Other Revenues GRAND TnTei REVENUES $2,3 35,581 mccN (QOOfV r N O CA Z N QJ m Ecua — C (g co C M L I( t L i i L C s u C L 4- C Z ct C cc C Q U ll O U C O N cu U, 0 Q a) m Z ti 0 0 N .c c a� a 0 C O U CD (D CD O w t• O O O O 00 t� w 1+ '.. 7 _m O cli 00 C_ _ O'D M OS T N 0 OT N to I- Os _ m r� F- F- F- F- F- ❑ F- F- F- ►- D O Q Q~ a O O O p O O Z LL to LL LL LL LL �"� LL LL O ❑ LL 00 LL LL ❑❑❑ LL LL LL S O U �} Iv r.0 0 a7 QI 0 0 01 Q� N U ❑ O N O O N N Cl N O O N N O N O N O N o O O N N O O N N o O N O o N N CL X W .O C to C O O N N (� P N r� t~D `•T• � � �• (D m W U tCD cn � W t- N 00 N O O 0) O N S O co tD M CD R � to U? CO (D t` (D t" M co t� co O t (h O p �' O M (D O M (D O O O t0 m co M a0 M co M O 6) C co n M m m m Y g Q m DD m aD m oD m O m m tCD m QI Q m D Z (D co m O > M V m (D M X M aD M v co OD O v O > LL M LL M LL M LL m m LL d' LL V LL O LL R LL C LL LL 7 LL 0 LL 0 LL 0 0 rn [n co u U m iJ) m (n C W co (p M Vj C/J co fn R W V W V W ~ � n o a o T r r .LL— Q T LL T LL r LL i F- ''r Sf' (O t� f M M _O M M C� V � v C C } f ❑ LL 0Y O <T O) Q> CT) O) m V p C p et 1 � � 4 c t� `r aD � N (O rn ° (D o (n o (D o N m T m N m m m C" N m o fl. O O O p 0 0 0 N N N co I, N N r -- N mD p V O W w �Mmmm 0 to 0 to 0 V) 0 to 0 to an 0 0 to 0 to 0 LO 0 O 0 O to 0 to 0 0 to � wWwwUwWCUwW mm mmmm-It wwwww v ti a, � c m O ❑ ❑ ❑ •° °' ❑ ❑ ❑ c ❑ ❑ 0 ❑ ❑ ❑ L) XC� a: X O 0� W ff C w >Y x=C� m L O LL O LL LL O O LL E LL O LL O LL O LL O LL LL O O O LL LL O LL O LL ,= U O 0 0 0 0 oC 4 p 0 p 0 O 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 +� r N N NO N N N N N N N N N (N ti 0 0 N .c c a� a 0 C O U Agenda Item No. 16133 January 24, 2006 Page 10 of 22 CAPITAL REQUEST VEHICLE REQUEST OTHER CAPITAL REQUEST OTHER CAPITAL SUBTUTAL VEHICLE SUBTOTAL i 160,000 + OTHER CAPITAL SUBTOTAL$ 0 160,00{$ X 80 % = Federal Request $ 128,000 R or E R Number Of Vehicles Requested Options Estimated Cost FTA GMIS Code 2 25' wide body diesel buses with lift and 2 we positions (in each) $ 160,000 11 11. 11. 11. 11. 11. 160,000 Sub -Total OTHER CAPITAL REQUEST OTHER CAPITAL SUBTUTAL VEHICLE SUBTOTAL i 160,000 + OTHER CAPITAL SUBTOTAL$ 0 160,00{$ X 80 % = Federal Request $ 128,000 FY 2006 Grant application, 5310 EXHIBIT A: Current System Description: FTA - 5310 Agenda Item No. 1663 January 24, 2006 Page 11 of 22 Currently, the CTC provides transportation services to the general public through its, management entity McDonald Transit Associates, Inc. Service is available seven days per week, 24 hours per day. All service is provided by contracted operators. Service includes door to door and curb to curb. Drivers will assist anyone who appears to need assistance, especially the frail and elderly and those who are mentally or physically disabled, from their door to their seat on the vehicle. Drivers will not go into a home and cannot go to rooms of nursing homes or hospitals due to time constraints and liability issues. Office hours are from 7:00 a.m. to 5:30 p.m. Monday through Friday. After hours calls are forwarded to one of the contracted carriers who have actual operations twenty -four hours per day. All available funds will be used to carry out the mission of the Collier County Local Coordinating Board, which is to carry out a coordinated and comprehensive approach to planning, developing and providing transportation services that meet the needs of transportation disadvantaged persons. It is estimated that over 235,000 one -way trips will be provided during the current fiscal year. Fares for the general public will be the same as other passenger fares. As mentioned above, service is managed by a contracted management company, McDonald Transit Associates, Inc. Service is provided by carriers under contract to McDonald Transit using vehicles owned by the county and by the carriers. Currently, the system operates 25 routes and provides back -up service with additional vehicles. All maintenance is performed by Collier County Fleet Management for County owned vehicles. Safety is a primary concern of all transportation entities. Our current vehicle inventory is supplied elsewhere in this grant application. As can be seen, many of the vehicles presently in the Collier Paratransit Fleet have high mileage on them. The CTC would like to be able to replace two vehicles. Agenda Item No. 16133 January 24, 2006 Required for Section 5310 Page 12 of 22 EXHIBIT A -1 DATA INFORMATION FACT SHEET PART 1 - For Section 5310 Applicants Only Type of Service Existing If Grant Is Awarded 1 Number of one -way passenger trips provided to elderly and persons With disabilities (E &D): ** Year 235,000 235,000 2 Number of individual E &D persons Served: (Unduplicated):* Year 1,964 1,964 3 Percentage of E &D needing wheelchair positions: Avg. 240/6 24% 4 Number of vehicles to provide service: Avg. 26 26 5 Number of ambulatory seats: Avg. 226 226 6 Number of wheelchair positions: Avg. 25 25 7 Vehicle miles traveled: Per Year 1,368,349 1,368,349 8 Avg, Vehicle Miles per day 4,386 4,386 9 Normal number of days in operation per week: 10 Normal hours of vehicle operation per day: 11 Average trip length: 6 6 • /t 10 5.82 5.82 * Estimates are acceptable ** See page 50 for definition of one -way passenger trip. EXHIBIT B: Proposed Project Description: FTA - 5310 Agenda Item No. 1683 January 24, 2006 Page 13 of 22 The Collier County Board of County Commissioners is requesting FTA Section 5310 funds in the amount of $128,000 (80 %). State match funds in the amount of $16,000 (10 %) will also be requested. This will be matched with local funds in the amount of $16,000. Funds from this grant will be used to purchase replacement vehicles to continue the existing level of service. The vehicles scheduled for replacement have exceeded their useful life and must be replaced if normal service is to continue. These and other vehicles will be used to provide transportation services throughout the county. The vehicles will be leased to providers under contract. Maintenance of these vehicles will be performed by the Collier County Management Department. Section 5310 funding for these vehicles is essential if service is to continue. Collier County currently provides over $1,000,000 each year to provide paratransit service. The current fleet of vehicles is inadequate due to their age and condition. If this grant is not approved, Collier County may be forced to use some of the Local Operating funds to purchase replacement vehicles. If this happens, trips will be reduced and many passengers may not have access to medical, shopping and other life sustaining transportation. A Budget is provided elsewhere in the grant application. 10 Agenda Item No, 16133 January 24, 2006 Page 14 of 22 Exhibit C — Public Notice Collier County Government Transportation Division Contacts: Connie Deane Alternative Transportation Community Liaison Modes Department 774 -8192 or 774 -8365 2885 S. Horseshoe Drive Eileen O'Grady Naples, FL 34104 Public Information Specialist 774 -8192 or 213 -5801 Dec. 13, 2005 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC HEARING -• -a 11. All interested parties within Collier County are hereby advised that the Collier County Board of Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310 of the Federal Transit Act of 1991, as amended, for the purchase of two (2) lift. equipped body -on- chassis buses to be used for the provision of public transit services within Collier County. The estimated cost of each vehicle is between $48,000 and $65,000. A public hearing has been scheduled on Friday, Jan. 20 at 9 a.m. at the Alternative Transportation Modes Department, located at 2885 South Horseshoe Drive, for the purpose of advising all interested parties of service being contemplated if grant funds are awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or para - transit operators in the area. This hearing will only be conducted it and only if, a written request for a hearing is received by two days prior to the scheduled hearing. Requests for a hearing must be addressed to Public Transportation Planner Lisa Hendrickson, Transportation Division, 2885 South Horseshoe Drive, Naples, FL 34104 and a copy sent to Public Transportation Manager John Starling, Florida Department of Transportation — District One, P.O. Box 1249, 801 N. Broadway, # 110, Bartow, FL 33830 -1249. For more information, call Lisa Hendrickson at 213 -5889. -End- [News Media: If you have any questions, please contact Community Liaison Connie Deane at 774 -8192 or 774 -8365 or Public Information Specialist Eileen O'Grady at 774 -8192 or 213 -58011 ' Y566-0j` C-5.% Agenda Item No. 16133 January 24, 2006 ,age 6 of 22 Ship to: Cotvier County 2705 Horseshoe Drive South Naples, FL 34104 Tel. 239 - 213 -5SS6 REQUEST TO PURCHASE Requested by: Lisa Hendrickson / Blanca Nieves Date: Tuesday, December 13, 2005 Vendor Name: Naples Daily News -Pam Perrell tews.com Vendor Tel #: (239) 263 -4832 desk FAX: (941) 263 -4723 Purchase Order #: M Description •:. -nit Yric' . Total 1 da F run classified ad for NOTICE OF PUBLIC HEARING: All interested parties within Collier county are hereby advised that the Collier County Board of commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310 of the Federal Transit Act of 1991, as amended, for the purchase of two (2) lift- equipped Body -on- Chasis buses to be used for the provision of public transit services within Collier County. The estimated cost of each vehicle is between $48,000 and $65,000. A public hearing has been scheduled on Friday, Jan. 20 at 9 a.m. at the Alternative Transportation Modes Department, located at 2885 South Horseshoe Drive, for the purpose of advising all interested parties of service being contemplated if grant funds are awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or pars- transit operators in the area. This hearing will only be conducted if, and only if, a written request for a hearing is received by two days prior to the scheduled hearing. Requests for a hearing must be addressed to Public Transportation Planner Lisa Hendrickson, Transportation Division, 2885 South Horseshoe Drive, Naples, FL 34104 and a copy sent to Public Transportation Manager John Starling, Florida Department of Transportation — District One, P.O. Box 1249, 801 N. Broadway, # 110, Bartow, FL 33830 -1249. For more information, call Lisa Hendrickson at 213 -5889 Total Amount Requested Bid # Quotes Attached Justification for\ Purchase (Required by CC Policy) FUND: 427 Cost Approved: Diane 9. Flagg, Director Traffic Ops /Alternative Transportation Modes Object Code _3142L Project # Collier Coun Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 December 10, 2005 Agend Govemmen �� Contact: Sandra Arnold- Lawson Public Information Coordinator (239) 774 -8308 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC HEARING No. 16B3 ,, 94, 2006 h� of 22 All interested parties within Collier County are hereby advised that the Collier County Board of Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310 of the Federal Transit Act of 1991, as amended, for the purchase of two (2) lift - equipped Body -on- Chasis buses to be used for the provision of public transit services within Collier County. The estimated cost of each vehicle is between $48,000 and $65,000. A public hearing has been scheduled on Friday, Jan. 20 at 9 a.m. at the Alternative Transportation Modes Department, located at 2885 South Horseshoe Drive, for the purpose of advising all interested parties of service being contemplated if grant funds are awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or para- transit operators in the area. This hearing will only be conducted if, and only if, a written request for a hearing is received by two days prior to the scheduled hearing. Requests for a hearing must be addressed to Public Transportation Planner Lisa Hendrickson, Transportation Division, 2885 South Horseshoe Drive, Naples, FL 34104 and a copy sent to Public Transportation Manager John Starling, Florida Department of Transportation — District One, P.O. Box 1249, 801 N. Broadway, # 110, Bartow, FL 33830 -1249. For more information, call Lisa Hendrickson at 213 -5889. -End- Agenda Item No. 16133 January 24, 2006 Page 18 of 22 Exhibit F — Federal Certifications and Assurances Agenda Item No. 16B3 January 24, 2006 Page 19 of 22 Appendix A FEDERAL FY 2005 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE Name of Applicant: Collier County Board of County Commissioners The Applicant agrees to comply with applicable requirements of Categories I - XV. —X-- (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: I. Certifications and Assurances Required of Each Applicant. II. Lobbying Certification III. Effects on Private Mass Transportation Companies IV. Public Hearing Certification for a Project with Substantial Impacts V. Certification for the Purchase of Rolling Stock VI. Bus Testing Certification. VII. Charter Service Agreement. VIII. School Transportation Agreement. IX. Certification for Demand Responsive Service X. Substance Abuse Certifications XI. Certification for a Project Involving Financing Costs XII. Certifications for the Urbanized Area Formula Program and the Job Access and Reverse Commute Program XIII. Certifications for the Elderly and Persons with Disabilities Program XIV. Certifications for the Nonurbanized Area Formula Program XV, Certifications for the State Infrastructure Bank (SIB) Program (Both sides of this Signature Page must be appropriately completed and signed where indicated.) Agenda Item No. 16133 January 24, 2006 Page 20 of 22 Appendix A FEDERAL FISCAL YEAR 2005 FTA CERTIFICATIONS AND ASSURANCES Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project Name of Applicant: y Commissioners Name and Relationship of Authorized Representative: Norman E Feder Transportation Administrator BY SIGNING BELOW 1, Norman E. Feder, on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2005. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2005. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq. as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Date: Signature Name: Norman E.Feder Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY for Collier County Board of CountyCommissioners (Name of Applicant) As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I will notify th p lic t m %� , w ich may so inform FTA. �it Date: 1 Simature I - = Name: SCOtt li learn RSSlStani l ouaiiy nuviiicy_ Applicant's Attorney Each Applicant for FTA financial assistance (except 49 U.S.G. 5312(b) assistance) and each FTA Grantee with an active capital or formula project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its PIN number in lieu of the electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney dated this Federal fiscal year. Agenda Item No. 16133 January 24, 2006 Page 21 of 22 EXHIBIT H APPLICANT CERTIFICATION AND ASSURANCE TO FDOT To be completed and signed by an individual authorized by the governing board of the appLcant ageney and submitted with the grant application The Collier Coun tv BCC certifies and assures to the Florida Department of Transportation in regard to its Application for Assistance under 49 U.S.C. Section 5310 dated January 24, 2006 1) It shall adhere to all Certifications and Assurances made to the federal government in its Application. 2) It shall comply with Section 341.051 Florida Statutes and Chapter 14 -73 Florida Administrative Code. 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local matching funds will be available to purchase vehicles /equipment at the time an order is placed. 5) It will carry adequate insurance to maintain, repair, or replace project vehicles /equipment in the even of loss or damage due to an accident or casualty, 6) It will maintain project vehicles /equipment in good working order for the useful life of vehicles /equipment. 7) It will return project vehicles /equipment to the Department if, for any reason, they are no longer needed or used for the purpose intended. 8) It recognized the Department's authority to remove vehicles /equipment from its premises, at no cost to the Department, if the Department determines the vehicles /equipment are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. 9) It will not enter into any lease of project vehicles /equipment or contract for transportation services with any third party without prior written approval of the Department. 10) It will notify the Department within 24 hours of any accident or casualty involving project vehicles /equipment, and submit related reports as required by the Department. 11) It will submit an annual financial audit report to the Department, if required by the Department. Date: Signature: Norman Feder Transportation Administrator Typed name and title Agenda (tern No 1683 January 24. 2006 Pape 22 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: �`. 1683 Recommendation to authorize the County Manager or his designee to execute the attached Item summary: Section 5310 grant application and applicable document, and Federal Transit Administration to accept the grant d awarded. Meeting Date: 1124i20o6 9:OC:00 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 116/2006 6:14 PM Approved By Barbara LaPiarto ManagementiBudget Analyst Date 11672006 1:04 PM Transportation Services Traffic Operations Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 1 r6 /2006 3:23 PM Approved By Marlene J. Foord Grants Coordinator Date Services Administrative Services Admin. 41612006 3:27 PM Administrative Approved By aron Nenan Sharon n 9 Suparvisor Accounting Date Transportation Services Transportation Services Admin 1(612006 7:04 PM Approved By Norm E. Feder, AIGP Transportation Division Administrator Gate Transportation Services Transportation Services Admin. 111012006 1:1T PM Approved By Pat Lehnnard Executive Secretary Date Transportation Services Transportation Services Admin 1/10/2006 3:19 PM Approved By OMB Coordinator Administrative Assistant Data County ManageYS Office office of Management &Budget 111112006 11:44 AM Approved By Mark Isacksun Budget Analyst Date County Manager's Office Office of Management &Budget 1/12/2006 6:07 PM Approved By Michael Smykowski Management & Budget Director Date county Managors Office Office of Management & Budget 1113/2006 7:26 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/1712006 4:36 PM Commissioners Agenda Item No. 1684 January 24, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to award Bid #06 -3928 "Livingston Road (Vanderbilt Beach Road to Immokalee Road) Annual Landscape Maintenance Contract" to Commercial Land Maintenance in the amount of $189,398.40 (Project #620717). OBJECTIVE: Award Bid #06 -3928 "Livingston Road (Vanderbilt Beach Road to Immokalee Road) Annual Landscape Maintenance Contract" to Commercial Land Maintenance. CONSIDERATIONS: On November 23, 2005 the Purchasing Department sent out 111 notices for the Livingston Road (Vanderbilt Beach Road to Immokalee Road) Annual Landscape Maintenance Contract. On December 9, 2005 a non - mandatory pre -bid meeting was held. On December 16, 2005 four (4) bids were opened. Staff reviewed the unit pricing and three were determined to be responsive bids. Amera Tech was determined to be the non - responsive bidder due to lack of proper documentation submitted as per the bid. Reference check was done and proved to be unsatisfactory in other municipality in which this vendor has a current contract with. Staff recommends awarding the Bid #06 -3928 to the apparent, lowest, qualified bidder, Commercial Land Maintenance in the amount of $189,398.40. Bidder Base Bid Commercial Land Maint. $189,398.40 Advance Lawn $198,161.20 Amera Tech Non- responsive FISCAL IMPACT: To fund this contract, a budget amendment is necessary moving budgeted dollars within the MSTD General Fund Landscape (112) as follows; From To Amount Project 620131 Project 620717 $157,350 Project 620715 Project 620717 $69,900 Project 601551 Project 620717 $20,750 Total $248,000 Additional budgeted dollars representing the difference between this budget amendment ($248,000) and the low bid ($189,398.40) will fund project costs including water, mulch, fertilizer and electricity. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #06- 3928 to Commercial Land Maintenance for the Livingston Road ( Vanderbilt Beach Road to Immokalee Road) Annual Maintenance Contract; authorize the Chairman to execute the standard contract after review by the County Attorney's Office and approve all .. necessary budget amendments. Agenda Item No. 1684 January 24, 2006 Page 2 of 12 Prepared By: Bob Petersen, Department of Alternative Transportation Modes Attachments: Bid Tab #06 -3928 Agenda liern No. 1684 January 24, 2006 Pace 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - _..,,. Item Number: 1684 Item Summary: Recommendation to award Bid #06 -3928 Livingston Road Vanderbilt Beach Road to Immokalee Road) Annual Landscape Maintenance Contract to Commercial Land Maintenance in the amount of $189.396.40 (Project #620717). Meeting Date: 1!2412006 9:00.00 AM Prepared By Bob Petersen Project Manager Date Transportation Services Alternative Transportation Modes 1/5!2006 4:45:23 PM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 1157006 4:57 PM Approved By Diane B. Flagg Director ATM Director Dale Transportation Services Alternative Transportation Modes 1/612006 6:01 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 116!2006 8:42 AM Approved By Gloria He— ManagerttentrBudget Analyst Date Transportation Services Stormwater Management 11612006 290 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing VG/2006 3:68 PM Approved By Steve Carrell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 1/6120064:01 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 7/912006 10:05 AM Approved By Sharon Newrnan Accounting Supervisor Dete Transportation Services Transportation Services Admin 119!2006 12:36 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Data Transportation Services Transportation Services Admin. 1/1012006 1:07 PM Approved By OMB Coordinator Adrinistrative Assistant Date County Manager's Office Office of Management & Budget 1/11120061L42 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1!1212006 11:02 AM Approved By Michael Smykowski Management & Budget Director Data County Manager's Office Office of Management & Budget 1118120061:17 PM Approved By James V. Mudd Couny Manager Date Board of County County Manager's Office 1,78 120uE 4:61 PM Commissmners P-Wt MOr.'. -..L.1- Dsm Po.- 11 -23-05 D.m Due: 12.1"s BID'. oe -.2. LiNg- R- d(V- d,blll Bch Rwd m Immolulaa) A- ,[-dsa Contact Addendum. 1 Agenda Item No. 16134 January 24, 2006 pQgC c� 12 ew. aeoeroee. 4 SECTION ITEM DESCRIPTION SITE I: LIVINGSTON ROAD Vanderbilt Beach Road to Immokalee Road I Basic Maintenance Functions Advanced Amera -Tech Commercial Vilia & Sons 1 a Mowing & Edging - Median St. Augustine: 119,574 SF Unit Cost: $ 150.00 $ 115.00 $ 100.00 $ 800.00 Total Cost (52): $ 7,800.00 $ 5,960.00 $ 5,200.00 $ 41,600.00 1 b IMowina & Edging - Bahia Side Road ATM :194,552 SF Unit Cost: $ 260.00 $ 110.00 $ 175.00 $ 1,200.00 Total Cost 52: $ 13,520.00 $ 5,720.00 $ 9,1 DOW $ 62,400.00 1 c Mowing & Edging - Bahia Edge of ROW (RB): 1,165,728 SF Unit Cost: $ 630.00 $ 675.00 $ 800.00 $ 4,725.00 Total Cost-(52-j: $ 32,760.00 $ 35100.00 $ 41,600.00 $ 245,700.00 Total Cost Item 1 $ 54,080.00 $ 46,800.00 $ 55,900.00 $ 349,700.00 2 Weeding Unit Cost: $ 350.00 $ 150.00 $ 450.00 $ 252.00 Total Cost (52 ) $ 18,200.00 $ 7,800.00 $ 23,400.00 $ 13,104.00 3 General Site Pruning Unit Cost: $ 200.00 $ 100.00 $ 100.00 $ 252.00 Total Cost 52 : $ 10,400.00 $ 5,200.00 $ 5.200.00 $ 13,104.00 4 PRUNING: CANOPY TREE Canopy Trees: -Aril - September) Two Times Bucida buceras'Shad Lad ' / Shady Lady Black Olive Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 $ 218.50 Total Cost 2(72): $ 720.00 $ 432.D0 $ 144.00 Bauhinia blakeana / Hong Kong Orchid Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 $ 82.80 Total Cost 2(28): $ 280.00 $ 168.00 $ 56.00 6 # Cassia surratensus / Yellow Cassia Unit Cost (Ea. Cut ) $ 5.00 $ 3.00 $ 1.00 $ 46.00 Total Cost 2(15: $ 150.00 $ 90.00 $ 30.00 Ilex attenuata 'East Palatka' / East Palatka Holly Unit Cost (Ea. Cut ) $ 5.00 $ 3.DD $ 1.00 $ 92.00 Total Cost 2(31: $ 310.00 $ 186.00 $ 62.00 Koelreuteria elegans / Golden Rain Tree Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 $ 92.00 Total Cost 2(31): $ 310.00 $ 186.00 $ 62.00 . Li ustrum lucidum Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 $ 115.00 Total Cost 2(22): $ 220.00 $ 132.00 $ 44.00 Quercus vi iniana / Live Oak Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 $ 97.75 Total Cost 2(53): $ 530.00 $ 318. D0 $ 106 00 �' Tabebuia im eti inosa / Purple Trumpet Tree Unit Cost (Ea. Cut ) $ 5.00 $ 3.00 $ 1.00 $ 97.75 Total Cost 2(55): $ 550.00 $ 330.00 $ 110.00€ Total Cost Item 4 $ 3,070.00 $ 1,842.00 1 $ 614.00 $ 1.683.60 P.p. , eru P",j Mp, .'. Pam L,Ii Dote Pdabd'. 11.2305 Date Due: 12 -10-05 BID: 00 -0028 L,,,gsten RdediVendedhlt Bch RoadbImmpk -I Annual Landscape Gmftact Addendum: 1 Agenda Item No. 16134 January 24, 2006 mm 12 BASRA wd:4 5 PRUNING: PALMS Advanced Amara -Tech Commercial Villa & Sons Palms June Pruning) One Time Coco nucifera 'Green Malayan'/ Green Malayan Coconut Palm Unit Cost Ea. Cut $ 15.00 $ 15.00 $ 25.00 $ 15.00 Total Cost (9): $ 135.00 $ 135.00 $ 225.00 $ 135.00 Ro stonia elata / Florida Royal Palm Unit Cost Ea. Cut See Bid $ 9.00 $ $ 30.00 Total Cost (20): $ $ 180.00 $ $ 600.00 Sabal palmetto I Booted Caba a Palm Unit Cost Ea. Cut $ 15.00 $ 15.00 $ 15.00 $ 30.00 Total Cost 168: $ 2,520.00 $ 2,520.00 $ 2,520.00 $ 5,040.00 Wod eba bifurcata / Foxtaii Palm Unit Cost Ea. Cut See Bid $ 6.00 $ $ 15.00 Total Cost (60): $ $ 360.00 $ $ 900.00 Total Cost Item 5 $ 2,655.00 $ 3,195.00 $ 2,745.00 6 1 IFERTILIZATION (County will supply granular fertilizer A applications of Transportation Blend (8.2 -12) during February, May, August, November and 2 ap9lications of 0 -0 -22 Burin g June and October. Turf, Groundcover, Shrubs, and Trees Unit Cost - per bag: $ 3.00 $ 15.00 $ 4.00 $ 9.25 Total Cost - 220 b s.: $ 660.00 $ 3,300.00 $ 880.00 $ 2.035.00 7 Perform Sequestrene Iron Drench Application - Four (4) applications applied during the months of March, June September and December. Unit Cost $ 150.00 $ 675.00 $ 250.00 $ 955.00 Total Cost (4): $ 600.00 $ 2,700.00 $ 1,000.00 $ 3,820.00 B 20 -20.20 with Ferromec AC 13 -0-0 plus 6% Iron - 6 applications Unit Cost: $ 150.00 $ 425.00 $ 100.00 $ 1,109.00 Total Cost 6 $ 900.00 $ 2,550.00 $ 600.00 $ 6,654.00 9 ORNAMENTAL AND TURF SPRAYING a.1 Turf Area: 1 Insecticides & Fungicides Unit Cost: $ 250.00 $ 1.000.00 $ 300.00 $ 828.00 Total Cost (12): $ 3,000.00 $ 12,000.00 $ 3.600.00 $ 9,936.00 2 Herbicides ( 5 applications to include pre -emergent in Feb. and Sept, post emergent in Nov. Jan., and March Unit Cost: $ 250.00 $ 900.00 $ 300.00 $ 360.00 Total Cost (5): $ 1,250.00 $ 4500.00 $ 1.500.00 b. Groundcover, Shrubs, & Trees: 1 Insecticides & Fungicides - Twelve applications Unit Cost: $ 100.00 $ 600.00 $ 100.00 $ 360.00 Total Cost (12): $ 1,200.00 $ 7,200.00 $ 1,200.00 $ 4,320.00 C., Bed Area 1 Herbicides - ( 5 applications to include pre - emergent in Feb. and ISept, post emergent in Nov. Jan., and March Unit Cost: $ 100.00 $ 300.00 $ 200.00 $ 380.00 Total Cost (5): $ 500.D0 $ 1,500.00 1 $ 1,000.00 $ 1,900.00 Total Item 9 $ 5,950.00 $ 25,200.00 $ 7,300400 10 MULCHING Organic Application (Calculated using 60,487 SF (2" mulch, 2 cu. Ft. bags, 373.3 CY ) 2 a lications= 10,072 bags or 746,1 CY two inch in November and May Unit Cost per installation of one 2 cu.ft bag: $ 0.70 $ 1.25 $ 0.85 $ 4.80 Total Cost Two Applications of 2" Mulch or 10,072 B s.: $ 7,050.40 $ 12.590.00 $ 8,56110 $ 48,345.60 Pmject Mg,.. Pam _,Ib D- Posted- 11.23 -95 Date Due 12-19 -t)5 BID -. W-3928 Livinpebn Road (Y ende,Eilt Bah Road b Immok� lee) Annual L-d- Co and Addendum: 1 Agenda Item No. 1684 ,January 24, 2006 P '441, 2 Bbs Reeerved: 4 Pnae 3 or o Advanced Amera -Tech Commercial Vilia & Sons 11 Irrigation Systems a. Irri ation Systems: Weekly Service Requirements Unit Cost: $ 200.00 $ 350.00 $ 200.00 $ 70.00 Total Cost 52 $ 10,400.00 $ 18.200.00 $ 10,400.00 $ 3,640.00 b. Irrigation Systems: Monthly Service Requirements Unit Cost: $ 175.00 $ 175.00 $ 75.00 $ 765.00 Total Cost 12 $ 2,100.00 $ 2,100.00 $ 900.00 $ 9,180.00 Total Item 11 1 $ 12,500.00 $ 20,300.00 $ 11,300.00 $ 12,820.00 12 Trash Removal- 52 - prior to mowing in all turf areas. Price includes all sid osal fees, charges for disposal. Unit Cost: $ 150.00 $ 50.00 $ 200.00 $ 56.00 Total Cost (52): $ 7,600.00 $ 2,600.00 $ 10,400.00 13 Street Cleaning Side of right of wa Unit Cost: $ 150.00 $ 150.00 $ 100.00 $ 235.00 Total Cost (52): $ 7,800.00 $ 7,800.00 $ 5.200.00 $ 12,220.00 14 LANE CLOSURE - Maintenance of Traffic to be included in unit pricing In Bid In Bid In Bid In Bid 15 PRESSURE CLEANING BRICK PAVERS Ia. I Pressure Cleaning Unit Cost: $ 1,200.00 $ 350.00 $ 50.00 $ 1,506.00 Total Cost(6 ): $ 7,200.00 $ 2,100.00 $ 300.00 $ 9,036.00 SUBTOTAL SECTION I - ANNUAL COSTS ITEMS 1.15) $ 138,865.40 $ 143,977.00 $ 133,400.20 $ 510,197.20 16 TOTAL MEN Crew Size TO PERFORM SERVICES a. (Minimum 4 person crew required per week PerWeekl 1 5 $ 8.00 5 4 b ESTIMATED TOTAL MAN- HOURS TO PERFORM REQUIRED SERVICES (The contractor shall submit the amount of man -hours that they intend to provi de to this Contract on a weekly basis) Hours per week 50 105 45 166 II SECTION II - ADDITIONAL LANDSCAPE MAINTENANCE SERVICES Should additional work of the following description be rquired, adjustment will be made to the Contract Sum at the following Unit Prices, which shall include all expenses, including Overhead and Profit, MOT, Supervision and Transportation. GENERAL SERVICES a Landscape Supervisor (per man hour $ 50.00 $ 40.00 $ 50.00 $ 50.00 b Irrigation Technician (per man hour $ 50.00 $ 45.00 $ 65.00 $ 35.00 c Irri ation Labor (per man hour $ 40.00 $ 30.00 $ 45.00 $ 23.50 d Laborer/Helper (per man -hour $ 40.00 $ 25.00 $ 45.00 $ 21.50 e Pine Straw - Labor Cost Per Bale Only $ 3.25 $ 3.00 $ 6.00 $ 4.50 f Materials - Cost Plus 25% Maximum for items not listed 25% 25% 25% 25% Rental cost per day of a 4,000 gallon tanker with Operator with Required O erator License $ 1,300.00 $ 700.00 $ 500.00 $ 650.00 h I Additional Hand Watering (Contractor to provide Tanker and Operator) Per hour cost $ 175.00 $ 60,00 $ 85.00 $ 65.00 i Stump Grinder and Operator (per hour costs $ 125.00 $ 55.00 $ 125.00 $ 40.00 Stump Removal r hour $ 255.00 $ 35.00 $ 255.00 $ 55.00 Bobcat and Operator (per hour costs $ 175.00 $ 65.00 $ 175,00 $ 46.00 TOTAL GENERAL SERVICES A. -E, G -J rv" Pnae 3 or o Poj.W Mp,.. Pam Lulich Deb Posted: 11 -23 -05 Deb Dw: 12 -1B -05 BID: 0 392 Livinpstan Rnad (VandeiDlll Bch Road b ImmoMles) Annual Landa Con 0 Addend- 1 Agenda Item No. 1684 January 24, 2006 la F yrnom PLANTING SERVICES Advanced Amera -Tech Commercial VIIia & Sons These services shall be activated in the event that damaged or dead plant material requires replacement and/or landscape areas require minor renovations. Quotes requested for items under this Section generally shall be for small quantities. The Contractor shall bid installed Unit prices which includes materials and labor required for the installation, MOT, initial watering and establishment hand watering provided the irrigation system is not providing proper coverage. All plant material provided shall be Florida #1 or beter as specified by the Department of Agriculture's "Grades and Standards for Nursery Plants" Volumes I & II latest edition. ITEM a. Mulch 1 Shredded Cypress Bark, Grade "a ", 2" depth - Units . ft. sf $ 1.75 $ 0.30 $ 1.50 $ 015 2 Eucalyptus, Grade "A" 2" depth - Units . ft. sf $ 1.75 $ 0.40 $ 1.50 $ 0.40 _ 3 Pine straw, 3" fluffed depth - Units . ft. sf $ 0.80 $ 0.30 $ 1.50 $ 0.25 4 Washed shell, 3" depth - Units . ft. sf $ 5.25 $ 1.00 $ 6.00 $ 0.55 5 Gray slag ravel, 112" - Units . ft. sf I $ 4.75 $ 1.25 $ 6.00 $ 0.25 a.1 TOTAL MULCH $ 14.30 $ 3.25 $ 16.50 $ 1.70 b. Plants 1 4" Container, Annuals /Perennials Begonias, Impatiens, Lantana, Pentas, Purple queen, Dune sunflower, Perennial Peanut Ground Cover, etc. Ea $ 3.25 $ 1.75 $ 3.25 $ 1.95 b. TOTAL 4" Plants $ 3.25 $ 1.75 $ 3.25 $ 1.95 C. 1 Gallon Container 1 African Iris Ea. $ 12.00 $ 5.00 $ 10.00 $ 3.50 2 Sand Cord rass Ea. $ 18.00 $ 4.00 $ 10.00 $ 3.50 3 Plumba o Ea. $ 12.00 $ 5.00 $ 10.00 $ 4.00 4 Lily of the Nile Ea. $ 12.00 $ 5.00 $ 10.00 $ 4.00 5 Coontie Ea. $ 18.00 $ 7.00 $ 18.00 $ 8.50 6 Day-lily, evergreen variety Ea. $ 12.00 $ 5.00 $ 10.00 $ 4.00 7 Florida Game Grass Ea. $ 12.00 $ 4.50 $ 10.00 $ 3.50 8 Juniper 'Pa rsonil' Ea. $ 12.00 $ 4.50 $ 10.00 $ 3.75 9 Lantana Ea. $ 12.00 $ 4.50 $ 10.00 $ 3.25 10 Pentas Ea. $ 12.00 $ 4.00 $ 10.00 $ 3.25 11 Lirio e 'Evergre en giant' Ea. $ 12.00 $ 4.00 $ 10.00 $ 3.25 12 Purple queen Ea. $ 12.00 $ 4.50 $ 10.00 $ 3.25 13 Spider Lily Ea. $ 16.00 $ 5.00 $ 10.00 $ 4.00 14 Muhly grass Ea. $ 12.00 $ 8.00 $ 10.00 $ 3.75 15 Perennial Peanut ground cover Ea. $ 12.00 $ 4.50 $ 18.00 $ 3.75 16 Ground Orchids Ea. $ 16.00 $ 15.00 $ 18.00 $ 10.00 17 Asian'asmine'Minima' Ea. $ 12.00 1 $ 6.00 $ 10.00 $ 4.00 c TOTAL 1 Gallon Container $ 224.00 $ 95.50 $ 194.00 $ 73.25 d. 3 Gallon Container 1 Coco plum Ea. $ 20.00 $ 9.00 $ 18.00 $ 9.25 2 Thryallis Ea. $ 20.00 $ 11.00 $ 18.00 $ 9.70 3 Bush Allamanda Ea. $ 20.00 $ 9.00 $ 18.00 $ 9.25 4 Allamanda Hendersonii Dwarf Ea. $ 20.00 $ 9.00 $ 18.00 $ 9.70 5 Bou ainvillea'HelenJohnson' Ea. $ 20.00 $ 12.00 $ 20.00 $ 10.60 6 Ixore'Nora Grant' Ea. $ 20.00 $ 12.00 $ 18.00 $ 9.25 7 11ndian Hawthorne Ea. 20.00 $ 10.00 $ 18.00 $ 11.50 yrnom Project MGr.'. Pem Wlkh D.b Pocbd'. 11 -23 -05 D.te Due 12 -1605 BID- M3G2e --g-n Ro.d (Ver Mlll Bch Ro.d b Immokebe) A .... I L--pe Confr c Addendum' 1 Agenda Item No. 1664 January 24, 2006 Ra 12 Bitic Received: 4 W7,» Advanced Amera -Tech Commercial Vilia & Sons Juniper 'Parsoni' Ea. $ 20.00 $ 10.00 $ 18.00 $ 9.70 Coontie Ea. $ 40.00 $ 20.00 $ 30.00 $ 20.50 E1 Dwarf bougainvillea Ea. $ 20.00 $ 12.00 $ 20.00 $ 9.25 Fakahatche e rass Ea. $ 20.00 $ 9.00 $ 18.00 $ 9.25 l Florida Privet Ea. $ 20.00 $ 12.00 $ 18.00 $ 9.75 Fountain grasses Ea. $ 20.00 $ 9.00 $ 18.00 $ 9.25 14 1 Ilex 'Schellin s dwarf Ea. $ 20.00 $ 10.00 $ 18.00 $ 9.75 15 Indian hawthome'Alba', white Ea. $ 20.00 $ 15.00 $ 18.00 $ 11.50 16 Ixora 'Nora rant' Ea. $ 20.00 $ 12.00 $ 18.00 $ 9.25 17 Dwarf Ixora Ea. $ 20.00 $ 11.00 $ 18.00 $ 9.25 18 Juniper 'Parsonii' Ea. $ 20.00 $ 11.00 $ 18.00 $ 9.70 19 Spider lily Ea $ 20.00 $ 12.00 $ 18.00 $ 10.60 20 Thryallis Ea $ 20.00 $ 11.00 $ 18.00 $ 9.70 21 jTumera 'Yellow Alder' Ea. $ 20.00 $ 15.00 $ 18.00 $ 9.25 22 Wax myrtle Ea. $ 20.00 $ 9.00 $ 18.00 $ 9.25 23 Saw Palmetto Ea. $ 40.00 $ 15.00 $ 30.00 $ 23.50 24 Sea oats Ea. $ 35.00 $ 11.00 $ 30.00 $ 9.70 25 Variegated arboricola'Trinette' Ea. $ 20.00 $ 12.00 $ 18.00 $ 9.70 26 Silver buttonwood Ea. $ 20.00 $ 9.00 $ 18.00 $ 9.25 27 Simpson or Spanish stopper Ea. $ 20.00 $ 10.00 $ 18.00 $ 9.75 28 Variegated pi ttos orum Ea. $ 20.00 $ 10.00 $ 18.00 $ 9.25 29 Walter's viburnum Ea. $ 20.00 $ 13.00 $ 18.00 $ 9.25 30 Muhly grass Ea. $ 20.00 $ 10.00 $ 18.00 $ 9.25 31 Ground orchids Ea. $ 20.00 $ 15.00 $ 30.00 $ 12.50 d TOTAL 3 Gallon Container $ 675.00 $ 355.00 $ 610.00 e. 10 Gallon Container 1 fBottlebrush 'Red cluster' Ea. $ 100.00 $ 60.00 $ 110.00 $ 85.00 2 Cardboard Palm Ea. $ 135.00 $ 60.00 $ 110.00 $ 85.00 3 Cattley Guava Ea. $ 100.00 $ 55.00 $ 110.00 $ 75.00 4 Crinum Lily Ea. $ 100.00 $ 60.00 $ 110.00 $ 45.00 5 Crape Myrtle Ea. $ 100.00 $ 65.00 $ 110.00 $ 75.00 6 Hibiscus Standard Ea. $ 100.00 $ 50.00 $ 110.00 $ 55.00 7 Jamaican Caper Ea. $ 100.00 $ 80.00 $ 110.00 $ 65.00 8 Li ustrum Ea. $ 135.00 $ 50.00 $ 110.00 $ 65.00 9 M rsine Ea. $ 135.00 $ 50.00 $ 110.00 $ 75.00 10 1 Silver Buttonwood Ea. $ 100.00 s 50.00 $ 110.00 $ 55.00 11 Simpson or Spanish Stopper Ea. $ 100.00 $ 55.00 $ 110.00 $ 85.00 12 Wax Myrtle Ea. $ 135.00 $ 50.00 $ 110.00 $ 65.00 13 Van gated Pittos ovum Ea. $ 100.00 $ 45.00 1 $ 110.00 $ 55.00 e TOTAL 10 Gallon Container $ 1.440.00 $ 730.00 $ 1,430.00 $ 885.00 C 15 Gallon Container 1 Red Ma le Ea. $ 150.00 $ 50.00 $ 150.00 $ 85.00 2 1 Black Olive 'Shady Lady' Ea. $ 190.00 $ 75.00 $ 150.00 $ 85.00 3 Floss Silk Tree Ea. $ 190.00 $ 50.00 $ 150.00 $ 125.00 4 Yellow Poinciana Ea. $ 190.00 $ 60.00 $ 150.00 $ 75.00 5 Bald Cypress Ea. $ 190.00 $ 65.00 1 $ 150.00 $ 75.00 6 Hong Kong Orchid Ea. $ 190.00 $ 200.00 $ 150.00 $ 75.00 IF TOTAL 15 Gallon Container $ 1,100.00 $ 500.00 $ 900.00 $ 520000 25 Gallon Container 1 Bottlebrush'Red Cluster' Ea. $ 275.00 $ 150.00 $ 275.00 $ 145.00 2 Silver Buttonwood Ea. $ 275.00 $ 175.00 $ 275.00 $ 145.00 3 Cattley Guava Ea. $ 275.00 $ 170.00 $ 275.00 $ 135,00 4 Cassia surratensus Yellow Cassia: Estimated Quantrty 20: Unit Eac Ea. $ 275.00 $ 175.00 $ 275.00 $ 165.00 5 Crape Myrtle Ea. $ 275.00 $ 180.00 $ 275.00 $ 175.00 6 Dahoon Holly Ea. $ 275.00 $ 175.00 $ 275.00 $ 175.00 7 Holl 'East Palatka' Ea. $ 275.00 $ 175.00 $ 275.00 $ 21500 8 Foxtail Palm Ea. $ 350.00 $ 185.00 $ 350.00 $ 215.00 9 Li ustrum Ea. $ 275.00 $ 150.00 $ 275.00 $ 175.00 10 Live Oak Ea. $ 350.00 $ 160.00 $ 350.00 $ 195.00 11 Mahogany Ea. $ 275.00 $ 175.00 $ 275.00 $ 185.00 12 Magnolia Ea. $ 325.00 $ 225.00 $ 275.00 $ 195.00 13 Red Maple Ea. $ 275.00 $ 175.00 $ 275.00 $ 175.00 14 1 Orange Geiger Ea. $ 325.00 $ 175.00 $ 275.00 $ 215.00 15 Slash Pine Ea. $ 275.00 $ 175.00 $ 275.00 $ 165.00 16 Tabebuia'I e' Ea. $ 350.00 $ 175.00 $ 350.00 $ 185.00 17 Yellow Elder Ea. $ 275.00 $ 175.00 1 $ 275.00 $ 175.00 18 Wax Myrtle Ea. $ 275.00 $ 170.00 1 $ 275.00 $ 150.00 19 White Geiger Ea. $ 325.00 $ 175,001 $ 350.00 $ 195.00 20 Orchid Tree (White) Ea. $ 275.00 $ 125.00 $ 275.00 $ 185.00 gI TOTAL 25 Gallon Container $ 5.875.00 $ 3,440.00 1 $ 5,800.00 1 $ 3,565.00 W7,» P,gest MV- Fam Wkh Date PoaM 11 -23 -0E Deb Due'. 121E -0E BID: 0-928 UNng- Road (Vanderbilt Bch Road b Y M-o bs) Anneal Landsuape t'-t- Addend- 1 Agenda Item No. 16154 January 24r�,a ss2��'r00r6 PRa�lehr�patJl�e'. 2 Bids RSO!i e Page E a19 Advanced Amara -Tech Commercial Villa & Sons h. 30 Gallon Container ' 1 Bottlebrush'Red Cluster' Ea. $ 300.00 $ 200.00 $ 275.00 $ 185.00 2 Cassia Ea. $ 300.00 $ 200.00 $ 275.00 $ 165.00 3 Crape Myrtle Ea. $ 300.00 $ 220.00 $ 275.00 $ 175.DO 4 Dahoon Holly Ea. $ 300.00 $ 200.00 $ 275.00 $ 175.DO 5 Holl 'East Palatka' Ea. $ 300.00 $ 165.00 $ 275.00 $ 215.00 6 Foxtail Palm Ea. $ 375.00 $ 210.00 $ 350.00 $ 215.00 7 Li ustrum Ea. $ 300.00 $ 210.00 $ 275.00 $ 175.00 8 Live Oak Ea. $ 375.00 $ 185.00 $ 350.00 $ 195.00 9 Mahogany Ea. $ 300.00 $ 200.00 $ 275.00 $ 185.00 10 Magnolia Ea. $ 350.00 $ 235.00 $ 275.00 $ 195.00 11 Red Maple Ea. $ 300.00 $ 200.00 $ 275.00 $ 175.00 12 Orange Geiger Ea. $ 350.00 $ 210.00 $ 275.00 $ 215.00 13 Slash Pine Ea. $ 300.00 $ 200.00 $ 275.00 $ 165.00 14 Tabebuia'I e' Ea. $ 375.00 $ 220.00 $ 350.00 $ 185.00 15 Yellow Elder Ea. $ 300.00 $ 220.00 $ 275.00 $ 175.00 16 Wax M rtle Ea. $ 300.00 $ 170.00 $ 275.00 $ 150.00 17 White Geiger Ea. $ 350.00 $ 200.00 $ 350.00 $ 195.00 18 Orchid Tree White Ea. $ 300.00 $ 200.00 $ 275.00 $ 185.00 It TOTAL 30 Gallon Container I $ 5,775.00 $ 3,665.00 $ 5,250.00 $ 3,325.00 L 45 Gallon Container 1 Bottlebrush'Red Cluster' Ea. $ 400.00 $ 230.00 $ 300.00 $ 225.00 2 Cassia Ea. $ 400.00 $ 245.00 $ 375.00 $ 245.00 3 Crepe M rtle Ea. $ 400.00 $ 230.00 $ 375.00 $ 255.00 4 Dahoon Holly Ea. $ 400.00 $ 245.00 1 $ 375.00 $ 255.00 5 Holl 'East Palatka' Ea. $ 400.00 1 $ 245.00 1 $ 375.00 $ 275.00 6 Foxtail Palm Ea. $ 450.00 $ 245.00 $ 450.00 $ 250.00 7 Li ustrum Ea. $ 400.00 $ 245.00 $ 450.00 $ 325.00 8 Live Oak Ea. $ 450.00 $ 300.00 $ 450.00 $ 285.00 9 Mahogany Ea. $ 400.00 $ 255.00 $ 350.00 $ 275.00 10 Red Maple Ea. $ 400.00 $ 300.00 $ 375.00 $ 250.00 11 Orange Geiger Ea. $ 400.00 $ 245.00 $ 375.00 $ 295.00 12 Slash Pine Ea. $ 400.00 $ 260.00 $ 300.00 $ 240.OD 13 Tabebuia'I e' Ea. $ 400.00 $ 230.00 $ 450.00 $ 285.OD 14 Yelloow Elder Ea. $ 400.00 $ 260.00 $ 375.00 $ 225.00 15 Wax Myrtle Ea. $ 400.00 $ 265.00 $ 300.00 $ 235.00 16 Jacaranda Ea. $ 400.00 $ 215.00 $ 375.00 $ 245.00 17 Yellow Poinciana Ea. $ 450.00 $ 260.00 $ 375.00 $ 245.00 18 Ja enese Privet Ea. $ 450.00 $ 260.00 $ 375.00 $ 325.00 19 White Geiger Ea. $ 450.00 $ 360.00 $ 450.00 $ 285.00 20 Floss Silk Tree Ea. $ 425.00 $ 265.00 $ 375.00 $ 350.00 21 Orchid Tree White Ea. $ 425.00 1 $ 245.00 $ 450.00 $ 275.00 22 Hong Kong Orchid Ea. $ 425.00 1 $ 245.00 $ 450.00 $ 275.00 i TOTAL 45 Gallon Container $ 5,650.00 $ 8,525.00 •; 65 Gallon Container 1 Bottlebrush'Red Cluster' Ea. $ 475.00 $ 275.00 $ 400.00 $ 315.00 2 Crape Myrtle Ea. $ 475.00 $ 245.00 $ 500.00 $ 365.00 _ 3 Dahoon Holly Ea. $ 525.00 $ 345.00 $ 500.00 $ 375.00 4 Holl 'East Palatka' Ea. $ 525.00 $ 330.00 $ 500.00 1 $ 425.00 5 Foxtail Palm Ea. $ 675.00 $ 230.00 $ 750.00 $ 450.00 6 Li ustrum Ea. $ 475.00 $ 290.00 $ 750.00 $ 500.00 7 Live Oak Ea. $ 575.00 $ 350.00 $ 750.00 $ 465.00 8 Mahogany Ea. $ 475.00 $ 375.00 $ 400.00 $ 465.00 9 Magnolia Ea. $ 525.00 $ 350.00 $ 500.00 $ 475.00 10 Red Maple Ea. $ 475.00 $ 350.00 $ 500.00 $ 365.00 11 Orange Geiger Ea. $ 575.00 $ 375.00 $ 500.00 $. 450.00 12 Slash Pine Ea. $ 475.00 $ 280.00 $ 400.00 $ 445.00 13 Tabebuia'Ipe' Ea. $ 575.00 $ 325.00 $ 750.00 $ 445.00 14 Wax Myrtle Ea. $ 475.00 $ 275.00 $ 400.00 $ 325.00 1 15 Orchid Tree White Ea. $ 475.00 $ 375.00 $ 500.00 $ 350.00 16 White Geiger Ea. $ 575.00 $ 375.00 $ 750.00 $ 350.00 TOTAL 65 Gallon Container $ 8,350.00 $ 5,145.00 $ 8.850.00 k Palms 1 Isabel Palms 10' to 20' CT. Ea. $ 350.00 $ 185.00 $ 325.00 $ 185.00 2 ISabal Palm 8' to 12' Booted Ea. $ 300.00 $ 195.00 $ 325.00 $ 190.00 3 _ IFlorida Thatch Palm 4' to 5' HT., field grown) Ea. $ 425.00 $ 225.00 $ 700.00 $ 165.00 4 IFlorida Roval Palm (160A Ht. ) Ea. $ 1,500,00 400.00 1 $ 1,700.00 $ 650.00 Page E a19 Pmpcl Mpr.: Pem L.- D- Polled. 11 -20 -05 Date Due 12 -15 -05 BID'. 0d -9928 livi g- Road (Vend -1I 84 R- W hnmo I-) Annual landscape Co.1 -1 Addendum. 1 Agenda Item No. 1664 January 24, 2006 Pagii6" =12, 12 BWe Received. a Advanced Amera -Tech Commercial Vilia & Sons 5 Carpentaria Palm 16' Ft. Ea. $ 1,200.00 $ 400.00 $ 800.00 $ 385.00 6 Paurotis Palm 10' OA Ht. Multi -Stem Ea. $ 1,400.00 $ 350.00 $ 500.00 $ 385.00 7 Alexander Palm 14 -16' OA Ht. 10' CL. WD. Ea. $ 1,400.00 $ 400.00 $ 800.00 $ 350.00 8 Foxtail Palm 10 -12' OA Ht. Ea. $ 1,200.00 $ 275.00 $ 750.00 $ 285.00 9 Washington Palm 30' CT. Ea. $ 2,300.00 $ 800.00 $ 2,500.00 $ 950.00 10 Solitaire Palm Single 10' CT. Ea. $ 1,000.00 $ 300.00 $ 800.00 $ 375.00 11 Solitaire Palm Double 10' CT. Ea. $ 1,200.00 $ 350.00 $ 900.00 $ 435.00 12 Washigton Palm 10' CT.) Ea. $ 1,000.00 $ 300.00 $ 1,000.00 $ 560.00 13 Washington Palm 18' CT Ea. $ 1.500.00 $ 450.00 $ 1,500.00 $ 730.00 k TOTAL Palms $ 14,775.00 $ 4,630.00 $ 12,600.00 $ 5,645.00 L Canopy Trees 1 ILive Oak 100 gal. Cont., 4 " -5" cal., 16' ht. Ea. $ 1,200.00 $ 650.00 $ 1,700.00 $ 575.00 2 ILive Oak 200 gal. Cont., 6 " -8" cal., 20' ht Ea. $ 2,400.00 $ 900.00 $ 2,900.00 $ 1,650.00 3 White Gei er 100 al. Ea. $ 1,100.00 $ 950.00 $ 600.00 $ 575.00 I ITOTAL Canopy Trees $ 4,700,00 $ 2,500.00 $ 5,200.00 $ 2,800.00 LIQUID FERTILIZATION APPLICATION 1 Apply Peters 20 -20 -20 at ten (10) pounds of material per one hundred (100) gallons of water with Ferromec AC 13 -0-0 plus six percent (6%) Iron at one third (1/3) gallon of material per one hundred 100 gallons water. 2 Turf Per S . Ft. Ea. $ 0.40 $ 0.03 $ 0.50 $ 0.015 3 Planting Beds (Per S ,. Ft. ) Ea. $ 0.40 $ 0.05 $ 0.50 $ 0.015 m TOTAL Liquid Fertilization Application $ 0.80 $ 0.08 $ 1.00 $ 0.03 n. SOD SERVICES 1 Removal of existing sod /weeds with sod cutter or by hand and prepare soil /area to the proposed finished grade suitable for new sod (includes one herbicide treatment and all landfill tipping fees.) sf $ 1.25 $ 0.12 $ 1.25 $ 0.28 n TOTAL Sod Services $ 1.25 $ 0.12 $ 1.25 $ 0.28 o. SOD /TURF GRASSES Delivered, off - loaded, fine graded for sod, laid in place, rolled and trim edges as necessa St. Augustine Floratam: 1 Muck grown (per 500 s . ft. pallet) $ 500.00 $ 225.00 $ 550.00 $ 0.36 2 Sand grown (per 400 s . ft. pallet) $ 450.00 $ 205.00 $ 500.00 $ 0.36 Palmetto: 3 Muck grown (per 500 s . ft. pallet) $ 500.00 $ 250.00 $ 550.00 $ 0.38 4 Sand grown (per 40D s . ft. pallet) $ 450.00 $ 225.00 $ 500.00 $ 0.38 Bitter Blue: 5 Muck grown (per 500 s . ft. pallet) $ 500.00 $ 250.00 $ 550.00 $ 0.40 6 Sand grown (per 400 s . ft. pallet) $ 450.00 $ 225.00 $ 500.00 $ 0.40 Bahia Argentine: 7 Sand grown (per 400 s . ft. pallet) $ 400.00 $ 175.00 $ 300.00 $ 0.20 o. TOTAL SOD 1 TURF GRASSES $ 3,250.00 $ 1,555.00 $ 3,450.00 STAKING OF TREES AND PALMS 1 Staking of Small Palm (4" 6" Calipher at Maturity Ea. $ 90.00 $ 28.50 $ 90.00 $ 16.50 2 he Staking Large Palms Cali r greater than 6") Ea. $ 255.00 $ 44.50 $ 90.00 $ 34.00 3 Staking Small Canopy Tree (2x2 posts and guy wire, 4 " -6" calipher) Ea. $ 125.00 $ 28.50 $ 90.00 $ 16.50 4 Staking Large Canopy Tree (2x4 posts, greater than 6" calipher) Ea . $ 255.00 $ 44.50 $ 90.00 $ 34.00 5 _ Hurricane Restanding and Staking Small Palm (4 " -6" Calipher at Maturity ) Ea. $ 90.00 $ 50.00 $ 225.00 $ 85.00 6 Hurricane Restanding and Staking Large Palms (Calipher greater than 6 ") Ea. $ 225.00 $ 90.00 $ 250.00 $ 125.00 PM,,1 Mpr.: Pam Wkh Deb Poabd: 11 -2"5 Oab Due: 12 -10 -05 BID'. @13928 LM g.tbm Road (Venda, IIt Bch Rwd b Imm9kabe) Annual Land -I,a C-t-I Addendum: 1 Agenda Item No. 1684 January 24, 2006 PagQ e341=12 Bid.Re.ei 4 Pape 0.f 9 Advanced Amera -Tech Commercial Villa & Sons T Hurricane Restanding and Staking Small Canopy Tree (2x2 posts and guy wire, 4 " -6" call her ) Ea. $ 125.00 $ 50.00 $ 225.00 $ 65.00 8 Hurricane Restaking Large Canopy Tree (2x4 posts, greater than 6" call her) Ea. $ 255.00 $ 90.00 $ 250.00 $ 175.00 9 Removal of Staking for Small Palm (4 " -6" Calipher at Maturity) Ea. $ 15.00 $ 6.50 $ 25.00 $ 12.00 10 Removal of Staking for Large Palms Calipher greater than 6" Ea. $ 30.00 $ 15.00 $ 25.00 $ 16.00 11 Removal of Staking for Small Canopy Tree (2x2 posts and guy wire, 4 " -6" call her) Ea. $ 15.00 $ 6.50 $ 25.00 $ 12.00 12 Removal of Staking for Large Canopy Tree (2x4 posts, greater than 6" Calipher) Ea. $ 30.00 $ 15.00 $ 25.00 $ 16.00 P. TOTAL STAKING OF TREES AND PALMS $ 469.00 $ 1,410.00 $ 607.00 SUBTOTAL - SECTION II - SUMMARY $ 58,611.85 $ 55,342.00 $ 30,661.24 III SECTION 111 - ADDITIONAL I EMERGENCY LANDSCAPE MAINTENANCE SERVICES The Additional / Emergency Landscape Maintenance Services Bid is mandatory and must be completed by the bidder in order for their bid to be considered. a Mowing and Edging Per s . ft. Unit Cost: $ 0.10 $ 0.01 $ 0.10 $ 0.03 b lWeedinq (Hand removal and hand sprayed herbicide Per s . ft. Unit Cost: $ 015 $ 0.03 $ 0.10 $ 0.20 c Pruning Removal and delivery of debris to landfill site Per Hour Unit Cost: $ 95.00 $ 30.00 $ 55.00 See Bid d Fertilization Labor for broadcasting 50 lb. bag) _ Per Bag) Unit Cost: $ 3.00 $ 15.00 $ 4.00 $ 11.00 e Mulch Application Labor for applying 2cu. Ft. bags) Per Bag) Unit Cost: $ 0.70 $ 1.25 $ 2.00 $ 1.20 IF Trash Pick -Up and Removal (Bagging and disposal to a landfill of Itrash from landscape areas and on -site containers (Per Hour ) Unit Cost: $ 95.00 $ 30.00 $ 55.00 See Bid _ Irrigation System Review Per Hour Unit Cost: $ 50.00 $ 45.00 $ 55.00 See Bid h Travel Time (Per Hour ) Unit Cost: $ 30.00 $ 25.00 $ 55.00 See Bid i Landscape Laborer Per Hour Unit Cost: $ 40.00 $ 25.00 $ 45.00 $ 23.00 _ Truck Operator (Class B or higher current State of Florida Driver License (Per Hour ) Unit Cost: $ 70.00 $ 30.00 $ 85.00 $ 60.00 k1 IStump Grinder and Operator I (Per Hour ) Unit Cost: $ 125.00 $ 60.00 $ 125.00 $ 45.00 _ I Bobcat and Operator _ Per Hour Unit Cost: $ 175.00 $ 75.00 $ 175.00 $ 55.00 TOTAL ADDITIONAL /EMERGENCY LANDSCAPE MAINTENANCE SERVICES SUBTOTAL - SECTION III SUMMARY 1 $ 683.95 $ 336.29 $ 656.20 TOTAL BASE BID ( SECTIONS I, II & III) TOTAL SECTIONS 1, II & III WRITTEN AMOUNT $ 198,161.20 § @i $ 189,398.40 $ 541,228.87 $ 198,161.20 $ 173,052.99 $ 189,398.40 $ 541,228.87 Pape 0.f 9 Pmlec[Mpr.: Pam LUlkh _P asted: 11 -23-05 Oete❑- 12 -1 &05 BIO: W 3325 LI »npsron Roetl (VenderLilt Bch Rwd b Immdulse) Annual Lentlacape Convect Addendum: 1 Agenda Item No. 16134 January 24, 2200�6 Pa9ji6 R .=d M12 Bid s Recelwd'. 0 Pape p of p Advanced Amara -Tech Commercial Vilia & Sons PLANTING SERVICES These services shall be activated in the event that damaged or dead plant material require replacement and/or landscape areas require minor renovations. Quotes requested for items under this Section generally shall be for small quantities. The Contractor shall bid installed Unit Prices which includes materials and labor required for the installation, MOT, initial watering and establishment hand watering provided the irrigation system is not providing proper coverage. All plant amterial provided shall be Florida #1 or better as specified by the Department of Agriculture's "Grades and Standards for Nursery Plants" Volumes I & II lastest edition. SUBCONTRACTORS TO BE USED: (in no Instance mays subcontractor (s) perhom more than 49% of the total bid amount) SPRAYING subcontractor al IName (Spraying) In -House N/A in -House None Phone: 732 -4624 b IRRIGATION subcontractor In -House N/A In -House None Name (irrigation) 732 -4624 Phone: REQUIRED DOCUMENTATION Documentation Enclosed: Y N Copy of the currrent Landscape Contractor's License and Irrigation Contractor's Lincense or Unlimited Landscape Contractor's License. State of Florida Contractor's Chemical Application License. Y I N Y Y Y Y Y N Verification of current projects in landscaping maintenance business. Y / N Y Y Y Y Y IN I List of owned andlor leased equipment Y/ N Y Y Y Y Y N Documentation of at least three (3) years experience within Southwest Florida Y I N Y Y Y Y Y N Proof of MOT certification. Y/ N Y Y Y Y Y N The name and IRS W-4 form of the firm's employee qualifying YIN) Y Y Y Y Agent: Brenda Brllhart Witness: Courtney Grosman Pape p of p Agenda Item No. 1685 January 24, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of $112,834.14 and recognize Carry Forward in the amount of $162,934.00 for Project No(s). 690821, 600331, 690811, 690822, 600321 and 600501 for a total amount of $275,768.14. OBJECTIVE: To obtain approval from the Board of County Commissioners to approve a budget amendment to recognize additional revenue and carry forward for the Collier County Transportation Pathways Program Project No(s). 690821, 600331, 690811, 690822, 600321 and 600501 in the amount of $275,768.14. CONSIDERATIONS: Funds were received from various Developers /Developments in lieu of building a sidewalk/pathway as part of their Site Development Plan. These were funds in lieu of constructing required sidewalks in areas where planned right -of -way improvements scheduled in the Capital Improvement Program would cause the removal of sidewalk/pathways or in areas where no connectivity is currently planned. The funds for the construction of'sidewalks/bike paths and bike lanes were to be placed into a fund for future construction of required sidewalksibike paths and bike lanes by the County. Funds were received from the following for the Pathways Program: Funds deposited into FY05 to be recognized as Carry Forw: pathway projects: Damon Custom Structures $ 51,750.00 September 2005 DR Horton, Inc. $ 15,618.00 September 2005 Seacrest School, Inc. $ 23,940.00 September 2005/ December 2005 ird and re- appropriated into FY06 Glen Eden on the Bay Valencia Golf & Country Seacrest Upper and Lower Schools Seacrest School, Inc. $ 24,300.00 September 2005 Seacrest Upper and Lower Schools Toll Brothers, Inc. $ 47,326.00 September 2005 Firano of Naples Total Carry Forward $162,934.00 Funds deposited into FY06 to be recognized and appropriated to various pathway projects: Hooters of Naples, Inc. $ 6,973.05 November 2005 Naples Gateway Urika II $ 23,536.43 November 2005 Urika Oil Westview Commercial Dev. $ 17,150.00 December 2005 Westview Center Bethel Assembly of God $ 11,335.50 December 2005 Bethel Assembly of God Capri Lawn & Garden $ 7,004.51 December 2005 Capri Lawn & Garden Elias Brothers Communities $ 20,031.00 January 2006 Raffia Preserve Restoration Church $ 18,287.87 January 2006 Restoration Church MCO Prospect Avenue $ 4,368.78 December 2005 MCO Prospect Avenue BCBE, Inc. $ 4,147.00 October 2005 BCBE Office Agenda Item No. 16135 January 24, 2006 Page 2 of 3 Total Additional Revenue $112,834.14 These funds were deposited into the revenue accounts of the Transportation Pathways Program and need to be recognized for appropriation for future construction of pathways. FISCAL IMPACT: Funds were deposited into the Transportation Supported Gas Tax Fund. A budget amendment is needed to a) recognize additional revenue and appropriate into the correct projects in the amount of $112,834.14 and b) recognize carry forward and appropriate into the correct projects in the amount of $162,934.00. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendments. Prepared By: Trinity Caudill- Scott, TECM Project Manager Agenda (tern No. 1685 January 24, 2006 Page. 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1665 Item Summary: Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of $112,834.14 and recognize Carry Forward in the amount of $162,034.00 for Project Nofs). 690821. 600331 690811, 690622, 600321 and 600501 fora total amount of $275.768.14. Meeting Date: 1124!2006 9.00.OG AM Approved By Trinity Caudill-Scott Project Manager Date Transportation Engineering & Transportation Services 1/5/2006 9:32 AM Construction Management Approved By Dale A. Bannon, P.E. Principal Project Manager Date Transpohatron Engineering and Transportation Services 1!5!2006 12:37 PM Construction Approved By Rookmin Nauth ManagementiBudget Analyst Date Transportation Engineering and Transportation Services 1!612006 1:51 PM Construction Approved By Sharon Newman Accounting Supeivisor Data Transportation Services Transportation Services Admin 1/9/2006 3:02 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1(10!2006 1:16 PM Approved By Pat Let hard Executive Secretary Date Transportation Ser —its Transportation Services Admin ill W2006 3:24 PM •°^— Approved By Najeh Ahmed Director Date Transportation Engineering & Transportation Services 1(1012006 3:52 PM Construction Managemem Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 9, Budget Ill 112DO6 I1:04 AM Approved By Susan Usher Senior ManagementiBudget Analyst Date County Manager's Office Office of Management & Budget 111712006 4:09 PM Approved By Michael SmykowsF.i Management & Butlget. Director Date County Manager's Office Office of Management & Budget 7;1812006 12:06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County NWnaye". Office 111 812006 12:37 PM Agenda Item No. 1686 January 24, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to award Bid #06 -3926 "Golden Gate Parkway (Livingston Road to 66th Street) & (601h Street to Santa Barbara Blvd.) Annual Landscape Maintenance Contract" to Advanced Lawn & Landscaping Services, Inc. in the amount of $117,887.90 (Project 600277). OBJECTIVE: Award Bid #06 -3926 "Golden Gate Parkway (Livingston Road to 66th Street) & (60'h Street to Santa Barbara Blvd.) Annual Landscape Maintenance Contract" to Advanced Lawn & Landscaping Services, Inc. CONSIDERATIONS: On November 22, 2005, the Purchasing Department sent out I l 1 notices for the Golden Gate Parkway (Livingston Road to 66ffi Street) & (60th Street to Santa Barbara Blvd.) Annual Landscape Maintenance Contract. On December 6, 2005, a non - mandatory pre -bid meeting was held. On December 14, 2005, three (3) bids were opened. Staff reviewed the unit pricing and two were determined to be responsive bids. Amera Tech was determined to be the non - responsive bidder due to lack of proper documentation submitted as per the bid. A reference check was done and proved to be unsatisfactory in another municipality in which this vendor has a current contract. Staff recommends awarding Bid #06 -3926 to the apparent, lowest, qualified bidder, Advanced Lawn & Landscaping Services, Inc. in the amount of $117,887.90. Bidder Base Bid Advanced Lawn $117,887.90 Commercial Land Maint. $119,182.00 Amera Tech Non - responsive FISCAL IMPACT: Funds are budgeted in Fiscal Year 2005 -2006 in the amount of $117,887.90 in the MSTD General Fund Landscape (112) project #600277. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board award Bid #06 -3926 to Advanced Lawn & Landscaping Services, Inc. for Golden Gate Parkway (Livingston Road to 66th Street) & (60th Street to Santa Barbara Blvd.) Annual Landscape Maintenance Contract and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared By: Bob Petersen, Department of Alternative Transportation Modes Attachment: Bid Tab #06 -3926 Agenda Rem No. 1686 January 24, 2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1686 Item Summary: Recommendation to award Bid #06 -3926 Golden Gate Parkway (Livingston Road to 66th Street) & (60th Street to Santa Barbara Blvd.) Annual Landscape Maintenance Contract to Advanced Lawn & Landscaping, Inc. in the amount of $117,887.90 (Project 600277). Meeting Date: 1/24/2006 9:0000 AM Prepared By Bob Petersen Project Manager Data Transportation Services Alternative Transportation Modes 1141200612:16:01 PM Approved By Pamela J. With Project Manager Date Transportation Services Alternative Transportation Modes 1!4120061:08 PM Approved By Bob Petersen Project Manager Date Transportation Services Alternative Transportation Modes 1/4/2006 3:32 PM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 116120D6 3:51 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 106120D6 8:32 AM Approved By Gloria Herrera Management /Buttgot Analyst Date Transportation 5arvices Stormwater Management 1/6120D6 0:33 AM Approved By Mike Hauer Acquisition Manager Data Administrative Services Purchasing V6;2006 4.00 PM ---• Approved By Steve Cornell Purchasing /General Svcs Director Date Administrative Services Purchasing 116;2006 4:07 PM Approved By Sharon hlewman Accouromg Supervisor Data Transportation Services Transportation Services Admin 1/6/2066 7:01 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 111012006 6:00 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/11/2006 0:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget V111200611 :43 AM Approved By A1ark Isackson Budget Analyst Date County Manager's Office Office o1 Management & Budget 1/12/2006 10:57 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget V1212006 12:25 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 1;1212006 1:42 PM Commissioners Project Mgr.: Pam Lulich Date Poatad'. 11 -22 -05 Date Due: 12 -1405 BID: 063926 -Golden Gate Parkway Annual Landscape Maintenance Contract" Addendums: Agenda Item No. 1686 January 24, 2006 Pall'ZZLV Bids Received: 3 Page 1 01 10 Advanced mera ec ommercia SECTION ITEM DESCRIPTION I Basic Maintenance Functions 1 a Mowing & Edging - Median St. Au istine: 35.235 SF Unit Cost: $ 40.00 110 55 Total Cost (52): $ 2.080.00 $ 5,720.00 $ 2,860.00 1 b Mowing & Edging - Bahia Side Road: 184,770.19 SF Unit Cost: $ 250.00 220 175 Total Cost (52): $ 13,000.00 $ 11,440.00 $ 9,100.00 Total Cost Item 1 $ 15,080.00 $ 17,160.00 2 Weeding Unit Cost: $ 100.00 $ 35.00 $ 200.00 Total Cost (52) $ 5,200.00 $ 1,820.00 $ 10,400.00 3 General Site Pruning Unit Cost: $ 125.00 $ 40.00 $ 110.00 Total Cost (52) : $ 6,500.00 $ 2,080.00 $ 5,720.00 4 PRUNING: CANOPY TREE Canopy Trees: -Aril - September) Two Times Bucida buceras 'Shad Lady'/ Shady Lady Black Olive Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 Total Cost 2 (22): $ 220.00 $ 132.00 $ 44.00 Bauhinia blakeana / Orchid Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 Total Cost 2(10): $ 100.00 $ 60.00 $ 20.00 Cassia surrantensus / Yellow Cassia Unit Cost (Ea. Cut ) $ 5.00 $ 3.00 $ 1.00 Total Cost 2(20): $ 200.00 $ 120.00 $ 40.00 Ilex attenuate 'East Palatka' / East Palatka Holly Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 Total Cost 2(32): $ 320.00 $ 192.00 $ 64.00 Li ustrum lucidum/ Tree Form Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 Total Cost 2(71): $ 710.00 $ 426.00 $ 142.00 Ma nolia'D.D. Blanchard' / D.D. Blancard Magnolia Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 Total Cost 2(8): $ 80.00 $ 48.00 $ 16.00 Quercus vir iniana / Live Oak Unit Cost Ea. Cut $ 5.00 $ 3.00 $ 1.00 Total Cost 2(22): $ 220.00 $ 132.00 $ 44.00 Tabebuia im eti inosa / Purple Trumpet Tree Unit Cost (Ea. Cut ) $ 5.00 $ 3.00 $ 1.00 Total Cost 2(34): $ 340.00 $ 204.00 $ 68.00 Total Cost Item 4 $ 2.190.00 $ 1,314.00 $ 438.00 5 PRUNING: PALMS Palms June Prunin One Time Roystonia elata / Florida Royal Palm Unit Cost Ea. Cut See Bid $ 9.00 $ - Total Cost (48): $ 432.00 $ - Sabal palmetto / Booted Cabbage Palm Unit Cost (Ea. Cut ) $ 15.00 $ 15.00 $ 15.00 Total Cost (33): $ 495.00 $ 495.00 $ 495.00 Wod etia bifurcata / Foxtail Palm Unit Cost Ea. Cut See Bid $ 6.00 $ - Total Cost (48): $ 288.00 $ - Total Cost Item 5 $ 495.00 $ 1,215.00 $ 495.00 6 FERTILIZATION (County will supply granular fertilizer -4 applications of Transportation Blend (8 -2 -12) during February, May, August, November and 2 applications of (0- 0-22) during June and October. Turf, Groundcover. Shrubs, and Trees Unit Cost - per ba : $ 3.00 1 $ 15.00 $ 4.00 Total Cost - (98 bgs.): $ 294.00 1 $ 1,470.00 $ 392.00 Page 1 01 10 Project Mg, '. Pam Luk Date Posted: 11 -22 -05 Data Due'. 12.14-05 BID: 06 -3926 'Gdden Gate Parkway Annuel Landscape Maintenance Contract" Addenduma: Agenda Item No. 16136 Janu[a]rry 224,, �f2t�010�6 r PSI RygJMled'.I 2 I Ra -ved: 3 Page 2 of 10 Advanced AmeraTech Commercial 7 Perform Sequestrene Iron Drench Application - Four (4) ap lications applied during the months of March, June September and December. Unit Cost $ 90.00 $ 325.00 $ 300.00 Total Cost (4): $ 360.00 $ 1,300.00 $ 1,200.00 8 20 -20 -20 with Ferromec AC 13 -0-0 plus 6% Iron - 6 applications Unit Cost: $ 90.00 $ 300.00 $ 125.00 Total Cost (6) $ 540.00 $ 1,800.00 $ 750.00 9 ORNAMENTAL AND TURF SPRAYING a. Turf Area: 1 Insecticides & Fungicides Unit Cost: $ 100.00 $ 310.00 $ 200.00 Total Cost (12): $ 1,200.00 $ 3.720.00 $ 2,400.00 2 Herbicides ( 5 applications to include pre- emergent in Feb. and Sept, post emergent in Nov. Jan., and March Unit Cost: $ 100.00 $ 250.00 $ 200.00 Total Cost (5)- $ 500.00 $ 1.250.00 $ 1,000.00 b. Groundcover, Shrubs, & Trees: 1 Insecticides & Fungicides - Twelve applications Unit Cost: $ 90.00 $ 370.00 $ 200.00 Total Cost (12): $ 1,080.00 $ 4,440.00 $ 2,400.00 c. Bed Area 1 Herbicides - ( 5 applications to include pre- emergent in Feb. and Sept, post emergent in Nov. Jan., and March) Unit Cost: $ 210.00 $ 200.00 $ 200.00 Total Cost (5): $ 1,050.00 $ 1,000.00 $ 1,000.00 Total Item 9 $ 3,830.00 $ 10,410.00 $ 6,800.00 10 MULCHING Organic Application (Calculated using 43,441 SF (2" mulch, 2 cu. Ft. bags, 268.1 CY ) 2 a lications =7.233 bags or 535.8 CY two inch in November and May Unit Cost per installation of one 2 cu.ft bag: $ 0.70 $ 1.25 $ 0.85 Total Cost Two Applications of 2" Mulch(7,233 B s.): $ 5,063.10 $ 9,041.25 $ 6,148.05 11 Irrigation Systems a. Irrigation Systems: Weekly Service Requirements Unit Cost: $110.00 $210.00 $150.00 Total Cost 52 $ 5,720.00 $ 10,920.00 $ 7,800.00 b. Irrigation Systems: Monthly Service Requirements Unit Cost: $110.00 $105.00 $75.00 Total Cost 12 $ 1,320.00 $ 1.260.00 $ 900.00 Total Item 11 $ 7,040.00 $ 12,180.00 $ 8,700.00 Page 2 of 10 Project Mgr.: Pam Lubch Data Poatod: '1 -22 -05 Data Due: 12 -14 -05 BID D6 -3928 'Golden Gate Parkway Annual Lm Scrape Maintenance Cont ad' Addend- Agenda Item No. 16136 January 24, 2006 P '4=12 Bids R-,-d: 3 Page 3 of 10 Advanced AmeraTech Commercial 12 Trash Removal- 52 - prior to mowing in all turf areas. Price includes all sidposal fees, charges for disposal. Unit Cost: $ 50.00 $ 25.00 $ 100.00 Total Cost (52): $ 2,600.00 $ 1,300.00 $ 5.200.00 13 iStreet Cleaning - (Side of right of way) Unit Cost: $ 100.00 $ 45.00 $ 100.00 Total Cost (52): $ 5,200.00 $ 2,340.00 $ 5,200.00 14 LANE CLOSURE - Maintenance of Traffic to be included in unit pricing In Bid in Bid In Bid 15 IPRESSURE CLEANING BRICK PAVERS a. Pressure Cleaning Unit Cost: $ 700.00 $ 300.00 $ 50.00 Total Cost(6): $ 4.200.00 $ 1.800.00 $ 300.00 SUMMARY OF ANNUAL COSTS ITEMS 1 -15 $ 58.592.10 TOTAL BASE BID (WRITTEN AMOUNT - ITEMS 1 -15 16 TOTAL MEN Crew Size TO PERFORM SERVICES a. (Minimum 4 person crew required per week Per Week 5 8 4 b ESTIMATED TOTAL MAN- HOURS TO PERFORM REQUIRED SERVICES (The contractor shall submit the amount of man -hours that they intend to provide to this Contract on a weekly basis) Hours per week 40 46 40 It SECTION II - ADDITIONAL LANDSCAPE MAINTENANCE SERVICES Should additional work of the following description be rquired, adjustment will be made to the Contract Sum at the following Unit Prices, which shall include all expenses, including Overhead and Profit, MOT, Supervision and Transportation. GENERAL SERVICES a Landscape Supervisor (per man hour $ 50.00 $ 40.00 $ 55.00 b Irrigation Technician (per man hour $ 50.00 $ 45.00 $ 65.00 C I rrigation Labor (per man hour $ 40.00 $ 30.00 $ 45.00 d Laborer/Helper (per man -hour) $ 40.00 $ 25.00 $ 45.00 e Pine Straw - Labor Cost Per Bale Only $ 3.25 $ 3.00 f Materials - Cost Plus Maximum 25 %) 25% 25% 25% Rental cost per day of a 4,000 gallon tanker with Operator with Required Operator License $ 1,300.00 $ 700.00 $ 500.00 In Additional Hand Watering (Contractor to provide Tanker and Operator) (Per hour cost) $ 175.00 $ 60.00 $ 85.00 i JStump Grinder and Operator (per hour costs $ 125.00 $ 55.00 $ 125.00 Stum Removal (per hour $ 255.00 $ 35.00 $ 255.00 Bobcat and Operator (per hour costs $ 175.00 $ 65.00 $ 175.00 TOTAL GENERAL SERVICES (A. -E,GJ) $ 2,213.50 $ 1,058.25 $ 1,101.00 Page 3 of 10 Project M9r,: Pam LUllch Date Po3tad'. 11.22 -05 Date Due: 12 -1405 BID: 06 -3928 "Goldan Gate Parkway Annual Landscape Maintenance Contract" Addand- Agenda Item No. 1666 January 24, 2006 PPS HIV Bids Raoeiv d. 3 Page 4 of 10 Advanced AmeraTech Commercial PLANTING SERVICES These services shall be activated in the event that damaged or dead plant material requires replacement and /or landscape areas require minor renovations. Quotes requested for items under this Section generally shall be for small quantities. The Contractor shall bid installed Unit prices which includes materials and labor required for the installation, MOT, initial watering and establishment hand watering provided the irrigation system is not providing proper coverage. All plant material provided shall be Florida #1 or beter as specified by the Department of Agriculture's "Grades and Standards for Nursery Plants" Volumes I & II latest edition. ITEM a. Mulch 1 Shredded Cypress Bark, Grade "a ". 2" depth - Units . ft. sf $ 1.75 $ 0.30 $ 1.50 2 Eucalyptus, Grade "A" 2" depth - Units . ft. sf $ 1.75 $ 0.40 $ 1.50 3 Pine straw, 3" fluffed depth - Units . ft. sf $ 0.80 $ 0.30 $ 1.50 4 Washed shell, 3" depth - Units . ft. sf $ 5.25 $ 1.00 $ 6.00 5 Gray slag ravel, 1/2" - Units . ft. sf $ 4.75 $ 1.25 $ 6.00 a. TOTAL MULCH $ 14.30 $ 3.25 $ 16.50 b. Plants 1 4" Container, Annuals /Perennials Begonias, Impatiens, Lantana, Pentas, Purple queen, Dune sunflower, Perennial Peanut Ground Cover, etc. Ea. $ 3.25 $ 1.75 $ 3.00 b.'° TOTAL 4" P la nts; $ 3.25 $ 1.75 $ 3.00 C. 1 Gallon Container 1 African Iris Ea. $ 12.00 $ 5.00 $ 10.00 2 Sand Cord grass Ea. $ 18.00 $ 4.00 $ 10.00 3 Plumba o Ea. $ 12.00 $ 5.00 $ 10.00 4 1 Lily of the Nile Ea. $ 12.00 $ 5.00 $ 10.00 5 Coontie Ea. $ 18.00 $ 7.00 $ 18.00 6 Day-lily, evergreen variety Ea. $ 12.00 $ 5.00 $ 10.00 7 Florida Game Grass Ea. $ 12.00 $ 4.50 $ 10.00 8 Juniper 'Parsonir Ea. $ 12.00 $ 4.50 $ 10.00 9 Lantana Ea. $ 12.00 $ 4.00 $ 10.00 10 Pentas Ea. $ 12.00 $ 4.00 $ 10.00 11 Lirio e'Evergreen giant' Ea. $ 12.00 $ 4.50 $ 10.00 12 1 Purple queen Ea. $ 12.00 $ 5.00 $ 10.00 13 ISpider Lily Ea. $ 16.00 $ 8.00 $ 10.00 14 Muhly g rass______ Ea. $ 12.00 $ 4.50 $ 10.00 15 Perennial Peanut ground cover Ea. $ 12.00 $ 4.50 $ 10.00 16 Ground Orchids Ea. $ 16.00 $ 15.00 $ 18.00 17 Asian asmine'Minima' Ea. $ 12.00 $ 6.00 $ 10.00 c TOTAL 1 Gallon Container $ 224.00 $ 95.50 $ 186.00 d. 3 Gallon Container 1 Coco plum Ea. $ 20.00 $ 9.00 $ 18.00 2 Thryallis Ea. $ 20.00 $ 11.00 $ 18.00 3 Bush Allamanda Ea. $ 20.00 $ 9.00 $ 18.00 4 Allamands Hendersonii Dwarf Ea. $ 20.00 $ 9.00 $ 18.00 5 Bou ainvillea'Helen Johnson' Ea. $ 20.00 $ 12.00 $ 20.00 6 Ixora'Nora Grant' Ea. $ 20.00 $ 12.00 $ 18.00 7 Indian Hawthorne Ea. $ 20.00 $ 10.00 $ 18.00 8 Juniper 'Parsoni' Ea. $ 20.00 $ 10.00 $ 18.00 9 Coontie Ea. $ 40.00 $ 20.00 $ 36.00 10 Dwarf bougainvillea Ea. $ 20.00 $ 12.00 $ 20.00 11 Fakahatchee grass Ea. $ 20.00 $ 9.00 $ 18.00 12 Florida Privet jEa.1 $ 20.00 $ 12.00 $ 18.00 13 Fountain grasses Ea. $ 20.00 $ 9.00 $ 18.00 14 Ilex'Schellin s dwarf Ea. $ 20.00 1 $ 10.00 $ 18.00 Page 4 of 10 Project Mgr.'. Pam Lunch Dale P.Mad'. 11 -22 -05 Dale Due: 12.1405 BID'. 06 -3928 'Golden Gate Parkway Annual Landscape Maintenance C-t..0 Addendum. Agenda Item No. 16136 January 24,, s20�0P6 Ra abcJ.Bkd:l Bid. Received. 3 Page 5 of 10 Advanced AmeraTech Commercial 15 Indian hawthorne'Alba', white Ea. $ 20.00 $ 15.00 $ 18.00 16 Ixora'Nora rant' Ea. $ 20.00 $ 12.00 $ 18.00 17 Dwarf Ixora Ea. $ 20.00 $ 11.00 $ 18.00 18 Juni er'Parsonii' Ea. $ 20.00 $ 11.00 $ 18.00 19 Sider lily Ea. $ 20.00 $ 12.00 $ 18.00 20 iThryallis Ea. $ 20.00 $ 11.00 $ 18.00 21 Tumera 'Yellow Alder' Ea. $ 20.00 $ 15.00 $ 18.00 22 Wax myrtle Ea. $ 20.00 $ 9.00 $ 18.00 23 Saw Palmetto Ea. $ 40.00 $ 15.00 $ 36.00 24 Sea oats Ea. $ 35.00 $ 11.00 $ 36.00 25 Variegated arboricola'Trinette' Ea. $ 20.00 $ 12.00 $ 18.00 26 Silver buttonwood Ea. $ 20.DO $ 9.00 $ 18.00 27 Sim son or Spanish stopper Ea. $ 20.00 $ 10.D0 $ 18.00 28 Variegated pittosporum Ea. $ 20.00 $ 10.00 $ 18.00 29 Walter's viburnum Ea. $ 20.00 $ 13.00 $ 18.00 30 Muhly grass Ea. $ 20.00 $ 10.00 $ 18.00 31 Ground orchids Ea. $ 20.00 $ 15.00 $ 30.00 dI ITOTAL 3 Gallon Container $ 675.00 $ 355.00 $ 628.00 e. 110 Gallon Container 1 lBottlebrush 'Red cluster' Ea. $ 100.00 $ 60.00 $ 110.00 2 Cardboard Palm Ea. $ 135.00 $ 60.00 $ 110.00 3 Cattle Guava Ea. $ 100.00 $ 55.00 $ 110.00 4 Crinum Lily Ea. $ 100.00 $ 60.00 $ 110.00 5 Crape Myrtle Ea. $ 100.00 $ 65.00 $ 110.00 6 Hibiscus Standard Ea. $ 100.00 $ 50.00 $ 110.00 7 Jamaican Caper Ea. $ 100.00 $ 80.00 $ 110.00 8 Li ustrum Ea. $ 135.00 $ 50.00 $ 110.00 9 IMyrsine Ea. $ 135.00 $ 50.00 $ 110.00 10 ISilver Buttonwood Ea. $ 100.00 $ 50.00 $ 110.00 11 ISimpson or Spanish Stopper Ea. $ 100.00 $ 55.00 $ 110.00 12 Max Myrtle Ea. $ 135.00 $ 50.00 $ 110.00 13 IVarigated Pittos ovum Ea. $ 100.00 $ 45.00 $ 110.00 e TOTAL 10 Gallon Container $ 1,440.00 $ 730.00 $ 1.430.00 f. 15 Gallon Container 1 Red Maple Ea. $ 150.00 $ 50.00 $ 180.00 2 Black Olive 'Shad Lady' Ea. $ 190.00 $ 75.00 $ 180.00 3 Floss Silk Tree Ea. $ 190.00 $ 50.00 $ 180.00 4 Yellow Poinciana Ea. $ 190. D0 $ 60.00 $ 180.00 5 Bald C ypress Ea. $ 190.00 $ 65.00 $ 180.00 6 Hong Kong Orchid Ea. $ 190.00 $ 200.00 $ 180.00 If ITOTAL 15 Gallon Container 1 1$ 1,100.00 $ 500.00 1 $ 1.080.00 Page 5 of 10 Project Mgr.: Pam Lulich Date Posted. 11.22 -05 Date Due: 12 -14 -05 BID 06 -3926 "Golden Gate Parkway Annual Landscape Maintenance Contract` Addendum.: Agenda Item No. 16136 January 24,, 2(00}6 a RayJah�ed t a0;l We Received: 3 Pegs 6 of 10 Advanced AmeraTech Commercial 2 Gall n Container 1 Bottlebrush'Red Cluster' Ea. $ 275.00 $ 150.00 $ 275.00 2 Silver Buttonwood Ea. $ 275.00 $ 175.00 $ 275.00 3 Cattley Guava Ea. $ 275.00 $ 170.00 $ 275.00 4 Cassia surratensus Yellow Cassia; Estimated Quantity 20; Unit Each Ea. $ 275.00 $ 175.00 $ 275.00 5 Crape Myrtle Ea. $ 275.00 $ 180.00 $ 275.00 6 Dahoon Holly Ea. $ 275.00 $ 175.00 $ 275.00 7 Holl 'East Palatka' Ea. $ 275.00 $ 175.00 $ 275.00 8 Foxtail Palm Ea. $ 350.00 $ 185.00 $ 350.00 9 Li ustrum Ea. $ 275.00 $ 150.00 $ 275.00 10 Live Oak Ea. $ 350.00 $ 160.00 $ 350.00 11 Mahogany Ea. $ 275.00 $ 175.00 $ 275.00 12 Magnolia Ea. $ 325.00 $ 225.00 $ 275.00 13 Red Maple Ea. $ 275.00 $ 175.00 $ 275.00 14 Orange Geiger Ea. $ 325.00 $ 175.00 $ 275.00 15 Slash Pine Ea. $ 275.00 $ 175.00 $ 275.00 16 Tabebuia'I e' Ea. $ 350.00 $ 175.00 $ 350.00 17 Yellow Elder Ea. $ 275.00 $ 175.00 $ 275.00 18 Wax Myrtle Ea. $ 275.00 $ 170.00 $ 275.00 19 White Geiger Ea. $ 325.00 $ 175.00 $ 350.00 20 Orchid Tree White Ea. 1 $ 275.00 $ 125.00 $ 275.00 TOTAL 25 Gallon Container $ 5,875.00 $ 3,440.00 $ 5,800.00 h. 30 Gallon Container 1 Bottlebrush 'Red Cluster' Ea. $ 300.00 $ 200.00 $ 300.00 2 Cassia Ea. $ 300.00 $ 200.00 $ 300.00 3 Crape Myrtle Ea. $ 300.00 $ 220.00 $ 300.00 4 Dahoon Holly Ea. $ 300.00 $ 200.00 $ 300.00 5 Holly 'East Palatka' Ea. $ 300.00 $ 185.00 $ 300.00 6 Foxtail Palm Ea. $ 375.00 $ 210.00 $ 400.00 7 Li ustrum Ea. $ 300.00 $ 210.00 $ 300.00 8 Live Oak Ea. $ 375.00 $ 185.00 $ 400.00 9 Mahogany Ea. $ 300.00 $ 200.00 $ 300.00 10 Magnolia Ea. $ 350.00 $ 235.00 $ 300.00 11 Red Maple Ea. $ 300.00 $ 200.00 .1 300.00 12 Orange Geiger Ea. $ 350.00 $ 210.00 $ 300.00 13 Slash Pine Ea. $ 300.00 $ 200.00 $ 300.00 14 Tabebuia'I e' Ea. $ 375.00 $ 220.00 $ 300.00 15 Yellow Elder Ea. $ 300.00 $ 220.00 $ 300.00 16 Wax Myrtle Ea. $ 300.00 $ 170.00 $ 300.00 17 White Geiger Ea. $ 350.00 $ 200.00 $ 400.00 16 Orchid Tree White Ea. $ 300.00 $ 200.00 $ 300.00 h TOTAL 30 Gallon Container $ 5,77500 $ 3,665.00 $ 5,700.00 i 45 Gallon Container 1 Bottlebrush 'Red Cluster' Ea. $ 400.00 $ 230.00 $ 425.00 2 Cassia Ea. $ 400.00 $ 245.00 $ 425.00 3 Crape Myrtle Ea. $ 400.00 $ 230.00 $ 425.00 4 Dahoon Holly Ea. $ 400.00 $ 245.00 $ 425.00 5 Holly 'East Palatka' Ea. $ 400.00 $ 245.00 $ 425.00 6 Foxtail Palm Ea. $ 450.00 $ 245.00 $ 500.00 7 Li ustrum Ea. $ 400.00 $ 300.00 $ 425.00 8 Live Oak Ea. $ 450.00 $ 255.00 $ 500.00 9 Maho ny Ea. $ 400.00 $ 300.00 $ 425.00 10 Red Maple Ea. 1 $ 400.00 $ 245.00 $ 425.00 11 Orange Geiger Ea. $ 400.00 $ 260.00 $ 425.00 12 Slash Pine Ea. $ 400.00 $ 230.00 $ 425.00 13 Tabebuia'I e' Ea. $ 400.00 $ 260.00 $ 500.00 14 Yelloow Elder Ea. $ 400.00 $ 265.00 $ 425.00 15 Wax Myrtle Ea. $ 400.00 $ 215.00 $ 425.00 16 Jacaranda Ea. $ 400.00 $ 260.00 $ 425.00 17 IYellow Poinciana Ea. $ 450.00 $ 260.00 $ 425.00 Pegs 6 of 10 Project Mgr.: Pam Lufch Date Posted: 11 -22 -05 Date Due: 12 -14 -05 BID' 08 -3928 'Go en Gale Parkway Mnuel Landscape Mainlenarwe Coneacr Addendums: Agenda Item No. 16136 January N2��4�j, 2006 P- A= l t} Bid. Ra-, ed'. 3 Advanced AmeraTech Commercial 18 Ja enese Privet Ea. $ 450.00 $ 360.00 $ 425.00 19 White Geiger Ea. $ 450.00 $ 245.00 $ 500.00 20 Floss Silk Tree Ea. $ 425.00 $ 265.00 $ 425.00 21 Orchid Tree White Ea. $ 425.00 $ 245.00 $ 425.00 22 Hong Kon Orchid Ea. $ 425.00 $ 245.00 $ 425.00 i TOTAL 45 Gallon Container $ 5,650.00 $ 9.650.00 65 Gallon Container 1 Bottlebrush'Red Cluster' Ea. $ 475.00 $ 275.00 $ 500.00 2 Crape Myrtle Ea. $ 475.00 $ 245.00 $ 500.00 3 Dahoon Holly Ea. $ 525.00 $ 345.00 $ 500.00 4 Holly' ast Palatka' Ea. $ 525.00 $ 330.00 $ 500.00 5 Foxtail Palm Ea. $ 675.00 $ 230.00 $ 750.00 6 Li ustrum Ea. $ 475.00 $ 290.00 $ 500.00 7 Live Oak Ea. $ 575.00 $ 350.00 $ 750.00 8 Mahogany Ea. $ 475.00 $ 375.00 $ 500.00 9 Magnolia Ea. $ 525.00 $ 350.00 $ 500.00 10 Red Maple Ea. $ 475.00 $ 350.00 $ 500.00 11 Orange Geiger Ea. $ 575.00 $ 375.00 $ 500.00 12 Slash Pine Ea. $ 475.00 $ 280.00 $ 450.00 13 Tabebuia'lpe' Ea. $ 575.00 $ 325.00 $ 750.00 14 Wax Myrtle Ea. $ 475.00 $ 275.00 $ 450.00 15 Orchid Tree White Ea. $ 475.00 $ 375.00 $ 750.00 16 White Geiger Ea. $ 575.00 $ 375.00 $ 500.00 TOTAL 65 Gallon Container $ 8.350.00 $ 5,145.00 $ 8.900.00 k Palms 1 Sabal Palms 10'to 20' CT. Ea. $ 350.00 $ 185.00 $ 325.00 2 Sabal Palm 8' to 12' Booted Ea. $ 300.00 $ 195.00 $ 325.00 3 Florida Thatch Palm 4' to 5' HT., field grown) Ea. $ 425.00 $ 225.00 $ 700.00 4 Florida Royal Palm 16' OA Ht. Ea. $ 1,500.00 $ 400.00 $ 1.700.00 5 Carpentaria Palm 16' Ft. Ea. $ 1,200.00 $ 400.00 $ 800.00 6 Paurotis Palm 10' OA Ht. Multi -Stem Ea. $ 1,400.00 $ 350.00 $ 750.00 7 Alexander Palm (14-160A Ht. 10' CL. WD. Ea. $ 1.400.00 $ 400.00 $ 800.00 8 Foxtail Palm 10 -12' OA Ht. Ea. $ 1,200.00 $ 275.00 $ 750.00 9 Washington Palm 30' CT. Ea. $ 2,300.00 $ 800.00 $ 2,500.00 10 Solitaire Palm Single 10' CT. Ea. $ 1,000.00 $ 300.00 $ 800.00 11 Solitaire Palm Double 10' CT. Ea. $ 1,200.00 $ 350.00 $ 900.00 12 Washi ton Palm 10' CT. Ea. $ 1.000.00 $ 300.00 $ 1,000.00 13 lWashington Palm 18' CT Ea. $ 1.500.00 $ 450.00 $ 1.500.00 k TOTAL Palms $ 14,775.00 $ 4,630.00 $ 12,850.00 1. Canopy Trees 1 Live Oak 100 gal. Cont. , 4 " -5" cal., 16' ht. Ea. $ 1,200.00 $ 650.00 $ 1,700.00 2 Live Oak (200 gal. Cont., 6 " -8" cal., 20' ht. ) Ea. $ 21400.00 $ 900.00 $ 2,900.00 3 White Geiger 100 al. Ea. $ 1,100.00 $ 950.00 $ 800.00 11 ITOTAL Canopy Trees $ 4,700.00 $ 2,500.00 $ 5,400.00 M. LIQUID FERTILIZATION APPLICATION 1 Apply Peters 20 -20 -20 at ten (10) pounds of material per one hundred (100) gallons of water with Ferromec AC 13 -0 -0 plus six percent (6 %) Iron at one third (113) gallon of material per one hundred (100) gallons water. 2 Turf Per S . Ft.) Ea. $ 0.40 $ 0.03 $ 0.50 3 IPlanting Beds Per S ,. Ft. Ea. $ 0.40 $ 0.05 $ 0.50 m TOTAL Liquid Fertilization Application $ 0.80 $ 0.08 $ 1.00 n. SOD SERVICES 1 Removal of existing sod /weeds with sod cutter or by hand and prepare soil /area to the proposed finished grade suitable for new sod (includes one herbicide treatment and all landfill tipping fees.) sf $ 1.25 $ 0.12 $ 1.25 n TOTAL Sod Services $ 1.25 $ 0.12 $ 125 Project Mgr,: Pam Lullch Date Posted: 11 -22.05 Date Due'. 12 -14 -05 BID: 015-3028 'Gdden Gale Perkwey Annual Landscape Mamienonce Conaaot' Addendum.: Agenda Item No. 1686 January 24, 2006 P agegm=2 Bids Received: 3 Page 8 of 10 Advanced AmeraTech Commercial o. SOD / TURF GRASSES Delivered, off - loaded, fine graded for sod, laid in place, rolled and trim edges as necessary: St. Augustine Floratam: 1 Muck grown (per 500 s . ft. pallet) $ 500.00 $ 225.00 $ 550.00 2 Sand grown (per 400 s . ft. pallet) $ 450.00 $ 205.00 $ 500.00 Palmetto: 3 Muck grown (per 500 s . ft. pallet) $ 500.00 $ 250.00 $ 550.00 4 Sand grown (per 400 s . ft. pallet) $ 450.00 $ 225.00 $ 500.00 Bitter Blue: 5 Muck grown (per 500 s . ft. pallet) $ 500.00 $ 250.00 $ 550.00 6 Sand grown (per 400 sq ft. pallet) $ 450.00 $ 225.00 $ 500.00 Bahia Argentine: 7 Sand grown (per 400 s . ft. pallet) $ 400.00 $ 175.00 $ 300.00 0. TOTAL SOD / TURF GRASSES $ 3,250.00 $ 1,555.00 $ 3,450.00 . STAKING OF TREES AND PALMS 1 Staking of Small Palm 4 %6" Calipher at Maturity) Ea. $ 90.00 $ 28.50 $ 90.00 2 Stakin Large Palms (Calipher greater than 6" ) Ea. $ 255.00 $ 44.50 $ 90.00 3 Staking Small Canopy Tree (2x2 posts and guy wire, 4 " -6" calipher) Ea. $ 125.00 $ 28.50 $ 90.00 4 Staking Large Canopy Tree (2x4 posts, greater than 6" caliph--r ) Ea. $ 255.00 $ 44.50 $ 90.00 5 Hurricane Restanding and Staking Small Palm (4 " -6" Calipher at Maturity) Ea. $ 90.00 $ 50.00 $ 225.00 Page 8 of 10 Project Mg,. : r- Luhi h Del, Posted: 11 -22 -05 Date Due: 12 -14 -05 BID: 05 -3820 "Gdden Gel, Psr way Annual Landecape Maintenance Convect' Pddendums: Agenda Item No. 16136 January 24, 2006 Pag==V Bids Received: 3 Page 9 of 10 Advanced AmeraTech Commercial 6 Hurricane Restanding and Staking Large Palms (Calipher greater than 6 ") Ea. $ 255.00 $ 90.00 $ 250.00 7 Hurricane Restanding and Staking Small Canopy Tree (2x2 posts and guy wire, 4 " -6" calipher) Ea. $ 125.00 $ 50.00 $ 225.00 8 Hurricane Restaking Large Canopy Tree (2x4 posts, greater than 6" calipher) Ea. $ 255.00 $ 90.00 $ 250.00 9 Removal of Staking for Small Palm (4 " -6" Calipher at Maturity) Ea. $ 15.00 $ 6.50 $ 25.00 10 Removal of Staking for Large Palms (Calipher greater than 6 ") Ea. $ 30.00 $ 15.00 $ 25.00 11 Removal of Staking for Small Canopy Tree (2x2 posts and guy wire, 4 " -6" calipher) Ea. $ 15.00 $ 6.50 $ 25.00 12 Removal of Staking for Large Canopy Tree (2x4 posts, greater than 6" calipher) Ea. $ 30.00 $ 15.00 $ 25.00 P. TOTAL STAKING OF TREES AND PALMS $ 1,540.00 $ 469.00 $ 1,410.00 SUMMARY- SECTION TWO * $ 57,606.75 TOTAL SECTION 2 (WRITTEN AMOUNT - a.-p.) III SECTION THREE - ADDITIONAL/ EMERGENCY LANDSCAPE MAINTENANCE SERVICES The Additional / Emergency Landscape Maintenance Services Bid is mandatory and must be completed by the bidder in order for their bid to be considered. a Mowing and Edging Per s . ft. Unit Cost: $ 0.10 $ 0.01 $ 0.10 b Weeding (Hand removal and hand sprayed herbicide Per s . ft. Unit Cost: $ 0.15 $ 0.03 $ 0.10 c Pruning Removal and dtLa of debris to landfill site Per Hour Unit Cost: $ 95.00 $ 30.00 $ 95.00 d Fertilization Labor for broadcasting 50 Ib. bag) Per Bag) Unit Cost: $ 3.00 $ 15.00 $ 5.00 e Mulch Application Labor for applying 2cu. Ft. bags) (Per Bag) Unit Cost: $ 0.70 $ 1.25 $ 2.00 f Trash Pick -Up and Removal (Bagging and disposal to a landfill of trash from landscape areas and on -site containers) Per Hour Unit Cost: $ 95.00 $ 30.00 $ 95.00 Irrigation System Review Per Hour Unit Cost: $ 50.00 $ 45.00 $ 55.00 h Travel Time Per Hour Unit Cost: $ 30.00 $ 25.00 $ 55.00 i Landscape Laborer (Per Hour ) Unit Cost: $ 40.00 $ 25.00 $ 40.00 Truck Operator (Class B or higher current State of Florida Driver License) Per Hour Unit Cost: $ 70.00 $ 30.00 $ 65.00 Page 9 of 10 Project Mgr.: Pam Lulloh Dale Posted: 11 -22.05 Dale Due'. 12 -1405 BID: 06 -3926 "Golden Gate Parkway Annual Landscape Maintananor, Contract' Addend,nns: Agenda Item No. 1686 January 24, 2006 Pag4=d%? Bids Received: 3 Page 10 of 10 Advanced AmeraTech Commercial k Stum Grinder and Operator Per Hour Unit Cost: $ 125.00 $ 60.00 $ 125.00 1 Bobcat and Operator Per Hour Unit Cost: $ 175.00 $ 75.00 $ 175.00 TOTAL ADDITIONAL .I EMERGENCY LANDSCAPE MAINTENANCE SERVICES $ 683.95 $ 336.29 $ 732.20 SUMMARY- SECTION III '09% TOTAL BASE BID SECTION I, 11, itr III ¢ , 8 '8 °1I 06122,110 u S 19' ` TOTAL SECTION III WRITTEN AMOUNT - a -I See Bid See Bid See Bid PLANTING SERVICES These services shall be activated in the event that damaged or dead plant material require replacement and /or landscape areas require minor renovations Quotes requested for items under this Section generally shall be for small quantities. The Contractor shall bid installed Unit Prices which includes materials and labor required for the installation, MOT, initial watering and establishment hand watering provided the irrigation system is not providing proper coverage. All plant amterial provided shall be Florida #1 or better as specified by the Department of Agriculture's "Grades and Standards for Nursery Plants" Volumes 181 11 lastest edition. SUBCONTRACTORS TO BE USED: In no Instance may a subcontractor (a) perfrom more than 49% of the total bid amount)- SPRAYING subcontractor a Name S ra in In -House NIA NIA Phone: 732.4624 b IRRIGATION subcontractor In -House N/A NIA Name Irrigation) 732 -4624 Phone: REQUIRED DOCUMENTATION Y N Copy of the currrent Landscape Contractor's License and Irrigation Contractor's Lincense or Unlimited Landscape Contractor's License. State of Florida Contractor's Chemical Application License. Y Y Y Y N Verification of current projects in landscaping maintenance business. Y Y Y Y N List of owned and /or leased equipment. Y Y Y _ Y N Documentation of at least three (3) years experience within Southwest Florida. Y Y Y _ Y N Proof of MOT certification. Y Y Y Y N The name and IRS W -4 form of the firm's employee qualifying. Y Y Y Y N Documentation of minimum of three (3) years experience / o eration of Motorola Irrigation Control Systems. Y N Y _ *Requirement stated in bid document but not on bid schedule. Brenda Brilhart --Agent: Witness: Courtney Grosman Page 10 of 10 Agenda Item No. 1687 January 24, 2006 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to authorize the County Manager or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable document, and to accept the grant if awarded OBJECTIVE: To authorize the County Manager or his designee to execute the attached Federal Transit Administration (FTA) grant application and applicable documents and to accept the grant if awarded. CONSIDERATION: FTA funds, which are to be used to help provide rural transportation in Collier County, are made available each year through an application process administered by the Florida Department of Transportation (FDOT). As a governmental entity, the BCC is eligible to file the grant application to continue the public transportation service. FISCAL IMPACT: This FY06 grant request of $147,582 will require a 50% "Soft" match. The soft match amount will be available from County fund (427) to be budgeted for Transportation Disadvantaged trips in rural areas. No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize the County Manager or his designee to execute the attached FTA Section 5311 grant application, revise and amend the FY 2006 grant and supporting documents, accept the grant if awarded and approve any budget amendments necessary to receive these funds. Any decision to terminate or otherwise not accept the Grant shall require this Board's prior approval as an agenda item. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: FTA Section 5311 Grant Application Agenda Itern No. 1667 January 24, 2006 Pace 2 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1667 yP Item Summary: Recommendation to authorize the County Manager or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable document, and to accept the grant if awarded. Meeting Date: 104!2006 9:00:00 AM Approved By Diane S. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 11512006 6:14 PM Approved By Marlene J. Foord Grants Coordinator Dole Administrative Services Administrative Services Admin. V612006 11:43 AM Approved By Barbara LaPwrre MaoagemeAM.dget Analyst Date Transportation Services Traffic Operations 1/612006 1:05 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 116/2006 3:34 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1110/2006 4:44 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Tronsporfation Services Admin. 111012006 4:59 PM Approved By Pat Lehn card Executive Secretary Dale Transportation Services Transportation Services Admin IM V2006 9:63 AM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 1111i2006 11:45 AM Approved By Mark Isackson Budget Analyst Date Cnunty Managers Office Office of Management & Budget 1113/2006 9:11 AM Approved By Michael Smykovrski Management & Budget Direaor Date County Manager's Office Office of Management & Budget 1/13/2006 3:29 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1r17i20064:48 PM Commissioners Agenda Item No. 16137 January 24, 2006 Applies to Applicants for Operating Assistance (Only). Page 3 of 40 Checklist for Application Completeness Name of Applicant: Collier County Board of County Commissioners Check one: New Applicant Recurring Applicant X The following documents must be included in Section 5311 Operating Assistance Applications in the order listed: YES This Checklist YES Applicant's cover letter and two copies of the governing board's Resolution. YES Forms B -1 and B -2 (Operating and Administrative Expenses & Revenues; Grant Request) YES Application for Federal Assistance (Form 424, Code 20.509). NA Exhibit A -1: Data Information Fact Sheet. Recurring Applicant YES Exhibit E: Single Audit Act, and a copy of the latest completed audit, if applicable NA Exhibit E -1: Certification of Exemption from the Single Audit Act, if applicable YES Exhibit F: Federal Certifications and Assurances. YES Exhibit I: FTA Section 5333(b) Assurance. Date submitted to Local Clearinghouse Agency: 12/30/2005 Additional documents required from New Applicants: Exhibit A - Current System Description. Exhibit B- Proposed Project Description. Agenda Item No. 16B7 January 24, 2006 COLLIER COUNTY GOVERNMENT Page 4 of 40 TRANSPORTATION SERVICES DIVISION Alternative Transportation Modes Department 2885 Horseshoe Drive South • Naples, Florida 34104 • 239- 774 -8192 January 24, 2006 Mr. Wayne Chewning Florida Department of Transportation Post Office Box 1249 801 N. Broadway Bartow, Florida 33830 -1249 RE: 5311 Grant Submittal Dear Mr. Chewning: FAX 239.213.5899 Collier County Board of County Commissioners submits this Application for Section 5311 Program Grant Funds and agrees to comply with all assurances and exhibits attached hereto and by this reference made a part thereof, as itemized in the Checklist for Application Completeness. This Application is submitted on this 24`" day of January, 2006 with two original resolutions authorizing the County Manager or his designee to sign this application and any other supporting documentation. Thank you for you assistance ui this matter. Sin el , F Blanca Nieves Administrative Assistant Collier County Enclosures Cc: Diane B. Flagg, Alternative Transportation Modes Director Norman Feder, Transportation Administrator Kelly Jones, Finance Department �, e j ( i r r � �► � » t 1r Agenda item No. 16B7 January 24, 2006 COLLIER COUNTY GOVERNMENT Page 5 of 40 TRANSPORTATION SERVICES DIVISION Alternative Transportation Modes Department 2885 Horseshoe Drive South 0 Naples, Florida 34104 • 239- 774 -8192 a FAX 239.213.5899 December 30, 2005 Ms. Nicole Gwinnett Southwest Florida Regional Planning Council 1926 Victoria Ave Fort Myers, FL 33901 Re: Transmittal of Federal Transit Administration (FTA) 5311 Grant Application for Intergovernmental Coordination and Review, (IC &R) Dear Ms. Gwinnett: Enclosed please find one draft copy of Collier County's application for a grant of $147,582 in federal assistance through the FTA 5311 program for the operational funding needed to continue Rural Transit and Paratransit in Collier County. The draft application will presented to the BCC on January 24, 2006. Please conduct the Intergovernmental Coordination and Review, (IC &R), and send a copy of your response to Mr. Wayne Chewning , Florida Department of Transportation; P.O. Box 1249; Bartow, Florida 33830 -1249. Thank you for your assistance in this matter. Sincerely, Lisa Hendrickson Public Transportation Planner Enclosures cc: Diane B. Flagg, Alternative Transportation Modes Director Agenda Item No. 16137 January 24, 2006 Page 6 of 40 RESOLUTION NO. 2006- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO APPLY FOR A FEDERAL TRANSIT AGENCY SECTION 5311 GRANT, TO REVISE AND EXECUTE ANY REQUIRED DOCUMENTATION, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED. WHEREAS, 49 U.S.C. 5311 authorizes the Secretary of Transportation to make grants and loans to local government authorities such as Collier County to help provide rural transit services; and WHEREAS, each year, through an application process administered by the Florida Department of Transportation, the Collier County Transportation Disadvantaged program has obtained funds that are used for providing rural transportation services to the residents of Collier County; and WHEREAS, the Collier County Local Coordinating Board (LCB) has requested that the Collier County Board of County Commissioners apply this year for FTA 49 U.S.C. 5311 funds in order to help provide for rural transportation services to the residents of Collier County; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has authority to apply for and accept grants from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Collier County, Florida, that: 1. The County Manager, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5311 Grant, including executing the Section 5333(b) Assurance, a copy of which documents are attached hereto, to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. 2. Any decision to terminate or otherwise not accept the Grant shall first require approval by the Board of County Commissioners as an agenda item. 3. This Resolution shall be effective immediately upon signature by the Chairman. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By' Deputy Clerk Frank Halas, Chairman Approved as to form and legal sufficiency: OPERATING and ADMINISTRATIVE REVENUE Agenda Item No. 1607 January 24, 2006 Page 7 of 40 Name of Applicant Organization: Collier County Board of County Commissioners Date Completed 12/__15/2005 OPERATING REVENUES Fiscal Period from 7/01/06 - 6/30/07 REVENUE USED TOTAL REVENUE AS FTA MATCH (All Ann inanfcl ;ai t n, . u _._ _ raaa wiPgat rarer Tor i ransit 5e/vices TOW- $135,757 Toby Ruraw b $25.068 $234,777 $ 25.D68 S ecial Transit Fares 402 School Bus Service Revenue 403 Freight Tarriffs 404 Charter Service Revenues 405 Auxiliary Transportation Revenues 406 Non-Transportation revenues 407 Total Operating Revenues OTHER REVENUES Taxes Levied directly by Transit System 408 S 280 14 Local Cash Grants and Reimbursements 409 1 $778,192 Local Special Fare Assistance 410 State Cash Cash Grants and Reimbursements 411 S1,014,205 State S ecial Fare Assistance 412 Federal Cash Grants and Reimbursements 413 $147,582 $ Interest Income 414 Contributed Services 434 Contributed Cash fA141 Subsidy from Other Sectors of Operations 440 Total of Other Revenues GRAND TOTAL REVENUES $2,335,5E1 $ 3Q5,217 Agenda Item No. 1687 January 24, 2006 Page 8 of 40 OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant Organization: Collier County Board of County Commissioners Date Completed 12/15/2005 u.-i A TOTAL EXPENSE f All A..wi;n 6.1 ELIGIBLE EXPENSES 15311 &5311(f1 Applicants) Fiscal Period Trom i"wa - olsu,vo Labor 501 Fringe and Benefits 502 Services 503 Materials and Supplies 584 Vehicle Maintenance 1504 .01 Utilities 505 insurance 506 License and Taxes 507 urchased Transit Service °' 508 $ 2,335,581 $778,192 509 odiscellaneous Leases and Rentals 512 De reciation 513 $2,335,581 $7-78.192 Totals _ SECTION 5311 AND 5311 (f) GRANT REQUEST Operating Expenses Shared by FTA Farebox Revenue Operating Deficit (operating expenses less revenue) $ 467,814 (a) $ 25,068 (b) $ 295,164 (c) Section 5311 Request (no more than 50% of the Deficit) $ 147,582 (d) GRAND TOTAL REVENUES $ 2,335,581 (e) (from Operating and Administrative Revenue form) Note: it Brand ToW Revenues (a) exceeds Total Messes (a}, reface Section 5311 (d) request (d) by dw amomt. APPLICATION FOR FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: Application Prea lication nConstruction ff Construction F1Non - Construction ❑Nan- Construction DATE SUBMITTED DATE RECEIVED BY STATE Legal Name Collier County Board of County Commissioners Address (give city, W-My, state and zip ewe) 2885 South Horseshoe Drive Naples, FI 34104 EMFLOYER IDENTIFICATION NCIMBLR(EIN) 5 9 6 0 0 0 5 5 8 Agenda Item No. 16137 January 24, 2006 Page 9 of 40 Identifier Application Identifier Unit • •-••-- -.,- —mPrnnry numuer or person to be contacted on matters Involving this application (give area code) Lisa Hendrickson, Public Transportation Planner lisahendrickson(rDcolfiergov net ,239 213 -5889 . TYPE OF APPLICANT (enter appropriate letter in box) ❑ A. State H. Independent School D"ut. B. County t. State controlled Institute or Higher Learning IX I ..,y D. Township K. Irdian Tube tee^ Conturuetim Roviuvn E. huennam L. Iadividud F. Intmnunici If Revision, aver eppropriek baer(a) nn box(r). Pd M. PmBI Organizerim G. Special Dimiot N. Othar(Specify) A. Irtcreaae Award B. Dasemc Award C. Increase Duration D. Decremc Duration Other (Specify) 9. NAME OF FEDERAL AGENCY FEDERAL TRANSIT ADMINISTRATION 10. CATALOG OF FEDERAL DOMESTIC w O O � 0 � 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: L ASSISTANCE NUMBER TITLE Ftd- 1TrIf —ii rranahatiMSectw53ttpro To continue Rural transit and paratransit 12 AREAS AFFECTED BY PROJECT (atiet. camttim stag, do.) service in Collier County. Collier County, Florida Requested Federal funds this Grant $147,582 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Stan Date Ending Drte TDJeCI 7/1/2006 6/30/2007 14 14 15, ESTIMATED FUNDndG 16. IS APPLICATION SUBJECT To REVIEW CES BY STATE EXECUTIVE ORDER 12372 PRO a. Federal $ 147.582 a. YES THIS PREAPPLICATION, APPLICATION WAS MADE AVAILABLE TO THE b. Applicant STATE EXECLTi7VE ORDER 12372 PROCESS FOR REVIEW ON c. state Date: d. Local $ 147582 b. NO 71 PROGRAM 1S NOT COVERED BY ED 12372 e- Other OR PROGRAM HAS NOT BEEN SELECTED RY STATE FOR REVIEW P . Prooram Iruame I7. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DE817 o. TOTAL $ 295,164 =' if"Yes' attach an ex planation *1�T I& TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION PREPARATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Typed Name of Authorized Representative b. Title a Telephone number Norman Feder ITransportation Administrator (239 ) 774 -8192 d Signature of Authonzed Representative e. Date Signed rrcvmus LainOna rvot VbaDle Standard Form 424 (REV 4.88) Authorized for Local Reproduction Praaibed by OMB Cucular A• I U2 2 Agenda Item No. 1687 January 24, 2006 Page 10 of 40 Exhibit E -- Single Audit Act A copy of the Collier County audit is attached as Exhibit E. Agenda Item No. 16137 January 24, 2006 Page 11 of 40 Single Audit/Federal and State Schedule of Financial Assistance THE SINGLE AUDIT/FEDERAL AND STATE SCHEDULE OF FINANCIAL ASSISTANCE SECTION PRESENTS GRANT COMPLIANCE REPORTS FILED BY COLLIER COUNTY WITH THE FEDERAL GOVERNMENT AND STATE GOVERNMENT, RESPECTIVELY. rJ cV GSS (B Sfl LU U. ■ THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item No. 1687 January 24, 2006 K,PNIG LLP Page 13 of 40 Suite 1700 100 North Tampa Street Tampa, FL 33602 Independent Auditors' Report on Internal Control Over Financial Reporting and Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Distinguished Members of the Board of County Commissioners Collier County, Florida: We have audited the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fimd, and the aggregate remaining fund information of Collier County, Florida as of and for the year ended September 30, 2004, which collectively comprise Collier County, Florida's basic financial statements and have issued our report thereon dated February 28, 2005. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered Collier County, Florida's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by, employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether Collier County, Florida's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we have reported to management of Collier County, Florida in a separate letter dated February 28, 2005. 151 KPMG LLP, a U.S. "ted WgAty PAP, is the U.S. member firm of O%iG WwrwbwaL a Swiss COWW"". Agenda Item No. 16137 January 24, 2006 Page 14 of 40 This report is intended solely for the information and use of the Collier County, Florida Board of County Commissioners, management, and federal and state awarding agencies and pass - through entities, and is not intended to be and should not be used by anyone other than these specified parties. February 28, 2045 152 /P KPMG LLP Suite 1700 too North Tampa Street Tampa, FL 33602 Agenda Item No. 1687 January 24, 2006 Page 15 of 40 Independent Auditors' Report on Compliance With Requirements Applicable to Each Major Program and on Internal Control Over Compliance in Accordance With OMB Circular A -133 and Rules of the Auditor General Distinguished Members of the Board of County Commissioners Collier County, Florida: Compliance We have audited the compliance of Collier County, Florida (the County) with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A -133 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement, that are applicable to each of its major federal programs and state projects for the year ended September 30, 2004. The County's major federal programs and state projects are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to its major federal programs and state projects is the responsibility of the County's management. Our responsibility is to express an opinion on Collier County, Florida's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A -133, Audits of States, Local Governments, and Non Profit Organizations and Chapter 10.550, Rules of the Auditor General. Those standards, OMB Circular A -133, and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program or state project occurred. An audit includes examining, on a test basis, evidence about the County's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the County's compliance with those requirements.. . As described in items 2004 -2 and 2004 -4 in the accompanying schedule of findings and questioned costs, the County did not comply with the requirements regarding reporting and real property acquisition and relocation assistance that are applicable to its Community Development Block Grant. Additionally, as described in findings 2004 -6, 2004 -7 and 2004 -5, the County did not comply with the requirements regarding allowable costs and activities, reporting, period of availability, and subrecipient monitoring that are applicable to the State Project — State Housing Initiatives Partnership. Compliance with such requirements is necessary, in our opinion, for the County to comply with the requirements applicable to these programs. 153 KPMG LLP, a U.S. limned MWity pannership, is the U.S. mender firth of KPMG InternpoonaL a Swiss coopw"". Agenda Item No. 16137 January 24, 2006 Page 16 of 40 In our opinion, except for the noncompliance described in the preceding paragraph, the County complied in all material respects, with the requirements referred to above that are applicable to each of its major federal programs and state projects for the year ended September 30, 2004. The results of our auditing procedures also disclosed other instances of noncompliance with those requirements, which are required to be reported in accordance with OMB Circular A -133 and Chapter 10.550, Rules of the Auditor General and which are described in the accompanying schedule of findings and questioned costs as items 20041, 2004 -3 and 20045. Internal Control Over Compliance The management of the County is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs and state projects. in planning and performing our audit, we considered the County's internal control over compliance with requirements that could have a direct and material effect on a major federal program or state project in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on the internal control over compliance in accordance with OMB Circular A -133 and Chapter 10.550, Rules of the Auditor General. We noted certain matters involving the internal control over compliance and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over compliance that, in our judgment, could adversely affect the County's ability to administer a major federal program or state project in accordance with the applicable requirements of laws, regulations, contracts, and grants. Reportable conditions are described in the accompanying schedule of findings and questioned costs as items 20042, 2004 -6, 2004 -7 and 2004 -8. A material weakness is a reportable condition in which the design or operationn of one or more internal control components does not reduce to a relatively low level the risk that noncompliance with the applicable requirements of laws, regulations, contracts, and grants caused by error or fraud that would be material in relation to a major federal program or state project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, of the reportable conditions described above, we consider items 20042, 2004 -6 and 2004 -7 to be material weaknesses. This report is intended solely for the information and use of the Collier County, Florida Board of County Commissioners, management, and federal and state awarding agencies and pass - through entities and is not intended to be and should not be used by anyone other than these specified parties. March 10, 2005 AL 154 Agenda Item No. 16137 COLLIER COUNTY, FLORIDA January 24, 2006 SCHEDULE OF EXPENDITURES OF Page 17 of 40 FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2404 155 CFDA R/ Federal or State Grantor/Pass-Through Grantor Program Title CSFA t1 Grant/Comtract Number Expenditures corporation for National and Community Service Direct Programs: Retired and Senior Volunteer Program 94.002 02SRSFL078 f 65.865 Total Corporation for National and Community Service 65,865 Emvirommental Protection Agency Direct Programs: indirect Programs: Florida Department of Environmental Protection: State Revolving Fund 66.458 CS 120597100 216,360 State Revolving Fund 66.458 W WG I2059715L OI 831,424 State Revolving Fund 66.458 WWG 120597151, 02 13,623,313 Stake Revolving Fund 66.458 WWG12059715L 03 I,927,406 Total Environmental Protection Agency 16,596,503 Federal Emerremey Management Agcacv Indirect Programs: Florida Department of Community Affairs: Collier County Citizens Corp 81564 03- CC- 96.09- 21 -01 -429 5,853 Terrorism Annex Update 83.562 03- FT -IB409 -21-01 -341 74,157 HMPG Public Safety Retrofit 83.548 04-HM- 9409 -21- 15-001 63,140 Update Local Mitigation Strategy 83.548 04- HS- L+- 09 -21 -01 -204 13,929 Shelter Retrofit Corkscrew Middle School 83.548 04- HM - ?L- 09-21- 15-001 6,942 Total CFDA 84,011 Emergency Management Performance Grant 83.534 03 -BG- 04-09- 21 -01 -011 41,897 Total Federal Emergency Management Agency 205,918 United States Department of Agriculture Indimi Programs: Florida Department of Agriculture and Consumer Services: Forestry Stato Grant 10.662 Ochopec, Fire District 1,392 Forestry State Grant 10.662 Isle of Capri Fire District 2,897 Total CFDA 4,289 Florida Department of Education: School Breakfast 10.553 01 -0338 13,270 School Lunch 10.555 01 -0338 23,184 Summer Food Service Program for Children 10.559 04 -804 429,315 Total United States Department of Agriculture 470,058 (Continued) See accompanying notes to the schedule of expenditures of federal awards and state projects 155 Agenda Item No. 1687 January 24, 2006 Page 18 of 40 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS h FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004 U) 156 CFDA 8/ Federal or State Grantor/Pass Throe Grantor Program Title CSFA # GrasslCaatract Number £z nditures United States Department of Coatareree Direct Programs- Coastal Impact Assistance Pr 11,419 NA17072090 53,691 53,691 Total United States Department of Commerce United States Department of Fist sod Wildlife Indirect Programs: 3 Florida Fish and Wildlife Consavadon Commission 4l Lake Avalon Native Wetland Garden 15.631 i5.b31 4018136198 1448 - 40181 -03 -G 2,164 4,500 Exotic vegetation Removal Piese It 6,669 Told CFDA CR92 & US41 Exotics 15.608 4018130244 48,287 Artificial Reef 15.605 FWCC 02101 25,000 Exotic vegetation Removal 15.FFB 144540181- 984-021 315 80,271 Total United States Departawt of Fist sad Wildlife United Sates Department orHeslb sod Homes Services Indirect Programs: Florida Department of Elder Affairs - Area Agency on Aging for Southwest Florida, Inc.: Special Programs for the Aging- Title III, Part B - Grants for 93.044 OAA203.04 117,456 Supportive Services and Sailor Centers Special Programs for the Aging - Title III, Part B - Grants for 93.044 OAA203.03 60,056 Supportive Services and Savor Centers 177,512 . Total CFDA Special Pr for the Aging Title R Part C- t - Nutrition Services pee Program 8m6- 93.045 OAA203.04 27,192 20,818 Special Programs for the Aging - Titk III, Part C -I - Nutrition Services 93.045 OAA203.03 OAA203.04 28,139 Special Programs for the Aging - Title R Part C -2 - Nutrition Services 93.045 OAA203.03 19016 Special Programs for the Aging - Title III, Part C-2 - Nutrition Services 93.045 95165 Total CFDA National Family Caregiver Support - Title III -E 93.052 OAA203.02 OAA203.02 36,570 42,225 National Family Caregiver Support - Tide M -E 93.052 5 Total CFDA Florida Department of Revenue: 210,057 Child Support Enforcement 93563 . CC311 12 956_ Child Support Enforcement 93.563 HZF14 Total CFDA l.. Total United Slates Department of Health and Human Servkes (Conti wd) Q W U) 156 ►f Agenda Item No. 1687 e, JanPage 40 19 of COLLIER COUNTY, FLORIDA F SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS I FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2064 CFDA !!/ Federal or State Grantor/Poss -Throe b Grantor Program Title CSFA N Grant/Contract Number Expenditures Bureau of Justice Assistance: State Criminal Alien Assists Program 16.606 2002FO169FLAP 233,043 State Criminal Alien Assists Program 16.606 200lAPBBX0905 56,230 State Criminal Alien Assists Program 16.606 2000APBX0483 207,054 Total CFDA _ 496,327 Office of Justice Programs: Local Law Enforcement Block Grant 16.592 2002LBBX0347 115,349 Local Law Enforcement Block Grant 16.592 2003LBBX0032 109,599 Total CFDA _ 224,948 Indirect Programs: Florida Office of Attorney General: Victim of Crime Act (VOCA) 16.575 V2003 66,353 a Florida Deportment of Juvenile Justice: Civil Citation 16.523 CCO15 46,221 }} . F"a Department of Law Enforcement 1 Juvenile Court CosstaiDefeaue 16.579 04- J- J3-09 -21 -01-067 53,458 " Jovenik Arrest and Monitoring III 16.579 16.579 04- 04346 -21 -01-069 04- 04349 -21 -01.068 119,280 Total CFDA - 210,238 Department of Children and Families ?' STOP Valence Against Women Grants Program 16.56E LJ169 101,610 �r STOP DCF Total CFDA 16.588 LN016 37,500 139,110 DCA Operation Liberty Shield 16.007 04- iS- iP- 09 -21 -23 -101 22,305 Total United States Department of Justice 2,222,778 General Service Administration Indirect Programs: Florida Department of State Votes Education 39.011 Collier County 31,665 Total General Service Adaslaistraden 31,665 Denartment_of Homeland Security Indirect Programs: Florida Department of Community Affairs State Homeland Security Grant 97.004 05- DS- 2N4)9- 2I -01 -022 11,495 Hurricane Charley Hurricane Frances 97.036 FEW -DR- 1539 -FL 2,545,730 Hurricane Ivan 97.036 FEMA -DR- 1545 -FL 595,847 Hurricane Jean 97.036 FEMA- DR- 1551 -FL 55,321 = Total CFDA 97.036 FEW -DR- 1561 -FL 29,010 D 3,225 90E J Total Department of Homeland Security 3,237,101 n TOTAL EXPENDITURES OF FEDERAL AWARDS S 28,424,598 (Continued) 158 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004 Agenda Item No. 1687 January 24, 2006 Page 20 of 40 CFDA Kl Federal or State GrantorlPaas -nrou b GrantorProgrrsm Title CSFA if GranttContract Nomber Expenditures Affairs Preserve the Preserve - Florida Communities Trust 52,002 04- CT- 92 -03- F3 -A1 -073 $ 1,887,984 Emergency Preparedness and Assistance Trust Fund Hurricane Charley Hurricane Frances Hurricane Ivan Hurricane lean Total CSFA Total Florida Departmnt of Commasity Affairs eoartmeat of Elder ARai Area Agency on Aging for Southwest Florida, In: Home Care for the Elderly Home Care for the Elderly Total CSFA Commumity Care for the Elderly (FY05) Community Care for the Elderly (FY04) Total CSFA Alzheumees Disease Initiative Total Florida Department of Elder Affairs F new r r a of Enyiroamental Protection Beach Erosion Control Program Waste Tire Grant Bayview Park Petroleum Site Contamination Total Florida Department of Environmental Protection Florida Department of Fisk and Wildlife Artificial Roof Monitoring Total Florida Deparb—t of Fisk and Wildlife Florida Deoartmeat of Healtk and Reksbilitative Services EMS - Fitness WMD Equipment Mobile Data Terminals Total CSFA Emergency Medical Services County Award Total Florida Department of Health and Rebabilitative Services 159 52.008 03 -BG- 0409- 21 -01 -011 102,948 52600308 O5- PA- C"/r- 09 -21 -01 -864 84,770 52600308 05- PA- G%.09 -21 -01-044 4,775 52600309 05- PA- G=09-21 -01 -747 2,391 52600308 05- PA -E-09 -21.01 -201 20 91,956 2,082,888__ 65.001 HCE316.203.03 1,942 65.001 HCE311.203.04 2,391 4,333 65.010 CCE304.203.04 32.992 65.010 CCE302.203.04 171,755 204,747 65.004 AD1305.203.04 130 209,210 37.003 01-COI 214,691 37.015 WT 311 31,090 37.017 F3604 16•773 37.024 GC623 123,702 456,256 77.014 02 -017 64.003 M3114 64.003 M2033 64.003 M2019 64.005 03011 5,996 5,996 42,212 9,993 5,040_ 57,245 72,2W- .129,535 _ (Continued) COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004 Agenda Item No. 1687 January 24, 2006 Page 21 of 40 157 A M CFDA k/ Federal err State Gnntor/Paas -Throe b Grantor Pro rase Title CSFA 0 Grant/Coatraet Number Expenditures Malted States Department of Housing and Urban Develonment indirect Programs: Florida Department of Community Affairs: Community Development Block Grant 14.218 B- 04- UC- 12-0016 96,905 Community Development Block Grant 14.218 B-03- UC- 12-0016 1,633,350 Community Development Bock Grant 14.219 B-02 -UC -12 -0016 165,798 Community Development Block Grant 14.218 B- 01 -UC -12 -0016 Total CFDA 8,827 1,904,880 HOME HOME 14.239 M- 04 -UC -12 -0017 17,229 Total CFDA 14.239 M -03 -UC-12 -0217 — 183.791 201,020 Total United States Department of Horsing and Urban Development 2,105,900 United States Department orTraasoortation Direct Programs: Marco Taxiway - FAA 20.106 3 -12 -0142 -001 -2003 73,108 Immokalee Taxiway- FAA 20.106 3- 12- 0031 -002 - 2003 50,666 Everglades Taxiway - FAA 20.106 3-12. 0021 -001 -2003 73,455 Total CFDA _ 197,229 Indirect Programs: Florida Department of Transportation: Paved Shoulders Highway Planning and C 20.205 AL 310 508,334 Highway Planning d; Construction 20.205 PL- 0313(41) 146,932 Bridge 20.205 PL- 03I3(42) 57,096 Davis Blvd Reememts Blvd Resurfacing 20.205 AN 093 200,000 T Total CFDA 20.205 AN 996 167,178 1,079,540 Section 5303 20.505 AM 356 13,317 Section 5307 Section 5307 20.507 FI.90- X508 -00 458,597 Section 5307 20.507 FL. -90- X456 -00 67,507 Total CFDA 20.507 FL-90-X492 236,E97 765,001 Immokalce Circulator 02103 20.509 AM 357 123,074 Total United States Department of Transportation 2,178,161 gaited States Department of Jnatice Direct Programs: Office of Community Oriented Policing: COPS Universal Hiring Program 16.710 2002ULWX0070 523,458 COPS MORE 02 COPS in Schools 16.710 20D2CLWX0035 144,893 COPS in Schools 16.710 2002SUWX0661 389,449 COPS in Schools 16.710 2000SHWX0839 139,051 Total CFDA 16.710 2001 SHWX0581 420,425 1.617,276 (Continued) 157 A M Agenda item No. 1687 January 24, 2006 Page 22 of 40 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004 CFDA N/ Federal or State Grantor/PawTkrough Grantor Promm Title CSFA N Grant/Contract Number Expenditures Florida Department of Juvenile Jns<ice 455,863 Transportation Disadvanbecd 60.016 H9005 491,400 DRILL Aftercare 80.017 H9005 875,948 DRILL Residential 30.006 DP -327 111,907 Juvenile Delinquent and Gang 55.004 ALA61 19,806 t 1,479,255 Total Florida Department of Juveai7e Justice ANK 47 4,748 — Florida DepartmeatofState 55.004 AM279 4,147 45.020 02- 02 -02 142,591 Immokslee Branch Library Marco Land Acquisition 55.004 AH528 45.029 Collier County 16,250 Voter Education AL 526 149 Mitigation 45.030 04 -ST -11 247,842 State Aid to Libraries 45.030 03 -ST-09 128,338 State Aid to Libraries Total CSFA 376,180 Total CSFA 305,565 _ 55.010 45.310 03- ISTA- C406 -0 7.498 Summer Library Program 55.014 AJ $47 43,209 Customs Facility - Fast Track 542,519 Total Florida Department of State Golden Gate Parkway Widening /Overpass 55.022 Florida Housing Finance Goemiuiou j 52 901 FY OS 46,018 State Housing Initiatives Partnership Program 52.901 2,374,323 State Housing Initiatives Partnership Program 2,420,341 Total CSFA ()Mee of the State Court Administrator 52.023 04-CP- 11409- 21 -01 -023 9,041 Hazardous materials Ana -lysis Collier County 9 2,429,382 Total Florida Bossing Finance Commission Total Office of the State Court Administrator Florida Departme -1 ofTrsasportatioe 88,662 Trip da Equiptment Grant 55.001 55.001 ANN43 AL 952 455,863 Transportation Disadvanbecd 544,525_ Total CSFA Transportation Disadvantaged Planning Grant 55.002 AM122 12,127 55.004 ALA61 19,806 t Marco Migration Phase 1 55.004 ANK 47 4,748 Conceal ERP 55.004 AM279 4,147 Rehab R/W 15-33 Lights (I?) 55.004 Al 011 321 Marco Land Acquisition 55.004 AH528 1,760 Everglades South Aircraft Turn Cwt 55.004 AL 526 149 Mitigation 55.004 AG394 1,720 Everglades North Turnout 32651 Total CSFA 305,565 State Block Grant 55.010 AM350 55.014 AJ $47 43,209 Customs Facility - Fast Track 2 918 419 Golden Gate Parkway Widening /Overpass 55.022 413015 -1 -58-01 j 3 856,996 = Total Florida Department of Transportation ()Mee of the State Court Administrator State Court Grant - Article Y 22.003 Collier County 9 9 710 Total Office of the State Court Administrator (Co- tinned) f 160 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004 Agenda Item No. 1687 January 24, 2006 Page 23 of 40 Federal or Starr GnntarlPaas -Throw k Grantor Pro ram Title CFDA N/ CSFA N GrantfCoutnet Number Ex ditures Oftia orthe Department ofCkiidrea aad Family State Challenge Grant - HMIS Collier County Hunger & Homeless 60.014 HEZ09 82,5W Total Office of the Department of Children and Family 82,500 Office of the Department of Mena emeat Services Wirelkss 411 72.001 Collier County 425.647 Total Office of the Department orManagemeat Services 425,647 TOTAL EXPENDITURES OF STATE FINANCIAL ASSISTANCE S 1 t,709,894 161 Agenda Item No. 1687 January 24, 2006 Page 24 of 40 COLLIER COUNTY, FLORIDA NOTES TO THE SCHEDULE OF EXPENDTI'IJRES OF FEDERAL AWARDS AND STATE PROJECTS SEPTEMBER 30, 2004 NOTE 1— BASIS OF PRESENTATION The accompanying Schedule of Expenditures of Federal Awards and State Projects includes the Federal and State grant activity for Collier County, Florida and is presented on the modified accrual basis of accounting. The information in this schedule t presented in accordance ec on 215.97, Florida Statutes. Therefore, some amounts presented in this sschedule, may Non -Profit Organizations and Sect , differ from amounts presented, or used in the preparation of the basic financial statements. NOTE 2 — STATE REVOLVING FUNDS Reconciliation of State Revolving Funds expended to cash received during fiscal year 2004: Expenses reported on Single Audit Schedule $16,598,503 Reimbursements received for prior year expenses 4,942,336 Less current year' expenses that have not been reimbursed (2,040,015) Administrative and planning allowances drawn 1,146,647 Total State Revolving Fund reimbursements received $20,647,471 NOTE 3 — SUBGRANT AWARDS The following subgrant awards were made by Collier County during fiscal year 2004: Program Title CFDA/CSFA Number Subgrant Amount $1,112,167 Community Development Block Grant 52 14.218 218 222,000 State Housing Initiatives Partnership Program 162 Agenda Item No. 1687 January 24, 2006 Page 25 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 (1) Summary of Auditor's Results (a) An unqualified opinion was issued on the basic financial statements. (b} There were no reportable conditions or material weaknesses in internal control identified by the audit of the basic financial statements. (c) There was no noncompliance which is material to the basic financial statements. . (d) There were reportable conditions or material weaknesses in internal control over major federal programs and state projects. (e) An unqualified opinion was issued on compliance for the major federal programs and state projects, except for a qualified opinion on reporting and real property acquisition and relocation assistance for Community Development Block Grant and a qualified opinion on allowable costs and activities, reporting, period of availability and subrecipient monitoring for the State Housing Initiatives Partnership project. (f) There were 5 audit findings relative to the major federal programs and 3 audit findings for state projects. (g) Major programs/projects: Federal programs: CFDA#ICSFA# Environmental Protection Agency: State Revolving Loan Fund 66.458 U.S. Department of Housing and Urban Development: Community Development Block Grant 14.218 U.S. Department of Transportation: Section 5307 20.507 Highway Planning and Construction Cluster 20.205 Department of Homeland Security: Disaster Relief Funding 97.036 State projects: Florida Housing Finance Commission: State Housing Initiatives Partnership Program 52.901 Florida Department of Transportation: Golden Gate Parkway widening/overpass 55.022 State Block Grant 55.010 Office of the Department of Management Services: Wireless 911 72.001 Florida Department of Environmental Protection: Beach Erosion Control Program 37.003 Florida Department of State: State Aid to Libraries 45.030 Florida Department of Community Affairs: Preserve the Preserve — Florida Communities Trust 52.002 163 Agenda Item No. 1667 January 24, 2006 Page 26 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 (h) A threshold to distinguish Type A and Type B for federal programs and state projects was $852,741 for major federal programs and $300,000 for major state Projects- (i) The auditec did qualify as a low -risk auditee under Section 530 of OMB Circular A -133. (2) Findings Relating to the Basic Fiaandal Statements Reported in Accordance With Government Auditing Standards Nave. (3) Findings and Questioned Costs Relating to Major Federal Programs F uding 2004 -1 U.S. Department of Housing and Urban Development: Community Development Block Grant (CDBG), CFDA No. 14318 Criteria., vide reasonable assurance ensttt a that The County must have sufficient controls over expenditures-to Pro costs were allowable under the grant and supported by adequate documentation. Such controls would extend to the contractual agreements that govern these expenditures. Conditions: and the County Contractual agreements with CDBG subrecipients are executed by the County Manager Attorney. We observed letters from Housing Department staff extending termination dates of these contracts in a number of cases and increasing the value of one contract by $47,184 (an increase of 78% ). over the original amount Housing MNrtnmt staff do not have the authority to modify or extend Contractual agreements. We also noted that the termination date of most contracts was June 30, 2004. In a number of cases, however, this date contradicted the dates included in the "Work Schedule" in Exhibit A of the contract. One contract, for example, allowed reimbursement of wages for a period of one year. The contract was executed in November of 2003 and terminated less than 8 months later in June 2004. Questioned Costs: None. Context/Effect: The Housing Department is not following established controls in place as defined by the County with respect to contractual agreements. Cause: The Housing Department did not follow the policies and procedures set forth by the County in amending contractual agreements. Recommendations: We recommend the following: • Contract modifications must be approved and executed by authorized personnel only. 164 Agenda Item No. 1687 January 24, 2006 Page 27 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 • As part of the expenditure approval process, the reviewer(s) should ensure that contractual obligations are met. Expenditures should not be approved if the contract has terminated or if the expenditure exceeds the amount in the executed agreement. We recommend the Housing Department develop and formalize such a process in its policies and procedures. • Contract termination dates should coincide with dates included in the schedule of work. This will eliminate the need for many of the contract extensions. Management's Response: • Agreed. Subrecipient agreements are signed by the CDES administrator. (as the designees of the BCC by resolution); he had the authority to amend the agreements, extend contracts or reallocate funds. Amendments to prior year's agreements by staff reflected our internal policy which authorized the decisions to be made at a staff level. In the future, all such changes will be approved by the designated authorized persori(s). We will formalize policies and procedures that will dictate approval levels as proposed in the resolution to adopt the next Action Plan which is scheduled to go before the BCC in April 2005. During the expenditure approval process, the reviewer ensures that contractual obligations are met by site visits, comparing invoices to eligible activity listed in the agreement, matching the request for Payment totals to expenditures and balance ' sheets. Extensions have been granted for contracts that exceed the listed date of the agreement. All such actions are approved by the project manager and/or department director to provide an audit trail. Expenditures have never been approved beyond the amended termination date nor have they ever exceeded the amounts contained in the amended agreements. • CDBG regulations require that funding be expended in a timely manner. A timeline is included in the subrecipient agreement to ensure program compliance. Thus, all subrecipient agreements are written to expire on June 30'" of the following year. Subrecipient agreements are not finalized until we receive the final letter from HUD with the FINAL funding amount. Extensions, if any, arc granted on a case -by- case basis for six - months at a time, to be consistent with the schedule of work. Using June 30i° is an effective tool. Listing the program year date is a benchmark for subrecipients and project managers to gauge the remaining activities and develop a schedule of project completion. This allows assessment of the capability for completion and measurement of carry-over funding more adequately. This is one of the tools used to drive our rate of expenditures and has resulted in the timeliness ratio being exceptional and the second lowest of any CDBG entitlement recipient in the State of Florida. KPMG's Response: While KPMG agrees that CDBG funding must be expended in a timely manner, we do not believe that Collier County should use June 30°i as a contract termination date if the other dates in the contract (which are included in the "schedule of work') extend beyond June 30°i. 165 Agenda Item No. 16137 January 24, 2006 Page 28 of 40 COLLIER COLiM FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 Finding 20042 U.S. Department of Housing and Urban Development: Community Development Block Grant (CDBG), CFDA No. 14.218 Criteria: The County must provide reasonable assurance that reports of Federal awards submitted to the Federal awarding agency include all activity of the reporting period, are supported by underlying accounting or performance records, and are fairly presented in accordance with program requirements. Conditions: There were not sufficient controls in place to ensure that reports submitted to HUD met the above criteria. There was no formal review process associated with the HUD financial reports. We noted the following: The County's HUD year -end is June 30th of each year. As such, all HUD annual reports are filed as of this date. 'Mere was no reconciliation of balances reported to HUD with amounts included in the County's September 30, 2004 financial statements. • The begirming balance of unexpended CDBG funds (per IDIS report CO4PR26) did not agree to the ending balance from the prior year IDIS report The "unexpended balance" of CDBG fiords as of June 30, 2004 was a negative number, which is incorrect. The County still had unexpended CDBG funds from program years 2002 and 2003 as of this date. • The Federal Cash Transactions Report (FCTR) for the period 1/1/04 to 3/31/04 mistakenly reported HOME disbursements of $65,075 instead of CDBG disbursements of $583,095. We also noted that the ending cash balance on each quarterly report was zero, which indicates that the County was reporting IDIS disbursements and not actual cash disbursements per the general ledger. The ending cash balance would be negative in most cases since this grant is funded on a reimbursement basis. Questioned Costs: None. Context/Effect: The County does not have controls in place to ensure the accuracy of its Federal reporting. Cause: The Housing Department does not have sufficient controls in place to ensure reports are submitted accurately to HUD. Recommendation: We recommend the County investigate the above noted differences and make corrections to reports as necessary. We also recommend a written policy that establishes responsibility and describes the procedures for completion of all HUD reports. Supervisory review of reports should be included to assure accuracy and completeness of the data and information included in the reports. This review should be formally documented. The general ledger (or other reliable records for non - financial data) should be the basis for the reports. Reconciliations should be completed to document any differences. 166 Agenda Item No. 16137 January 24, 2006 Page 29 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings arA Questioned Costs Year ended September 30, 2004 R Management's Response: • A reconciliation between IDIS and SAP has been completed each month primarily for administrative funding. In response to this issue we will reconcile HUD's year ending June 30, 2004 with Collier County year ending September 30, 2004 and perform similar reconciliations for 2005 and beyond. Starting balance of the PR 26 report has been revised to coincide with the ending balance of the previous year. HUD's assistance will be solicited to schedule technical assistance to resolve this issue. Finding 2044 -3 U.S. Department of Housing and Urban Development: Community Development Block Grant (CDBG), CFDA No. 14.218 Criteria: When CDBG funds are used for rehabilitation, the grantee must assure that the work is properly completed (24 CFR section 570.506). This CFR reference includes the requirement to adhere to lead -based paint regulations. Condition: We observed documentation associated with the rehabilitation of one single - fancily home. The Housing Department did not perform a lead -based paint inspection on this property, in accordance with the requirements of 24 CFR, part 35. Questioned Costs: None. ContexVEffect: The County was not in compliance with all CDBG rehabilitation requirements. Total CDBG rehabilitation expenditures in FY 2004 were 521,418. Cause: The Housing Department does not have adequate controls in place regarding CDBG rehabilitation requirements. Recommendation: We recommend lead inspections of rehabilitation properties, as required by federal regulations. Prior to approval of homeowner eligibility for rehabilitation work, management should ensure compliance with this requirement. Management's Response. • A visual assessment was conducted on the property; it was freshly painted (interior and exterior) and in generally good condition. As a result of this inspection and per HUD guidance, no further lead abatement was required. A log in the file documented this task was completed. In the future the FAH Department will include a copy of Form 5.1 "Risk Assessment Building Condition Form" with each property file in addition to the currently used log checklist. 167 Agenda Item No. 1667 January 24, 2006 Page 30 of 40 _._ COLLIER COUNTY, (FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 • Lead inspections are conducted on all rehabilitation properties. All rehab staff have been trained and documents have been developed to verify unit conditions. Additionally, a lead based paint abatement, testing and inspection contractor has been registered with the County for those properties determined to need a full lead paint risk assessment. Finding 2004 -4 U.S. Departiment of Housing and Urban Development: Community Development Block Grant (CDBG), CFDA No. 14.218 Criteria: Requirements under the Uniform Relocation Act (URA) for a voluntary real property acquisition include the following (1) the County informs the owner in writing that it will not use its power of eminent domain to acquire the property if negotiations fad to result in an amicable agreement; (2) no specific site is designated for acquisition; and (3) the County gives the owner a written estimate of the fair market value of the property before entering into a contract for sale. Condition: Two parcels of real property totaling $275,000 were acquired with CDBG fiords through a subrecipier►t in 2004. There was no documentation indicating the County and/or its subrecipient informed these property owners that it would not use the power of eminent domain if negotiations failed. In addition, there was no documentation indicating the County and/or its subrecipient provided the owner with a written estimate of a fair market value of the property prior to entering into a contract for sale. Questioned Costs: None. Context/Effect: All significant real property acquisitions in fiscal year 2004 were reviewed. Cause: The Housing Department does not have the proper controls in place regarding relocation assistance. Recommendation: We recommend the County develop standard letters to send to property owners that incorporate the requirements of the URA. Letters should be developed for both voluntary and involuntary . acquisitions. Management level personnel should review and formally approve all significant steps in the property acquisition process. We also recommend development of a checklist for real property acquisitions, which lists the URA requirements relating to both acquisition of property and relocation of tenants. If relocation is not applicable, this should be clearly indicated in the file. We also suggest additional URA training for personnel involved in real property acquisitions. Management's Response: • A letter dated January 24, 2003 was sent to UCH informing them of their responsibilities regarding the Uniform Relocation Act (URA.) prior to acquisition. The County's sub - recipient agreement with UCH also states that they are to follow the requirements of the URA. A copy of this agreement and the letter 168 Agenda Item No. 1687 January 24, 2006 Page 31 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 was in the file. Follow -up monitoring will be done with UCH to determine whether they have complied with these requirements. Finding 2004 -5 U.S. Department of Housing and Urban Development: Community Development Block Grant (CDBG), CFDA No. 14.218 Criteria: Costs that benefit more than one funding stream are considered to be indirect costs and must be allocated to the various grants benefited in a reasonable and consistent manner. The methods used to allocate indirect costs should be documented and supportable. Condition: Salary and salary- related costs for two staff members was allocated between CDBG and another grant. The allocation percentages used were not substantiated by supporting documentation in the form of timesheets or time studies that tracked actual time expended in each grant. Other staff members who were charged to one grant only, did not sign payroll certification statements indicating they worked solely on one grant. Questioned Costs. $40,813 Conte WEfjecf. We observed no other salaries allocated in this warmer. Cause: The Housing Department estimated the allocation of salaries. Recommendation: We recommend the department review the cost allocation guidance in OMB Circular A-87. Allocations must be based on underlying data rather than estimates and should be updated on a periodic basis. This includes allocations between various programs as well as those between program and administrative functions. Employees that work exclusively on one grant can sign a semi - annual statement to this effect. They would not be required to complete time sheets or time studies. Management's Response: • The FAH Department will semi - annually conduct a "two week" time study for each staff member to corroborate time distribution for the current six -month period. • The Financial Administration and Housing Director, Denny Baker, has his time and benefits for CDBG reimbursed to his main cost center by journal entry (JE) via memo to Finance with accompanying timesheets. 169 Agenda Item No. 1667 January 24, 2006 Page 32 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 (4) Findings and Questioned Costs Relating to Major State Projects Finding 2004 -6 State Housing Initiatives Partnership (SHIP) Program Criteria: Grant expenditures must be supported by adequate documentation and be allowable under the grant. Condition: We selected 40 expenditure items to ensure that costs were allowable under the grant and supported by adequate documentation. We noted the following exceptions: • An expenditure of $ 13,100 was recorded twice in the general ledger. This item was only paid once. • An expenditure of $200,000 was mistakenly paid using SHIP funds. • An expenditure of $68,000 was mistakenly paid using SHIP fimds. Questioned Costs: $268,000 The County has since reimbursed the SHIP program $268,000 to correct the improper payments. Context/Effect: The controls in place over grant expenditures did not of actively prevent duplicate or improper payments. Cause: The County does not have proper review procedures in place over expenditures. Recommendations: We recommend Housing Department personnel receive additional SAP training to ensure they understand the system controls and processes in place. Review of invoices should inchide verification of account coding. The Department should also review all expenditures posted to the general ledger on a monthly basis to look for mispostings or other errors. We recommend the Housing Department address the risk of duplicate expenditures and improper payment in its policies and procedures. Management's Response: The expenditure of $13,100 was correctly paid, but was improperly input into the SAP system. Additional SAP training will be taken to fully understand this new financial program. • The two expenditures of $200,000 and $68,000 were initially paid through the Housing Trust fund 191. The executive summaries which were approved by the Board of County Commissioners on November 18, 2003 and September 9, 2003 respectively, state that the initial f mding was paid by Fund 191 and reimbursed from cost center 634999 within Fund 191. The reimbursement has since been completed. There has been a transfer of $200,000 and $68,000 of funds from the Marco Island Inter -Local Agreement cost center into the SHIP cost center within the Local Housing Trust Fund. In the future, 170 Agenda Item No. 16137 January 24; 2006 Page 33 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 the monthly review of expenditures and segregation of funds will preclude any appearance of co- mingling of funds. • Monthly review of all expenditures posted to the general ledger (191 account) and verification of payments and account strings will be verified and given to the manager for review. Finding 20047 State Housing initiatives Partnership (SHIP) Program Criteria: Reporting: The County must submit an "Annual Report" or "Form SHIP- AR/99 -1" to the Florida Housing Finance Corporation by September 15 of each year. This is a report of its affordable housing programs and accomplishments through June 30th of the year immediately preceding submittal of the report. The report requires financial and participant data to be compiled and presented in various manners. Period of Availability: SHIP funds must be encumbered within 12 months from the end of the applicable State fiscal year. " Encumbered" means that funds have been committed by contract, or purchase order, letter of commitment or award in a manner that obligates the County to expend the encumbered amount upon delivery of goods, the rendering of services, or the conveyance of real property by a vendor, supplier, contractor, or owner. SHIP funds must be expended within twenty-four months from the end of the applicable State fiscal year. "Expended" means the affordable housing activity is complete and funds have been transferred from the local housing assistance trust fund account to pay for the cost of the activity. In all cases, this definition will apply when the project is completed as evidenced by documentation of final payment to the contractor and release of all lien waivers, issuance of the certificate of occupancy by the local building department, and occupancy by an eligible person or eligible household. Conditions: We noted the following: • The SHIP Annual Report for fiscal year 2001 -2002 included $978,208 of expenditures for "land acquisition with construction" costs. After further review by the Housing Department, they determined that only $417,000 of this amount should be reported as an "expenditure ", $366,000 should be reported as an "encumbrance" and the remaining amount is unencumbered. Because the 2001 -2002 report is for a closeout grant year, all funds must be fully expended. As such, the County does not meet the period of availability requirements based upon the reports filed. • The "land acquisition with construction costs" noted above were reported as a "homeownership" expenditure in 2001 -2002 report. These costs are related to rental housing and should not be reported as "homeownership ". • We were unable to determine if the income classification was correct on the above noted rental housing projects because the Housing Department had not obtained income certifications or data from these projects. • We noted several other minor errors in reporting. 171 Agenda Item No. 1687 January 24, 2006 Page 34 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 • There was not a formal process to reconcile expenditures per the SHIP Annual Report to expenditures in the general ledger. Questioned Costs: Not determinable. Context/Effect. led b the State The County is not in compliance with reporting nequirmmis of the SHIP program spec Y of Florida. The County does not meet period of availability requirements based upon the reports filed. Cause: are submitted The Housing Department does not have sufficient controls in place to ensure reports accurately. Recommendations: We recommend the County amend its SHIP Annual Report to correct the reporting errors noted above. The County should shift. eligible "expenditures" from other program years (either 2002 -2003 or 2003 -2004) to comply with "period of availability" requirements (e.g. expenditure of all 2001 -2002 finds). The Housing Department needs to develop effective reconciliation and review controls over the SHIP reporting process. Policies and procedures should be written to describe these controls and the entire reporting process. Policies should also address the manner in which data is compiled and documentation to be maintained. Documentation should be maintained to support all participant data in the report. The Annual Report and supporting schedules should also be formally reviewed and approved prior to submission to the State. Financial data relating to "earmarking" and "period of availability" requirements should be compiled and reviewed by management throughout the year. The reviews should be formally documented to indicate controls are in place and functioning as they relate to these compliance requirements. Management's Response: • The department will contact the Florida Housing Finance Corporation to correct expenditures in the 2001 -2002 close -out year and reallocate the expenditures to 2001-2002 to close out the fiscal year. This action will be coordinated with the Clerk of Court's Finance Department. • The land acquisition with construction costs related to rental housing shall be moved into the "rental, section of the annual report and removed from homeownership • The resubmittal of this report will clarify all other concerns. • Expenditures in the SHIP Annual Report for FY 2004 will be reconciled to expenditures in the County's general ledger. All future years will be similarly reconciled. 172 Agenda Item No. 16137 January 24; 2006 Page 35 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 Finding 20048 State Housing Initiatives Partnership (SHIP) Program, CSFA 52.901 Criteria: A pass - through entity is responsible for monitoring subgrantees to provide reasonable assurance that they expend grant awards in compliance with State and contractual requirements. For the SHIP program, rental units constructed, rehabilitated or otherwise assisted with SHIP funds must be monitored at least annually for 15 years or the term of assistance, whichever is longer, for compliance with tenant income and affordability requirements. Condition: The County has several rental housing projects that have been assisted with SHIP fiords. The Housing Department has not monitored these projects to determine compliance with tenant income and affordability requirements. There are no SHIP agreements for projects assisted in prior years. There was one SHIP - assisted project in 2004 and the County executed an agreement for this project. The agreement states that all beneficiaries must be very -low or low income, but it does not indicate the "period of affordability". Questioned Costs: UnImown. Conte;WEffect. The Housing Department is unable to document compliance with respect to the monitoring of subgrantees. Cause: The Housing Department does not have sufficient controls over monitoring subrecipients. Recommendation: We recommend .monitoring of rental housing projects on an annual basis as required. The Housing Department should establish written policies and procedures relating to the monitoring process and clearly communicate the required documentation to all subgrantees. We recommend the County execute SHIP agreements with subgrantees that received funding in previous Years- We also recommend a more detailed SHIP agreement, which specifies the period of availability and clarifies the documentation required for annual compliance with SHIP requirements (certifications of tenant income, certifications of the rent amount, property inspections, etc.) Management's Response. • The current sub - recipient agreements will be revised to include the period of affordability as required by SCFA 52.901 to include tenant income and affordability requirements. • The department will execute sub- recipient agreements for all four projects assisted in prior years. Monitoring will continue forward with each of these projects. T'he monitoring process and required documentation will be clearly communicated to each sub - grantee. 173 Agenda Item No. 1667 January 24, 2006 Page 36 of 40 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2004 • SHIP rule 420.9072 (9) FS states that projects receiving assistance from the local housing assistance plan and from other State or federal programs which may have conflicting verifications, certification and monitoring requirements, shall comply with requirements of the most restrictive program Every rental project assisted with SHIP funds has also received assistance from another State or Federal program with additional audit and monitoring requirements of their own. These outside monitoring reports will be required to be submitted to the County through sub- recipient agreements. 174 Agenda Item No. 1667 January 24, 2006 Page 37 of 40 Exhibit F — Federal Certifications and Assurances Agenda Item No. 16137 January 24, 2006 Page 38 of 40 Appendix A FEDERAL FY 2005 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE Name of Applicant: Collier Counter Board of CouMCommissioners X The Applicant agrees to comply with applicable requirements of Categories I - XV. —- (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: I. Certifications and Assurances Required of Each Applicant. II. Lobbying Certification III. Effects on Private Mass Transportation Companies IV. Public Hearing Certification for a Project with Substantial Impacts V. Certification for the Purchase of Rolling Stock VI. Bus Testing Certification. VII. Charter Service Agreement. VIII. School Transportation Agreement. IX. Certification for Demand Responsive Service X. Substance Abuse Certifications XI. Certification for a Project Involving Financing Costs XII. Certifications for the Urbanized Area Formula Program and the Job Access and Reverse Commute Program XIII. Certifications for the Elderly and Persons with Disabilities Program XIV. Certifications for the Nonurbanized Area Formula Program XV. Certifications for the State Infrastructure Bank (SIB) Program (Both sides of this Signature Page must be appropriately completed and signed where indicated.) Agenda Item No. 16137 January 24, 2006 Page 39 of 40 Appendix A FEDERAL FISCAL YEAR 2005 FTA CERTIFICATIONS AND ASSURANCES Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) Name of Applicant: Collier County Board of County Commissioners Name and Relationship of Authorized Representative: Norman E. Feder. Transportation Administrator BY SIGNING BELOW I, Norman E. Feder, on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2005. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2005. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq. as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature Name: Norman E.Feder Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY for Collier County Board of County Commissioners (Name of Applicant) Date: As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furtthe ore, if I b one aware of circumstances that change the accuracy of the foregoing statements, I will notify a ;�Z tly, which may so inform FTA. Signatu Date: Name: Teach. Assistant County Attorney Applicant's Attorney Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active capital or formula project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its PIN number in lieu ofthe electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney dated this Federal fiscal year. Agenda Item No. 16B7 January 24, 2006 Required for: Section 5311 Page 40 of 40 Exhibit I Section 5333(b) Assurance The Collier County Board of County Commissioners (hereinafter referred to as the "Recipient") HEREBY ASSURES that the "Special Section 5333(b) Warranty for Application to the Small Urban and Rural Program has been reviewed, and certify to the Florida Department of Transportation that we comply with its provisions and that all its provisions will be incorporated into any contract between the applicant and any sub - recipient which will expend funds received as a result of an application to the Florida Department of Transportation under the FTA Section 5311 program. Dated: _Norman Feder Transportation Administrator (name and title of chief executive officer) (signature of chief executive officer) Listing of Recipients, Other Eligible Surface Transportation Providers, and Labor Organizations Representing Employees of Such Providers, if any. 1 2 3 Labor Representing Other Eligible Employees of Providers, If Recipient Organization Project Description Transportation Providers any Identify Unions (and Identify Recepients of Cite Project by Name, Description and Provider Identify Other Eligible Surface Transportation providers) Representing Employees of Providers in Transportation Assistance under this grant (e.g. Recipient, or other Agency, or Contractor) Providers (type of service) column 1,2,and 3 To continue Rural Collier Area None Collier Co7Board County transit and Transit (Urban commissiparatransit in Transit Service) Collier County. The services will be provided through McDonald Transit Associates, Inc. (Federal funds requested, $147,582) 17 Agenda Item No 1688 January 24, 2006 Page 1 of 101 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number; IeB8 Item Summary; Recommendation to reject the bid for construction of Collier Boulevard Slx -Lane Improvements (Golden (Ate Boulevard to Immokalee Road), Bid No 05 -3881, (Pro)ect No 65061. CIE No 37) submitted by Better Roads.. Inc. Meeting Date: 1/2412006 9.00.00 AM Prepared By Gary Putaansuu Senior Project Manager Date Transportation Engineering and 111 212006 1 2:02:10 PM Transportation Services Construction Approved By Najeh Ahmad Director Date Transportation Engineering & 1/12/2006 1:11 PM Transportation Services Construction Management Approved By Lisa Taylor ManagementlBuciget Analyst Date Transportation Services Transportation Administration 1112!2006 4:29 PM Approved By Sharon Newman Accounting SuPervism Date Transportation Services Transportation Services Admin 1112/2006 4:47 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 1/12/2006 4:54 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1112120064:56 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admit 111 112 006 10:46 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/1112006 4:09 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Dare Transportation Services Transportation Services Ad min. 1117/2006 7:29 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/1712006 2:08 PM Approved By James V. Mudd County Manager Date Board of County Commissioners Cmm1y Managar's Office. 1117!2006 4:02 PM Agenda Item No. 1688 January 24, 2006 Page 2 of 101 EXECUTIVE SUMMARY Recommendation to reject the bid for construction of Collier Boulevard Six -Lane Improvements (Golden Gate Boulevard to Immokalee Road), Bid No. 05 -3881, (Project No. 65061, CIE No. 37) submitted by Better Roads, Inc. OBJECTIVE: To reject the bid for construction of Collier Boulevard Road Six -Lane Improvements submitted by Better Roads, Inc. in accordance with Bid No. 05 -3881. CONSIDERATIONS: The project was submitted for advertisement of bids on August 12, 2005. Bid notices were sent to 570 vendors and a well- attended non - mandatory pre - bid meeting was held on August 30, 2005. The original bid opening was delayed due to delays in permitting. A 30 -inch raw water main and construction of a greenway on the east side of the canal have been added to the project by addendum. Bids were opened on December 15, 2005. Only one bid was received. The total base bid by Better Roads, Inc., was $37,844,902.07, which is 63% above the Engineer's Estimate base bid of $23,197,300.65. When the pipe alternate is included, the bid becomes $41,660,349.07 which is 70% over the Engineer's Estimate of $24,411,180.65. The project will be reviewed for cost saving oportunities and advertised for bid again. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: The expansion of Collier Boulevard is identified on the AUIR (CIE No. 37) and is consistent with the Growth Management Plan. 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Fiscal impact is $60.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000 -236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. r Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the five accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $60.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution approving the five Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the five Satisfactions of Lien for the 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service Agenda Itern No 16C1 January 24, 2006 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. i6C1 Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste Item Summary: residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $60.00 to record the Satisfactions of Lien. Meeting Date: 1124/2006 9:00:00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 1 211 512005 10:49:01 AM Approved By Thomas Wide. Operations Director Date Public Utilities Public Utilities Operations 12/22/2005 2:55 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 121301200510:35 AM Approved By John A. vonkosky Utility Billing Director Date Public Utilities UBCS 12130f2006 12:29 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 116/2006 2:29 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1191200610:25 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/1111200610:28 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/12/2006 8:55 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1!12!2006 10:26 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 111 21200 6 1:46 PM Commissioners This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C1 January 24, 2006 Page 3 of 8 Property Folio No. 00061200001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Allen, Carston =& Debra PO Box 5039 Immokalee, FL 341435039 The Lien was recorded on the 8`h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 36 46 28 COMM NE CNR SECT 36, W2661.20FT, S992.93FT TO POB,S331.15FT, W332.37FT,N330.98FT TO POB 2.53 AC OR 813 PG 982 Folio No. 00061200001 Project No. 65000 Account No. 291 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C1 January 24, 2006 Page 4 of 8 Property Folio No. 00135640005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Anderson, David & Annette PO Box 1522 Immokalee, FL 341431522 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 9 47 29 S 215FT OF W1/2 OF NE1 /4 OF SW114 OF NE1 14, LESS ELY 200FT .64 AC OR 1413 PG 2349 Folio No. 00135640005 Project No. 65000 Account No. 1672 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Agenda Item No. 16C1 January 24, 2006 Page 5 of 8 Property Folio No. 35753040007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Belyea, Donald F Gerald S Belyea 2001 43 Id Ter SW Naples, FL 341166476 The Lien was recorded on the 8`h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 29 LOT 10 OR 1929 PG 661 Folio No. 35753040007 Project No. 65000 Account No. 7359 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZACHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Agenda Item No. 16C1 January 24, 2006 Page 6 of 8 Property Folio No. 36382920005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Yousko, Daniel A =& Debra F 2201 52nd Ln SW Naples, FL 341166833 The Lien was recorded on the 8`h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 PART 1 BILK 218 LOT 14 OR 1584 PG 1315 Folio No. 36382920005 Project No. 65000 Account No. 10058 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _, day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency ROBERT ZACHARY CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Agenda Item No. 16C1 January 24, 2006 Page 7 of 8 Property Folio No. 62641960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Corner, Vernon C =& Doris W 637 95th Ave N Naples, FL 341082454 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 32 LOT 16 OR 1083 PG 1138 Folio No. 62641960000 Project No. 65000 Account No. 23210 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZACHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN Agenda Item No. 16C1 January 24, 2006 RESOLUTION NO. 2006- Page 8 of 8 -- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90 -30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000 -236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 291 10058 1672 23210 7359 This Resolution adopted this day of 2006, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN Agenda Item No. 16C2 January 24, 2006 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $170.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000 -237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the sixteen accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $170.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the sixteen Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the sixteen Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service I,--. Agenda Item No, 16C2 January 24, 2006 Page; 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C2 Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste -° Item Summary: residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $170.00 to record the Satisfactions of Lien. Meeting Date: 1124/2006 9 00.00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 1211512005 11:16:36 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 12116/20067:39 AM Approved By Thomas Wide. Operations Director Date Public Utilities Public Utilities Operations 12/22/2005 2:54 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 12J3012006 10:38 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 1213012005 12:31 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 119/200610:27 AM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 1/11/2006 10:26 AM Approved By Randy Greenwald Management(Budget Analyst Date County Manager's Office Office of Management & Budget 1112/2006 9:07 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1112,1006 10:33 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Data Board of County County Manager's Office 1/12/2006 1:58 PM Commissioners This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 3 of 19 Property Folio No. 00135640005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Anderson, David & Annette PO Box 1522 Immokalee, FL 341431522 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 9 47 29 S 215FT OF W1/2 OF NE1 /4 OF SW1 /4 OF NE1 /4, LESS ELY 200FT .64 AC OR 1413 PG 2349 Folio No. 00135640005 Project No. 66000 Account No. 1685 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 4 of 19 Property Folio No. 00768120002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Samudio, Antonio 15029 Oak Tree Dr Naples, FL 341148904 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 20 51 27 NW CRN SEC 20, S 209.84FT, E 272.35FT TO POB, S 135.OFT, W 60.OFT, N 135.OFT, E 60.OFT TO POB OR 1134 PG 2213 Folio No. 00768120002 Project No. 66000 Account No. 3515 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 5 of 19 Property Folio No. 23945657003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Medley, Timothy R PO Box 9554 Naples, FL 341019554 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BERKSHIRE LAKES UNIT # 4 LOT 19 Folio No. 23945657003 Project No. 66000 Account No. 4459 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 6 of 19 Property Folio No. 26530720009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Fergunson, Patricia R Nancy E Mills 4482 Burton Rd Naples, FL 341044766 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COCONUT CREEK UNIT 3 BLK B LOT 6 AND W 4FT OF LOT 7 Folio No. 26530720009 Project No. 66000 Account No. 5461 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form -- and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No_ 16C2 January 24, 2006 Page 7 of 19 Property Folio No. 30681240000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gonzalez, Margarite 1405 Apple St Immokalee, FL 341422128 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: EDEN PARK BLK 2 LOT 3 Folio No. 30681240000 Project No. 66000 Account No. 6460 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 8 of 19 Property Folio No. 35753040007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Belyea, Donald F Gerald S Belyea 2001 43RD TERR SW NAPLES, FL 341166476 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 29 LOT 10 OR 1929 PG 661 Folio No. 35753040007 Project No. 66000 Account No. 7809 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 9 of 19 Property Folio No. 36382920005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Yousko, Daniel A =& Debra F 2201 52" d Ln SW Naples, FL 341166833 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 PART 1 BLK 218 LOT 14 OR 1584 PG 1315 Folio No. 36382920005 Project No. 66000 Account No. 10906 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 10 of 19 Property Folio No. 36441800008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Siebold, Karen Jack F & Kathryn Bensen 5289 281h PI SW Naples, FL 341168001 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 7 BILK 243 LOT 18 OR 1362 PG 116 Folio No. 63441800008 Project No. 66000 Account No. 11154 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 11 of 19 Property Folio No. 39382880003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Schmidt, Kenneth M & Cheryl 211 18t' St SE Naples, FI 341179464 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 51 N 105FT OF TR 25 Folio No. 39382880003 Project No. 66000 Account No. 16434 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 12 of 19 Property Folio No. 39385760007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Martin, Dallas L =& Rhonda M 480 18" St SE Naples, FI 341179406 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 51 S 180FT OF TR 51 Folio No. 39385760007 Project No. 66000 Account No. 16463 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 13 of 19 Property Folio No. 62254880001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leal Jr, Abelino =& Sylvia A 5241 Mitchell St Naples, FI 341137867 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR LAKES BLK 6 LOTS 31 AND 32 Folio No. 62254880001 Project No. 66000 Account No. 24756 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 14 of 19 Property Folio No. 62264920003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Grant Jr, James Joseph 5409 Trammel St Naples, FI 341137862 The Lien was recorded on the eT' day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR LAKES BLK 15 LOT 3 OR 1523 PG 1622 Folio No. 62264920003 Project No. 66000 Account No. 25001 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _, day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 15 of 19 Property Folio No. 62641960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Corner, Vernon C =& Doris W 637 95" Ave N Naples, FI 341082454 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 32 LOT 16 OR 1083 PG 1138 Folio No. 62641960000 Project No. 66000 Account No. 25658 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 16 of 19 Property Folio No. 63505000005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dales, Dustin M 3586 Croton Rd Naples, FI 341044091 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES VILLAS BLK H LOT 11 + E 35FT LOT 10 Folio No. 63505000005 Project No. 66000 Account No. 27135 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _, day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 17 of 19 Property Folio No. 64920680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rice, Charles E Graciela C Gonzalez 1609 Lake Trafford Rd Immokalee, FI 341422605 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM EST LOT 8 OR 1468 PG 1838 Folio No. 64920680009 Project No. 66000 Account No. 27627 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C2 January 24, 2006 Page 18 of 19 Property Folio No. 68342560004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wilson, Roy G =& Susan E 68 Isle of Saint Thomas St Naples, FL 341149402 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PORT AU PRINCE LT 68 OR 1357 PG 491 Folio No. 68342560004 Project No. 66000 Account No. 29706 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No, 16C2 January 24, 2006 RESOLUTION NO. 2006- Page 19 of 19 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 1685 5461 10906 16463 25658 29706 3515 6460 11154 24756 27135 4459 7809 16434 25001 27627 This Resolution adopted after this majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of , 2006 after motion, second and BY: BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN Agenda Item No. 16D1 January 24, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommend approval and execution of the attached Utility Easement Agreement to Caribbean Venture of Naples, LLC. OBJECTIVE: Grant Caribbean Venture of Naples, LLC (Owner), the purchaser of Parcels 4 thru 9 and Parcel 13, shown on the attached aerial, a utility easement on a portion of Parcel 3. CONSIDERATIONS: The Board of County Commissioners (Board), at its November 16, 2004, meeting, Agenda Item 10B, approved using the Trust for Public Lands (TPL) to facilitate the purchase of the property housing the Caribbean Gardens and Zoo along with adjoining Fleischmann family landholdings. TPL was unable to negotiate a suitable price for the County, so TPL sold the County Parcels 1, 2, 3, 10, & 16 (consisting of 129.981 acres) for $41,500,000. TPL also sold the Owner Parcels 4 thru 9 and 13 for $22,000,000, and the Conservancy of Southwest Florida Parcels 11 and 12 for $4,000,000. Parcels 14 and 15 will be land banked by TPL for future conservation use or sale. The Board approved its purchase at the November 15, 2005, meeting, Agenda Item 10E. All three transactions closed on December 19, 2005. Within the deed to the County, TPL reserved unto itself, its successors and assigns an easement over the West 950 feet of Parcel 3 (shown crosshatched on the attached aerial) for access and egress to and from Parcels 4 through 9. These Parcels were then sold to the Owner subject to this easement reservation. Subsequent to execution of the Purchase and Sale Agreement by the Board and TPL for Parcel 3, the Owner advised TPL that it had failed to include in the easement reservation the ability to use the easement area for utility facilities as an alternative to or in conjunction with receiving utility service from Golden Gate Parkway. Owner and TPL requested that staff come back to the Board at a later date to request this additional right. The attached Utility Easement covers this request. The location of the utility facilities is subject to the County's prior written approval and such facilities can not unreasonably interfere with the County having access to its adjoining property. The County will not be receiving any compensation for this easement. The value of these additional rights is minimal. All related transaction expenses will be paid by the Owner. The attached Utility Easement Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: All cost associated with this transaction will be paid by the Owner. GROWTH MANAGEMENT IMPACT: This transaction is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board approve the attached Utility Easement Agreement, authorize the Chairman to execute the attached Utility Easement Agreement, and authorize the recording of the Utility Easement Agreement in the Public Records of Collier County. 10— PREPARED BY: Charles E. Carrington, Jr., Manager Real Estate Services / Facilities Management Department a ' .,.,p —�..,d a :•� r , i� �j��jj/�,, jIVI'Og e � r � 1 t .rqa • - ry - .. R��,�p, • a J LA,1 Agenda llem No. 16D1 January 24, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D1 Item Summary: Recommend approval and execution of the attached Utility Easement Agreement to Caribbean Venture of Naples, LLC, Meeting Date: 1;24'2006 9:0000 AM Prepared By Charles E. Carrington, Jr., SRNJA Real Estate Servtces Manager Dale Administrative Services Facilities Management V6/2006 9:41:11 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1!9!2006 3:51 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Armin, 1!10;200610:51 AM Approved By OMB Coordinator Atlministrative Assistant Date County Manager's Office Office of Management& Budget 1111/2006 11:46 AM Approved By Gary A_ Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1/11120 06 12:20 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1H2/2006 10:35 AM Approved By Will— D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 1/12/2006 3:43 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1113/2006 10:58 AM Naples Zoo — Parcel 3 Folio #61940320009 UTILITY EASEMENT AGREEMENT Agenda Item No. 16D1 January 24, 2006 Page 4 of 5 THIS EASEMENT, is made and entered into this day of January, 2006, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"), and CARIBBEAN VENTURE OF NAPLES, LLC, a Florida limited liability company, its successors and assigns, whose mailing address is 5801 Pelican Bay Boulevard, Suite 300, Naples, Florida 34108 -2709 (hereinafter referred to as "CVN "). WITNESSETH: WHEREAS, County by deed dated December 19, 2005, and recorded in Official Record Book 3950, Pages 2584 through 2587, purchased approximately 129.981 acres of land in Collier County, Florida, from The Trust for Public Land, a non - profit California corporation, a portion of which is described as: Lot 6 of Naples Improvement Company's Little Farms Subdivision, less additional road right -of -way for Goodlette -Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. WHEREAS, The Trust for Public Land reserved unto itself, its successors and assigns a non - exclusive easement for perpetual access and egress over the North 60 feet of the West 950 feet of the above described property; and WHEREAS, The Trust for Public Land did by deed dated December 19, 2005, recorded in Official Record Book 3951, Pages 3725 through 3728 convey unto the Grantee certain lands in Collier County, Florida, and assign therein to CVN its interest in and to said 60 -foot wide non- exclusive easement described in the preceding paragraph. NOW THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration paid by CVN, the receipt and sufficiency of which is hereby acknowledged, County and CVN agree as follows: 1. The foregoing recitals are true and accurate and are incorporated herein by reference. 2. County grants unto CVN a non - exclusive easement over the North 60 feet of the West 950 feet of Lot 6 of Naples Improvement Company's Little Farms Subdivision, as described above, for the construction, operation and maintenance of utility facilities, subject to the following terms and conditions: (a) CVN's use of this easement shall in no way interfere with or hinder the County's use of the 60 foot -wide easement area for ingress and egress to its adjoining lands. (b) The location of said utility facilities is subject to the prior written approval of the County, and CVN agrees to submit its site plan showing the precise location and nature of facilities to the Administrator of Collier County Public Services Division, or her designee, for her consideration and review. Agenda Item No. 161D1 January 24, 2006 3. The easement granted herein shall constitute an easement running with the land file 5 of 5 shall burden the lands described above. IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk WITNESSES: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Chairman CARIBBEAN VENTURE OF NAPLES, LLC By: LUXURY HOMES INVESTMENTS, LLC, Its Managing Member By: Name: Thomas H. Ouverson Title: Managing Member The foregoing Easement Agreement was acknowledged before me this day of January, 2006 by Thomas H. Overson, on behalf of Luxury Homes Investments, LLC, as Managing Member of CARIBBEAN VENTURE OF NAPLES, LLC, a Florida limited liability company. He is personally known to me or has produced as identification. WITNESS my hand and official seal this day of January, 2006. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial /Commission #:fif any) My Commission Expires: AWoved as to fors i legal sufficiency Assistant County Attorn Ellen T. Chadaell rr- Agenda Item No. 161D2 January 24, 2006 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve an entertainment contract with CDB, Inc. for $35,000 for a performance by The Charlie Daniels Band at the 8th Annual Country Jam Objective: To provide the public with a local festival featuring national music acts. Considerations: The 8th Annual Country Jam will be held March 10 and 11, 2006 at Vineyards Community Park. Staff has negotiated with CDB, Inc. for a Saturday night performance by The Charlie Daniels Band for $35,000. The contract includes provisions standard to the music industry, such as the provision of living arrangements and technical details such as lighting requirements. The County Attorney has reviewed and approved the contract. Fiscal Impact: Funds are budgeted in the appropriate fund center within the Parks and Recreation FY 06 budget. Anticipated revenue from Country Jam is S 135,000. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners approves the entertainment contract with CDB, Inc. and authorizes the chairman to sign. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 16D2 January 24, 2006 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16D2 Item Summary: Recommendation to approve an entertainment contract with CDB, Inc. for $35,000 for a performance by The Charlie Daniels Band at the 8th Annual Country Jam. Meeting Date: 1'24.2006 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1/1012006 2:31 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1110/2006 4:43 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 1111/2006 2:07 PM Approved By Steve Carrell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 1111120064:11 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/11/2006 4:22 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1)1212006 3:29 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Cffice of Management & Budget 1113/2006 2:24 PM Approved By James V. Mudd County Manager Date Board of County Manager's Office County Manage 1.1712006 1:43 PM Commissioners RIDER ATTACHED HERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO.2 THIS CONTRACT for the personal services of the musicians on the engagement described below is made OCT 12 05, between COLLIER COUNTY PARK & RECRFATION DEPARTMFNT /Steve Camell, Purchase Dir., hereinafter referred to as "PURCHASER ", and THE CHARLIE DANIELS BAND, hereinafter referred to as *ARTIST, wlosc sci- ices arc furnished by CDB, lac., hereinafter refcrted tow "PRODUCER ". It is mutually agreed between the parties upon all the terms and conditions herein set forth, including those oe the reverse side hereof entitled "Additional Terms and Conditions," as follows: 1. Place of Engagement: Vineyards Community Park 6231 Arbor Boulevard Naples, FL Scaling: 12,000(, S 18.00 Capacity: 12,000 Gross Potential: $216,000 Tax: O.000OD Net Potential: $216,OW (Not to exceed) Ovuloor show /Covered stage Rain or shine 2. DATE(S) OF ENGAGEMENT: Sat MAR 1106 - Ad Break: February 1, 2006 IBA Support The Charlie Daniels Band - to close - Number of Shows: I Time of Show(s): 8:00 PM Length of Each Show: 75 minutes 3. BILLING: (In a9 fasces of advertising) Artist shall receive 100% Sole Headline Billing 4. FULL PRICE AGREED UPON: Showrime R schedule appe.xitnwe. Ticket price upproumste and wbjeat to lunae- S 35,000 (7birty Five Thousand) FIAT GUARANTEE Purchaser to provide and pay for sound, fights, backline, and staging as required by Artist purchaser to contact Paula Szeigis at COB, Inc, at - 615 - 443 -2112 regarding all advertising. Artist agrees not to perform at any publicly advertised engagement within a 100 mile radius, 90 days prior to and 30 days following this engagement. Purchaser shall provide and pay for all terms and conditions contained in Artist rider attached hereto. All Accommodation and Travel arrangements are subject to PRODUCER's prior approval. Merchandising Rate(useil) f 010()0 Merchandising Rate(ncg) Artist Sells 5. All payments shall be 0000-N �� p paid by PURCHASER in US foe$ by CERTit3EY1rn^64 iE c.t:y>4{.ar, follows: a NO DEPOSIT is required. b. FULL PAYMENT in the amowt of 535,000 shall be paid to and in the name of the PRODUCER: CDB, ho. faro THE CHARLIE DANIELS BAND not later than immediately prior to the fuss performance. c. Earned percentages, overages and/or bonuses, if applicable, are to be paid to PRODUCER by GASH ONLY immediately following the last show. d In the event the FULL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or overages, and the actual gross boa office receipts from the engagement exceed the gross potential as slated in Paragraph 1. hereinabove, such amounts shall be paid in full to PRODUCER in CASH ONLY, immediately rollowing the last perftmmmee. ADDJ71ONAL TERMS AND CONDITIONS CONTINUED ON PAGE TWO, IN WITNESS WHEREOF, the parties hereto have here®o ad their names and seals to the day and year first above written. WILLIAM MORRIS AGENCY, LLC y -ALERT AND LITEPARY AGENCY - 1600 Division St., Suite 300 - Nas"le, IN - 37203 _ Telephone: 615.963.3000 - Faceimse: 815.903.309() RIDER ATTACHED HERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO.2 THIS CONTRACT for the personal services of the musicians on the engagement described below is made OCT 12 05, between COLLIER COUNTY PARK & RECRFATION DEPARTMFNT /Steve Camell, Purchase Dir., hereinafter referred to as "PURCHASER ", and THE CHARLIE DANIELS BAND, hereinafter referred to as *ARTIST, wlosc sci- ices arc furnished by CDB, lac., hereinafter refcrted tow "PRODUCER ". It is mutually agreed between the parties upon all the terms and conditions herein set forth, including those oe the reverse side hereof entitled "Additional Terms and Conditions," as follows: 1. Place of Engagement: Vineyards Community Park 6231 Arbor Boulevard Naples, FL Scaling: 12,000(, S 18.00 Capacity: 12,000 Gross Potential: $216,000 Tax: O.000OD Net Potential: $216,OW (Not to exceed) Ovuloor show /Covered stage Rain or shine 2. DATE(S) OF ENGAGEMENT: Sat MAR 1106 - Ad Break: February 1, 2006 IBA Support The Charlie Daniels Band - to close - Number of Shows: I Time of Show(s): 8:00 PM Length of Each Show: 75 minutes 3. BILLING: (In a9 fasces of advertising) Artist shall receive 100% Sole Headline Billing 4. FULL PRICE AGREED UPON: Showrime R schedule appe.xitnwe. Ticket price upproumste and wbjeat to lunae- S 35,000 (7birty Five Thousand) FIAT GUARANTEE Purchaser to provide and pay for sound, fights, backline, and staging as required by Artist purchaser to contact Paula Szeigis at COB, Inc, at - 615 - 443 -2112 regarding all advertising. Artist agrees not to perform at any publicly advertised engagement within a 100 mile radius, 90 days prior to and 30 days following this engagement. Purchaser shall provide and pay for all terms and conditions contained in Artist rider attached hereto. All Accommodation and Travel arrangements are subject to PRODUCER's prior approval. Merchandising Rate(useil) f 010()0 Merchandising Rate(ncg) Artist Sells 5. All payments shall be 0000-N �� p paid by PURCHASER in US foe$ by CERTit3EY1rn^64 iE c.t:y>4{.ar, follows: a NO DEPOSIT is required. b. FULL PAYMENT in the amowt of 535,000 shall be paid to and in the name of the PRODUCER: CDB, ho. faro THE CHARLIE DANIELS BAND not later than immediately prior to the fuss performance. c. Earned percentages, overages and/or bonuses, if applicable, are to be paid to PRODUCER by GASH ONLY immediately following the last show. d In the event the FULL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or overages, and the actual gross boa office receipts from the engagement exceed the gross potential as slated in Paragraph 1. hereinabove, such amounts shall be paid in full to PRODUCER in CASH ONLY, immediately rollowing the last perftmmmee. ADDJ71ONAL TERMS AND CONDITIONS CONTINUED ON PAGE TWO, IN WITNESS WHEREOF, the parties hereto have here®o ad their names and seals to the day and year first above written. ATTEST, CDB, Inc. FED ID 62. 0968963 I)ttRG1rfF RROCi{o-FltK BOARD OF COUrM'COM15M13SIONFtLS by: COLLIER COUNTY, FLORIDA Br CDB, Inc. Deputy Clerk g1. 17060 Cenhal Pike - - Lehsnon, IN 37090 -8019 ;ti'I9!C`i�c7) AT TiF!JP ^.f ;th�f) 62 -0968963 1129570 Assicta.t Coum1• Attontev Reivm all +.geed c—uxL to WILLIAM MORRIS AGENCY, INC.; Attend.. Wilson Agenda Item No. 161D2 January 24, 2006 Page 3 of 17 8. Whenavf'r the farm ' Foderation' it used herein N rhdl mean the American Federation of Musicians of the Oiled Stales and Canada. Whenever the term 'Local Lollar' to used herein it shaft mean the Local Union M Ile Federation with )uri 61"On aver the territory M which Vw engagement coveted by this contract le In be parformed. 7. No performance of the engagement shat be recorded. reproduced, or transmAted from the place of performance, in any manner a by any means whatsoever, in Me absence of a epec(fie wraen egnemant vath the Feoeratlah rWeihhp b end perNNng wch raeordrg, reproduction or transmiaeim. ' .. & N to expressh, understood by the parties hereto that nether are Federation, nor the Local Union are pelves b this om"d In an y capeally except as expressly prowilmd In 7 above, and therefore, neither the Federation nor the Local Union shat be table for the performance of broach d any Provision hereof. 9. A representable of the Local Union. or the Federation. shaft have access b the pace of erngagerr i nt covered by the comlect for purposes at communim" with are ARTIST(s) performing the engagement and the PURCHASER. ADDITIONAL TEMA$ AND CONDITIONS' 1. PURCHASER agrees to furnish and pay for st As own expanse (s) m is dale and at ore time of the performance(S) abixes-t ronsaned alt that Is necessary for the proper presentation of the entertainment Presentation, Including without Imitation a sultans theatre, hall, or auditorium, well- heated, ventlated, lighted, clean and in gad order. stage curams. property tuned grand PIMO(s) and public address system In perfect working oOrdwon Including microphones) In number end aueNty requIned by PRODUCER &-sing roans, as necessary slsGtier s and ante hands. at 1". soke6. house programs, sAAse+ss► . ap-W pinks, ushers, Neat sellers, &*at taken. appropriate and sufficient advertising N the Principe nowspapers, (b) on musk royalties In com iclbn w9h PRODUCERS sae of music. and N addlldn. the coeb of my ri sicians (Incsdmg Cmi racla) other then those fumtalherh by PRODUCER as part of PRODUCER's regular wmpeny, (c) M amusement laws, (d) if PRODUCER so requires. M necessary %dudes, electricians, stage hands and other personal for Igh" and dross rehearsals, and (a) all other Items and personnel, including bud not know to any and sI personnel, includlrg musicians. as they be required by any nosmol or beat u iom, required for the proper presentation of the mfertainment ProSsn atim hereunder, and my rehearsals therefore, except fix apse setts and persaawl whin PRODUCER herein specifically agrees to kwrA*. PRODUCER stint have the right to name the local music contractor and to approve are mi eldms hired locally. 2. in the event of "tress mat accident to ARTIST, or N in p dormeroe is prevented, rendered Impossible or kdessale by my met a regubaon of any public muahortty or bureau, clvA turniol, sage. epbemlc. Intmvp1lon in or delay of transportation services. war comonche or mmergemcies or any other similar or dissimilar reuse beyond the control of PRODUCER, it is understood and agreed that there shat by m claim for damages by PURCHASER and PRODUCER's obllgatiw. as to such performances shalt be deemed waived. in the s"m of such non- pedonrwnce for any of the reasons dated In this Paragraph," ARTIST is reedy, wlRng and able b perform, PURCI WEER has pay the full co mponsafton hwateder, otherwise. are monlee In my) advanced to PRODUCER hefehmder, shat be reamed on s pm -rate bests - 3. Inclemant weather rendering performance anposslie, tmaasible or unsde shat not be deemed a force ma)aute event and payment ot the agreed Upon compherrsadm s"II be made notwithstanding_ N PURCHASER" PRODUCER disagree as to whether rendition of perfomtance(e) is Inhpossble, infeasible, or unsold because of Inclement weather. PRODUCER's dolernihallon as b psrtormarrce shat Prevsl. 4. In the ever PURCHASER refuses or neglects to provide "of pre Items or to perform any of fts obligations heroin sated, an0lor fags to oaks my of roe payments as proNded herein. PRODUCER shaft have the right to mhnae b Perform this oorNad, shall retain any amounts owelmore paid to PRODUCER by PURCHASER and PURCHASER shaft remain table to PRODUCER for the agreed Price herein Be fo ti, In addition. a, on a before the date of wry sshedubd pertormenos, PURCHASER Mae fated, nsgbatad. or refused b Perform anY DDrlrsq wet my other P.1— b my, nsn a Visgs `eft, Or A the anmc l standing or rxedIt of PURCHASER has been Impaired or N In PRODUCER'S opinion wAstis aotory. PRODUCER shah have the dot to demand she payment of the guermtead compensation fadhwNh. N PURCHASER fans or relums to ranks woh payment forthwith, PRODUCER shah he" the right to cancel xis engagement by notice b PURCHASER to that effect, and to plain any amounts theretofore paid to PRODUCER by PURCHASER end PURCHASER whet remain liable to PRODUCER far are agreed price herein sal north. S. The entertainment presentation to be furnished by PRODUCER hereunder shall rsceba b" In such Order, form, size, and plomehmca as directed by PRODUCER in at advertising and publicity Issued by a under the contfd at the PURCHASER. ARmrs name of pkemss mlY rot t1e used as an endorsrtrwm or indication d use of any product m "rdce nor In connection with any corporate sponsorship a tie•up, commercial tie -up or merchandising without PRODUCER's prior written consent. - t. PURCHASER she" not Neat, nor shot It pert Diners to fecmd, broadcaster tsa ea a, photograph of otherwhe reproduce anti visual and/or audio performances hereunder, or any part thereof. 1. PRODUCER shall tie" Vhe exclusive right to aeft souvenir programs, belle books, photographs, records and any and ea types of merchardue molueng, but not ffinhsd to, adds% of clothing R.s. T•shirs. hats, etc.), postern. suckers. etc., m the premises of the Place(a) Of Performance without any participation In the Proceeds by PURCHASER subject. however, to conaraskin8ke s nqukemems, if my. t. Unless stpxdated to the contrary in -aing PURCHASER agrees that PRODUCER may cancel tha engagement hereunder without 1MAty by gwmg the PURCHASER notice thereof at vast thirty (301 clays prior to time commencement dabs of the mgagemmt hereunder PRODUCER whet aisa thew the eight to terminate this agreement without Aablily In the event PURCHASER falls b sign and rebm this contract within 10 clays. 9. PRODUCER chat hew exclusive control awn errs production, presentation and Perfonmance of the engagement hereunder Including, but not Nhi ed 1o, this rlaaft, means end methods ampinyed In Mining each obligation of PRODUCER hereunder In as reapscot. PRODUCER shall haw ins sots right as PRODUCER may see It, to designate and change at any tInw the Perform" personnel other than the ARTIST(s) spBdllcalty nmted heroin. 10. PURCHASER agrees (e) to cmhpy promptly with PRODUCER 'a r"raoaom as to stage Setdngs for the periarnanoe(a) hereunder, (b) that no Dworman; other than those to be fumtshed by PRODUCER heretmder will appear on or In connection with the engagement heourder, (c) mat rd SW90 seats ere to be sold or used without PRODUCER's prior wrMm consent, and (d) that the entertainment presentation will not be included in a subsonplm or Other type of series without the wrnfon consent of PRODUCER 11. N In agreed abet PRODUCER signs this conrao as an independent contractor and not aS an employee. This omireU aian not, in any way be co suued so as b create • partnership. or any kid of Joint undenakng or venture between the parties hereto, nor make PRODUCER Noble in whole or in pert for my obligation that may be Incurred by PURCHASER in PURCHASER's cesrymg curt any of the poAams noted or otherwise. 12. Nothing in one agreement dot require tine commission of any act contrary to low m to any rules or regulations of awry union, guld or siml ar body Miring Wedicllon _ she services and persomd to be furnished ay PRODUCER b PURCHASER hereunder. "there Is my co"M between arty Provision d this agreement and why Law, rule, or reguhebon, such low. ode a regulation � ellA novall and and agreement equf enromens of ecurtaabn(s �eMmey a��adlly to own aeon necessary to eliminate such conflict. PURCHASER agrees to comply erg of the said metedsh, footles and personnel to be furnished by PURCHASER. 13. In the evenl of any IncomWency between ft Provisions of this contract and the provisions of any riders. addends, exhibits many other attachments . he,. , the parties agree that the provisions most fovmzbte to PRODUCER and ARTIST shat coned. and lnaclen- S"Tanm+anar� PRODUCER of ART IST on bane" OLI -0`0 L'I'6' P i. tier m crap d ton ARTIST and7a PRODUCER. lndamntfl- and hods PRODUCER and ARTIST, W..sh"ve'r° MV rrvire.whtanvoe {vmtiphis employees. O111cess n e+d e9alnd tiny ins. dame +?+"'+h" at mg 1,sh, ataney's fees, in re cuned m suffered by or thate —d ages"! coon wiar a era a tssh/n ot air etnkn for personal l ury of propartY Qemege a otherwlse brought by Or 15. Wiliam M!xrfa Agency, tint. acts herein only as agent for PRODUCER and is not responsible for my act of commission or omiaelm on the Pan Of either PRODUCER, ARTIST, Or PURCHASER in I fAgency 3 thereof In my Nor ~ of Of aing om Agency. thn connection with,, a related b any ac (s) of commission PRODUCER will nerve a join WlNiem Morth Agency es a party y or anission of PURCHASER ARTIST. or PRODUCER. iii. This parties hest, an (c) prey not assigned m amended, supplmhame��+ed. a written except PRODUCER' (torment m willing signed b1'�pars°' The validity, cansmotlon and effect of this contract shat be govemed by the lows of the State of Tennessee. regardless of the pace of permrhrhama• THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO, AMW9WQWS`FR"W 44GRGB.+"�v The be= 'PRODUCER 'ARTIST: and *PURCHASER! as used harem man include and apply to are singular, tin Parrot, and b a190HWS Agenda Item No. 16D2 January 24, 2006 Page 4 of 17 Agenda Item No. 16D2 January 24, 2006 Page 5 of 17 THE CHARLIE DANIELS BAND CONTRACT RIDER The Charlie Daniels Band Office Revised 5:03:05 17060 Central Pike Lebanon, TN 37090 www.charliedaniels.com (615)443 -2112 (615)443 -3140 FAX PERSONAL MANAGEMENT David Corlew CDB, Inc. 17060 Central Pike Lebanon, TN 37090 615 -443 -2112, ext 1 l 51 fax: 615 -443 -3140 dgcbhr@ aol.com TOUR MANAGEMENT Bebe Evans CDB, Inc. 17060 Central Pike Lebanon, TN 37090 615 -443- 2112, ext 126/ fax: 615- 443 -3140 bebe@bebeevans.com BOOKING AGENCY Steve Hauser William Morris Agency 1600 Division Street/ Suite 300 Nashville, TN 37203 615 -963 -3347/ fax: 615- 963 -3090 shauser@wma.com PROMOTION/ PUBLICITY / ADVERTISING Paula Szeigis CDB, Inc. 17060 Central Pike Lebanon, TN 37090 615 -443 -2112, ext. 123/ fax: 615 -443 -3140 paulacdb @aol.com ROAD MANAGER/ PRODUCTION Jimmy Burton CDB, Inc. 17060 Central Pike Lebanon, TN 37090 office: 615- 746 -2244/ fax: 615 -746 -2179 jimmycdb@,,aol.com RECORD LABEL Blue Hat Records 615- 443 - 2112 /fax: 615- 443 -3140 NOTE: TECHNICAL INFORMATION CAN BE ACCESSED VIA THE INTERNET AT: www .charliedaniels.com/production Agenda Item No. 161D2 January 24, 2006 Page 6 of 17 INDEX Paae Advertising/Publicity/Promotion 2 Tickets 2 -3 Payment and Expenses 4 Taxes 4 Insurance Technical Requirements / Parking and Transportation 4 4 -7 Security 7 Merchandising 8 Dressing Rooms /Catering 8 -10 Force Majeure, Inclement Weather, Miscellaneous 10 -11 Sound Requirements 12 Rental Equipment List 13 Lighting Plot Available at www .charliedaniels,com/production Stage Plot, Input List & Monitor Setup Available at www .charliedaniels.com/production ADVERTISING / PUBLICITY / PROMOTION 1. All advertising, publicity and promotion is to read as follows: THE CHARLIE DANIELS BAND 2. Artist will receive 100% exclusive headline billing in all advertising, publicity and promotion for this engagement. 3. Artist's name or logo will not be used to sponsor or be associated with any other commercial production or company, and there can be no commercial signs, banners or advertising materials on or near the stage at any time during this engagement, unless requested or approved by Artist. 4. Purchaser will neither represent nor permit representation that this engagement is co- promoted or co- sponsored by any third party, commercial product or sponsor without the express permission of Artist. 5. Purchaser understands that no members of The Charlie Daniels Band may be committed for personal appearance or interviews without prior consent from Paula Szeigis. 6. Additional promotional merchandise is available through The Charlie Daniels Band office to Purchaser at cost for contests, giveaways and other promotions_ surrounding this engagement. Contact Paula Szeigis for price and availability. TICKETS �--° 1. All tickets must be printed by a bonded ticket printer �ndi EjARLIE DANIELS BAND logo when possible. Tickets must be pri rtist's authorized typeset logo, WHEN POSSIBLE, available from Th Be Daniels Band office. 2 No tickets will be sol seats located where stage and equipment obstruct normal eye -level viewing of n° ance. unless OBSTRUCTED VIEW is printed on tickets. Revised May 3, 22 ` 2 Agenda Item No. 161D2 January 24, 2006 Page 7 of 17 3. Purchaser will not discount tickets or offer tickets as a premium without first obta" tfig written consent of Artist. 4. Purchaser agrees to distribute no more that one percent (1 %) of total capa iq of facility as complimentary tickets to each performance. Press, radio and promotional personnel are to be covered with this allotment. Purchaser will provide Artist with.an exact list of complimentary distribution. 5. Purchaser will supply Artist with (40) Forty cornpi i=ntary tickets on date of engagement; any portion unused by Artist may be placed on ssalit' 6. The first five (5) rows of the facility must b:" sold to the general public and not held for special guest or committees. x 7. ALL TICKETS ARE TO BE TORN'T UPON ENTRY TO THE BUILDING and stubs retained for inspection by Artist's Rep/,KLL UNSOLD TICKETS MUST BE RETAINED AND AVAILABLE for counting xnd verification by Artist's Rep. A. Purchaser agrees xi have on hand, at the place of performance on the night of the show, all unsold tickets f'or counting and verification by Artist's Rep. Artist shall be compensated for the difi'erenoe"'between the number of unsold tickets on hand and the number of tickets printed �Ahown by printer's manifest. B. AillAicket stubs and unsold tickets must be retained by Purchaser for ninety (90) days from the date of this engagement, during which time Artist's Rep will have the right to inspect 'Purchaser's books and records to verify percentage payment. C. If Purchaser violated any of the preceding provisions, Artist will assume that Purchaser sold a ticket for each seat and standing room in the facility at the highest ticket price from which the hall was scaled. S. Purchaser will be liable for all lost, stolen or counterfeit tickets and under no circumstances will Artist assume a loss on these tickets. 9. TICKET COUNTS ARE MANDATORY AND SHOULD BE REPORTED WEEKLY BY PHONE TO THE CDB OFFICE. Purchaser must have current ticket counts available on a daily basis, in the event Artist's Rep. phones for count. 10. Purchaser agrees to send to the Artist a stating plan with ticket l2rize rmcak(s clearly indicated and a copy of the offi lest o the show at least two weeks prior to the date. Revised May 3, 2005 3 Agenda Item No. 16D2 January 24, 2006 Page 8 of 17 - PAYMENT AND EXPENSES 1. Both Artist talent payment and production (if Artist supplied production) payment will be paid at Artist's request prior to performance in the form of cash, certified check, cashier's check, university check or money order. Talent and production payment is payable to CDB, INC. CDB, INC. FEDERAL I.D. NUMBER IS: 62- 0968963 A. When artist makes arrangements prior to each tour for sound, stage lighting, Purchaser agrees to pay the amount specified on the face of the AFM contract for these services. B. In the event payment must be in the form of CASH, CDB will notify Purchaser one week prior to engagement. 2. For box office settlement and payment, Artist will need the followingu. _---- A. Original notarized ticket in B. Detailed boa tement. C. vats of expenses pertaining to this engagement. 3. In the event the terms for this engagement do not include Artist's percentage participation, it is agreed that non - participation is based on ticket prices and gross potential stated on the face of the AFM contract. Should gross receipts exceed those stated, Purchaser must pay Artist the difference between the stated gross potential and actual gross. 4. Purchaser agrees to famish Artist Rep. with a complete accounting of all expense a aura Artist Rep. to enter the box office at any time to inspect all reco 1is erlsti"rchases related to gross receipts for this engagement. A. Only expenses acco by legitimate notarized bills will be acceptable. HANDW ` E BILLS ARE NOT ACCEPTABLE. B. es of all bills are to be given Artist for Artist's files at time of settlement. 5. If purchaser has additional or greater experts in the expense breakeven voint R rases to determine the net will not be affected. 6. If an expense or the aggregate total is less than stated o . oiri establish net will be reduced acc n er no circumstances will the breakpoint or aggregate total o ses be increased at settlement. Facility capacity, ticket scale, gross potential and any local or state admission or income taxes which may be assessed Artist on monies earned from this engagement must be clearly stated on the AFM contract Rider C. TAXES I. No admission tax �sb�.ould be deduct ax o rice receipts netore computing percentages uch re duction stated on the face of the contract. Revised May 3, 2005 4 Agenda Item No. 161D2 January 24, 2006 Page 9 of 17 2. It is Purchaser's responsibility to inform Artist in writing, prior to tickets going on sale, of am local or this engagement. 3. A statement or copy of the applicab must be given to Artist Rep. at settlement. 4. Should Purc .. ail to inform Artist of said taxes, it will be the Purchaser's responsibility to Pa rd taxes at his sole cost and expense. INSURANCE Purchaser warrants and represents that he has and will maintain in force a liability insurance policy with a reputable insurance company licensed to do business in the state in which this engagement occurs and that this policy provides coverage of at least ONE MILLION DOLLARS ($1,000,000.) for Property Damage and Bodily Injury, including Accidental Death, to more that one person, ONE MILLION DOLLARS ($1,000,000.00) for Property Damages. 2. Purchaser warrants and represents that said insurance policy will name Charlie Daniels and C.D.B. INC., their authorized representatives, and employees as additional insured parties for the full period of this engagement, including all rehearsal and post production periods. 3. Purchaser indemnifies and agrees to defend and hold harmles annels and C.D.B. INC., their authorized representatives and em 3 rom all liability, claims demands, actions, damages, costs and ex at may arise from damage to or loss of property, or death because of dgement, not withstanding that said injuries, damages or incidents may be c y negligence of C.D.B. INC., their authorized representatives or employees. 4. Purchaser agrees that two weeks prior to this engagement, he will furnish the C.D.B. office a certificate of endorsement naming C.D.B. INC. for the above mentioned coverages. TECIFINICAL REQUIREMENTS / PARKING AND TRANSPORTATION j2C� 1'1�VA.r1LC TECHNICAL: Purchaser and/or Purchaser Rep. must be at the facility from arrival of Artist's production equipment through load -out. Rep. must have authority to make decisions on behalf of Purchaser. In the event the Purchaser and/or Purchaser Rep. is not present, Artist Rep shall have the authority to make decisions on behalf of Purchaser. 1. STAGE: Purchaser is to provide at his sole expense unless otherwise specified: A. Stage Size: 40 feet wide, 30 feet deep, not including sound wings. B. Sound Wings: 12 X 8 each side and same height of the stage. C. Stage Placement: 6 feet minimum clearance between stage and any side obstructions; 30 feet minimum clearance between stage deck and closest overhead obstruction. D. Access To Stage: Artist's equipment must be moved through a doorway at least 8 1/2 feet wide and 10 feet high, and cleared of all obstacles, including ice and snow. E. Construction: Stage and sound wings capable of supporting 125 lbs. per square foot and surfaces with smooth materials. Revised May 3, 2005 Agenda Item No. 161D2 January 24, 2006 Page 10 of 17 F. Stage front and the front and sides of sound wings completely covered, preferably with dark material. G. Toe Board: One, completely around stage and sound wings. H. Stairs: One set, with handrails and step lights, to be offstage USL and in place by stage call. 1. ALL OUTDOOR DATES MUST PROVIDE A STAGE ROOF THAT IS: L Self- supporting 2. 18 foot high clearance 3. Waterproof 4. Sufficiently durable J. For outdoor dates, there must be an adequate supply of a durable, plastic material to cover any equipment exposed to the elements in case of inclement weather. The cost of this material is at the sole expense of Purchaser. 2. HOUSE MIXING PLATFORM: A. Platform Size: 16 feet wide X 8 feet deep X 1 feet high. B. Location: IN HALL: Approximately 80 feet in front of stage center. IN THEATER: Approximately two -thirds toward rear, center stage (approximately four rows of ten seats each.) C. Equipment: One (1) 4 X 8 table and six (6) chairs. 3. BARRICADE: Solidly constructed, extending length offstage, no more that four feet high, four feet from stage, attached to the supporting structure of the main stage and sound wings. To be erected only after equipment set - up and removed immediately after show. 4. ELECTRIC: Sound: One (1) 100 amp per leg 110 volt, single -phase service within one hundred (100 feet of upstage left. Lights: One (1) 200 amp per leg 208 volt, three -phase service within one hundred (100') feet of upstage right. (Sound & Light power must be separate services) 5. LIGHTS: A. Stage Lights (see lighting plot) B. Spotlights: Two (2) super troupers. C. Intercom System: To be supplied by purchaser. D. House Lights: Artist will control all lighting House light operators are to work under direction of Artist. . E. Blackout: Provision must be made for blackout of all existing signs, scoreboards and work lights in facility. Revised May 3, 2005 6 Agenda Item No. 161D2 January 24, 2006 Page 11 of 17 6. STAGEHANDS: Total of eight (8), including loaders for load -in, set -up, tear down, and load- out.All of the above persons are to be able bodied, English speaking,. preferably union, adults. NO MINORS.. If a non -union crew is used by Purchaser, a drivers license or similar identification must be collected by Purchaser's representative before load -in begins. This measure is enforced to assure that the full crew will be available when, and for as long as, required. NOTE: If some unusual situation for load -in & load -out exists, (i.e.. staircases, freight elevators, or ramps) Purchaser shall make arrangements for additional manpower. SPOTLIGHT OPERATORS: Two (2) qualified and experienced, on headsets at show call. STAGEHANDS ARE NOT TO DRINK ANY ALCOHOLIC BEVERAGES AT ANYTRdE THROUGHOUT THIS ENGAGEMENT. 7. RUNNER: Purchaser to provide one runner to assist Artist's crew from Load -In through Load -Out, for internal transportation at Artist's discretion. The runner must provide, or be provided with a vehicle that can comfortably carry four (4) people. 8. OPENING ACTS: Opening Act Rep. must contact Bebe Evans or Jimmy Burton if they will require The CDB production (sound, lights, etc.) 9. PARKING AREA: Legal area, sufficient for one (1) 29 foot box truck and two (2) 45 foot buses; cleared at least one hour prior to stage call of all obstacles, including ice, snow and other vehicles. Area must be within fifty (50') feet of the backstage entrance or Artist must be notified. 10. GROUND TRANSPORTATION: Artist may require ground transportation to and from hotel and/or airport. Purchaser will be responsible for all ground transportation expenses. 11. OUTDOOR DATES: An adequate supply of visquene (or similar plastic covering) must be provided by Purchaser and be on site in case of inclement weather. SECURITY 1. GENERAL REQUIREMENTS FOR ALL SECURITY PERSONNEL: A. Must be at least 18 years of age. B. Must be hired specifically as security, not as stagehands, etc. C. Be paid employees and not working as a means of gaining entry to the show. D. Wear identifying T- Shirts, jackets, etc. E. Not possess any dangerous weapons, i.e., handcuffs, firearms, mace, knives or clubs. Revised May 3, 2005 7 Agenda Item No. 16D2 January 24, 2006 Page 12 of 17 2. Artist's Rep. reserves the right to demand immediate dismissal or replacement of any security personnel deemed not capable of performing their duties because of drugs or alcohol use, disruptive attitude or use of excessive force. 3. BACKSTAGE PASSES: A. CDB personnel will wear laminated passes allowing total access to facility. B. Artist's Rep. will issue dated stick -on passes to Purchaser, and will inform Venue Security Chief of access allowed with these dated passes. C. NO PASSES ORIGINATING FROM PURCHASER, VENUE, OTHER CDB SHOWS OR ANY OTHER SOURCE WILL BE VALID. 4. SECURITY ASSIGNMENTS: A. Tuning Room: Security person report to Artist Rep. one (1) hour after load -ln to provide security for tuning room only, and remain on duty until released by Artist Rep. Purchaser is solely responsible for property in CDB tuning and dressing rooms. B. Vehicle Security: One (1) armed officer provided from Load -In to Load -Out for security for CDB trucks and buses. C. Show Call: Minimum of six (6) security persons provided for protection of dressing rooms, backstage, stage and mixing platform. Call and release times per Director. D. Overnight Situations: If Artist performs two (2) or more consecutive nights, security guards must remain overnight on stage and in parking area until Artist's production crew arrives the following day. MERCHANDISING 1. Purchaser agrees that Artist has exclusive right to sell any and all merchandise bearing the name, likeness and/or performance of Artist i 2. Purchaser agrees that his security employees will make every effort to enforce Artist's Federation Injunction restricting sale of unauthorized "bootleg" merchandise. Artist has legal authority to confiscate all such merchandise. 3. Purchaser may buy merchandise from Artist at a reduced cost for promotion of this engagement. (See page 1) DRESSING ROOMS AND CATERING Dressing Rooms: Two (2) clean and comfortable rooms, for tuning and hospitality TUNING: six (6) upright folding chairs (no arms), full length mirrors, eight (8') foot table and private restroom facilities HOSPITALITY: eight (8) foot table, and four (4) chairs Revised May 3. 2005 8 Agenda Item No, 16D2 January 24, 2006 Page 13 of 17 FOOD: I. LUNCH: To be served 30 minutes before Load -In for twelve (12) people: Grilled Chicken and Grilled Hamburgers with buns Hot Soup - MUST HAVE! Fresh Green Salad (Mixed Greens!) with fresh vegetable toppings - MUST HAVE! (1) Variety pack of assorted dry cereals (1) Jar of Peanut Butter and (1) Jar of Jelly (Strawberry or Grape) Wheat Bread, Crackers, Condiments, Chips (1) Gallon of 2% Milk Coffee with condiments (2) cases of soft drinks, to include Coke and Mountain Dew GNC Vitamins: Vit C 1000 mg chewable/ Vit E 1000 units MultiMega Vitamins (COFFEE TO BE SERVED IN A CENTRAL AREA AND REPLENISHED ALL DAY) 2. DINNER Hot meal for twenty (20) people. Serving time and menu to be discussed in advance with Artist's production advance personnel. A. Please use china and metal silverware, NO PAPERPLATES, NO PLASTIC UTENSILS B. Local or Regional Specialties are welcome! 3. DRESSING ROOM: To be placed in Tuning Room one (1) hour prior to show time HOT COFFEE with cups, cream, sugar and sweeteners - MUST HAVE! (2) Cases of assorted soft drinks (4,42) 1 7 narl imnn -M hPPr RPr 1 c Racc D to ! + (1) Cork Screw 'a VN-JI mt_( 1`2. (2) Cases (24 small bottles) Spring Water (2) Six -Packs assorted juices (V -8, Orange, Etc.) and coffee with condiments (4) Quarts Gatorade any flavor (2) Dozen cloth hand towels 4. BUS CATERING: To be delivered to CDB Bus at approx 2:00pm day of show (1) 1/2 Gallon of 2% Milk (1) 1/2 Gallon Tropicana Original OJ (1) Pack EACH: Baloney, Ham, Turkey (1) Pint EACH: Chicken Salad and Tuna Salad (1) Package American Cheese slices (1) Loaf Wheat Bread (1) Frosted Mini Wheats cereal (2) Boxes of Nutrigrain Cereal Bars (1) Box Natural Microwave Popcorn Revised May 3, 2005 9 (2) (2) (2) (1) (1} (2) (1) (1} (1) Assorted boxes of lunch size chips Boxes of Little Debbie snack cakes Bags of miniature candy bars Box of ORBIT chewing gum Small jar of Miracle Whip Cases of small bottles of spring water (24 total) Case of assorted soft drinks, include 12 pack Diet Coke Can of Maxwell House Italian Roast Espresso Coffee Pack of 10 -cup coffee filters Agenda Item No. 161D2 January 24, 2006 Page 14 of 17 If Artist is to perform two (2) shows, discuss with Artist's production advance personnel regarding additional amounts of the above. FORCE MAJEURE L If Artist's performance(s) is rendered impossible, hazardous or is otherwise prevented or impaired due to sickness, inability to perform, accident, interruption or failure of means of transporation, act(s) of God, riots, strikes, labor difficulties, epidemics, earthquakes, any act or order of any public authority, and/or any other cause or event, similar of dissimilar, beyond Artist's control, then Artist's obligations with respect to the affected performance(s) shall be excused and Artist shall have no liability to Purchaser in connection therewith. 2. Provided Artist is ready, willing and able to perform, Purchaser s e o Art the full contract price plus any monies t Contract regardless of the occurrence of any of the n . For purposes of this provision, the term "Artist" shall include Artio-or any member thereof. INCLEMENT WEATHER 1. Artist's obligations hereunder shall be excused and Artist shall have no liability to Purchaser if Artist determines in good faith that their performance is (or is likely to be) rendered impossible, hazardous or is otherwise prevented or impaired due to inclement weather. 2. LIn such event (and notwithstanding anything to the contrary). Parch rti r � contsac price p us any p°rcentage monies called for in the Contract. MISCELLANEOUS Purchaser will permit no audio and /or visual recording broadcasting or telecasting of Artist's performance and without Artist's express written consent. Artist does not allow any still photos to be taken of Artist's performance unless prior permission has been obtained from management. A. Purchaser is responsible for insuring that no one in the audience is permitted to enter the facility with any means of reproducing Artist's performance. (Audio or Visual or Still Camera) B. Violators will be escorted from the facility and tape, film or disc confiscated. Revised May 3, 2005 10 Agenda Item No. 16D2 January 24, 2006 Page 15 of 17 2. Artist Rep. must be contacted prior to any stage announcements. Stage announcements must be completed no less that ten (10) minutes before show time. 3. Artist's performance is not to be interrupted by local curfew or building policies..,/ 4. Artist controls house lights. 5. Artist is not responsible for any injuries and/or property damages caused by this engagement. 6. In the event of breach of contract by Purchaser of any terms and conditions contained in this contract, Artist may cancel this engagement with no further liability to Purchaser. Purchaser will be obligated to pay the full contract price to Artist. 7. Artist reserves the right to cancel this engagement not later than forty-five (45) days prior to engagement by notice in writing to Purchaser at address given on the contract. 8. Purchaser warrants that he is of legal age and has full right to enter this contract. 9. It is understood that the ARTIST will be closing the show, unless otherwise specified on the face of this contract. 10. Artist reserves the right to approve all opening acts. SIGNATURES ACCEPTED AND AGREED: ATTEST: _ rnx'rc r rr r. BROCK. CI.rRK h :e Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By APPROVED AT TO FORM AND Y. �// AlIt Z_ :1 :!uTt Assistant County Attorney Return d signed contracts to WILLIAM MORRIS AGENCY, INC.; Attention Wilson BY: ARTIST DATE Fteas€d May 3, 2005 i � Agenda Item No. 161D2 January 24, 2006 Page 16 of 17 THE CHARLIE DANIELS BAND SOUND REO�UIREMENTS 1:01:05 FRONT OF HOUSE CONSOLE: The console shall have a minimum of forty (40) inputs, VCA's, eight (8) discreeet auxiliary sends. Preferred consoles are Midas XL3, or XL4, XL200, Heritage 3K, Yamaha PM4000, PM3500. Semi -pro equipment such as Peavey, Sunn, etc. is not acceptable. FRONT OF HOUSE PROCESSING: Effects processing shall consist of four (4) digital effects processors. Acceptable units are Lexicon PCM70, PCM80, 480L, Yamaha SPX1000, SPX990, SPX900, Eventide H3500, TC Electronics M5000, M2000. Dynamics processing shall consist of (10) compressorts. Acceptable units are Summit DCL200, DBX, Aphex, BSS or Drawmer. Noise Processing shall consist of eight (8) gates. Acceptable units are Aphex, DBX, Drawmer, BSS or Behringer. One (1) CD player and one (1) cassette deck are also required at FOH. MONITOR CONSOLE: The console shall have a minimum of forty (40) inputs and twelve (12) discreet monitor sends eachh switchable pre- or post - fader. Preferred consoles are Yamaha PM4000M, PM3500K Midas LX3, LX4, Heritage 3K or Ramsa WRS840 or SX -1. NOTE: The monitor console channels must be dedicated to CDB only. Provisions must be made for othher acts or artists unless otherwise discussed with CDB's Sound Engineer: MONITOR SYSTEM: There must be a minimum of nine (9) biamped matching wedges capable of a minimum of 115 dB @ 7 feet with no distortion. The drummer has a separate mixer at the drum riser for his ears that CDB will provide. CDB also carries a separate split snake that will be used for this mixer's 12 inputs. EQUALIZATION: Main PA equalization shall consist of two (2) 31 -band 1/3 octave graphic equalizers. Monitor equalization shall consist of twelve (12) 31 -band 1/3 octave graphic equalizers. Equalizers can eithher be inserted into the main and auxiliary sends or wired directly inline. Acceptable units are KT DN360, BSS and TC Electronics 1128 or comparable. MAIN SPEAKER SYSTEM: Four -way stereo system, capable of reproducing 30Hz to 20kHz, + / -3dB at 110 dB (A- weighted) SPL with no distortion at all seated areas. NOTES: CDB will provide all mics, mic stands, direct boxes and claws for our use only. The sound company must provide stage AC, sub - snakes and mic cables for CDB. Also two system technicians are required for set up, show and tear down. One technician will be required to operate as a monitor engineer during set up and CDB performance. CDB MUST HAVE AND WILL ACCEPT NOTHING LESS THAN 40 INPUTS FOR FRONT OF HOUSE AND MONITOR CONSOLES!!! NO EXCEPTIONS WILL BE MADE! CDB WILL NOT SHARE INPUTS WITH ANY OTHER ACTS ON THE SHOW. SEPARATE CONSOLES SHOULD BE PROVIDED FOR ANY OTHER ACTS ON THE SHOW. Bob Workman - CDB Sound Engineer cell: 615 -430 -3688 bobcat06O4 @aol.com Revised May 3, 2005 12 Agenda Item No. 16D2 January 24, 2006 Page 17 of 17 THE CHARLIE DANIELS BAND revised 1:09:05 EQUIPMENT LIST FOR RENTAL SITUATIONS ONLY ( This list is used when the band must fly or other logistical problems ) ITEMS REQUIRED - KEYBOARD (1) Roland 500 (1) B -3 Organ (1) Leslie 122 (1) Sustain Pedal (l) Adjustable drum throne ITEMS REQUIRED - GUITAR AMPS (1) 50 Watt Marshall Amps with 4 x 12 cabinet (4) Fender Twins (1) Eden 800 Bass Amp with (1) Korg or Toneworks, rackmount digital tuner, capable of a low B (1) Eden 4 x 10 Bass Cabinet (1) Eden 1 x 15 Bass Cabinet (5) Heavy Duty Tubular, Fret Rest Type Guitar Stands Note: Bring all necessary accessories such as patch cords, speaker cables, guitar cords, AC cables etc... (2) Barstools "FOR TUNING ROOM USE: (3) Small combo amps with(]) 12" speaker, i.e. Gorillas or Peavey Special 150 (1) Small Bass Amp ITEMS REQUIRED - DRUMS PLEASE USE GRETSCH DRUMS AND ZILDJIAN CYMBALS (1) Drum Riser 8'X8'X24" (1) 22" Bass Drums (2) DW 5000 Bass Drum Pedal (1) 16" Floor Tom (1) 14" HiHat Cymbal With Stand (1) 18" Floor Tom (3) 18" Medium Crash With Stands (1) 13" Rack Tom (1) 20" Heavy Ride With Boom Stand (1) 12" Rack Tom (1) 20" Pang (Chinese, no rivets) (1) 10" Concert Tom (1) Drummers Throne (heavy duty) (1) 5" Picolo Snare ALL NEW REMO PIN STRIPE HEADS ATTENTIONr r r r CDB MUST BE NOTIFIED IF YOU CANNOT PROVIDE THE TUNERS OR HEAVY DUTY GUITAR STANDS!!!! If you need to make substitutions or have any questions please contact: Jimmy Burton at (615) 746 -2244 or Bebe Evans at (615) 443 -2112, ext. 126 Revised May 3, 2005 13 Agenda Item No. 16D3 January 24, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Summer Food Service Program Grant in the Amount of $588,400 for FY 2006 Objective: To provide free nutritious meals during the summer to Collier County children living in disadvantaged neighborhoods. Considerations: The Summer Food Service Program is a grant funded by the United States Department of Agriculture Food and Nutrition Service and administered by the Florida Department of Education. The first application was approved by the State and BCC in 1982. From 1983 going forward the only requirement is that the BCC enter into a contract with the state of Florida to be an administrator of the Summer Food Service Program. The purpose of the program is to ensure that children can receive the same high quality meals during the summer as provided by the schools during the school year. The grant reimburses agencies that serve free meals to children eighteen years and under in neighborhoods that qualify. Neighborhood eligibility is determined by census income data or by the percentage of children who receive free and reduced meal service during the school year. All of Immokalee and Everglades City and many neighborhoods in the Naples area are eligible. Staff has successfully administered the Summer Food Service Program for the past twenty -two years in conjunction with the summer camp program. In 2005 the grant provided 98,329 breakfasts and 129,421 lunches for a total reimbursement of $444,415. This summer the program will provide an estimated 110,000 breakfasts and 140,000 lunches. School personnel prepare and deliver the lunches under the supervision of County staff. The County will be reimbursed based on the number of meals served and the costs of administering the program. Fiscal Impact: The program is budgeted under the FY 06 Food Grant Fund in the amount of $588,400. The State will reimburse the County for 100% of expenses. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: Staff recommends that the Board of County Commissioners approves the Summer Food Service Program grant and authorizes the chairman to sign the attached agreement. Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department r-- Agenda Item No, 16D3 January 24, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D3 Item Summary: Recommendation to approve the Summer Food Service Program Grant in the amount of $588,400 for FY2006. Meeting Date: 1/24/2006 9.00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1/10/2006 2:34 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1110/2006 2:58 PM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin, 1110120064:00 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 1/11;200611:50 AM Approved By Gary A, Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1,11/200612:49 PM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management & Budget 1/11/2006 4:38 PM Approved By Leo E. 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U 0 C F- g O .? cm F- D o to t) Q m C 9 cl >. O w ti n �� a � o L-" v 0 N m m a W O m U. CL N� W N m L-" v 0 N m m a W O m U. CL N� W N Agenda Item No. 16E1 January 24, 20QQ6 Page 1 of 4- EXECUTIVE SUMMARY Approve a budget amendment in the amount of $153,600 for upgrades to the Immokalee Government Center to accommodate the Clerk's back -up computer system OBJECTIVE: To have the Board approve a budget amendment that provides for upgrades to the Immokalee Government Center in order to accommodate the Clerk's back -up computer system. CONSIDERATIONS: The Clerk's Office is requesting air conditioning and electrical upgrades (including a generator that would provide emergency power to the entire facility) to the Immokalee Government Center in order to accommodate the installation of a back -up computer system in the event their main system failed. The installation of this system would allow a seamless transition for all of the Clerk's computer systems and programs in the event of a service interruption at the main government complex. If for any reason an interruption in service would occur, the Immokalee installation would act as a fail -safe system and would immediately assume operations without any delay or loss of data. Most importantly, in the event of an emergency requiring the shutdown of the main complex or portions of that complex, (Administration Building or Courthouse), this system would provide continuity of operations. This is a critical component to the Clerk's emergency operations / business recovery plan. These modifications would also allow for the Circuit and County Courts to have a fully operational court facility. Should the main government complex be damaged, resulting in a shut -down for any extended period, the Immokalee Government Center would be available for use. All court information, records, etc. would be available to personnel at that location. Chief Administrative Judge Hugh Hayes has given his support to having this option available to the courts. This system would benefit all occupants of the facility, including the Tax Collector. FISCAL IMPACT: The total cost of these upgrades is $153,600. Funds would be transferred from Fund 301 Reserves to General Building Improvements. The Clerk's funds are restricted to providing only the actual equipment that will be installed in this upgrade. Per Florida Statutes the Board must provide the facility and any upgrades to said facility for the Clerk of Courts. RECOMMENDATION; That the Board of County Commissioners approve a budget amendment as described within this summary in order to provide upgrades to the Immokalee Government Center for the Clerk's back -up computer system. PREPARED BY: Skip Camp, Director, Department of Facilities Management REVIEWED BY: Jay Cross, Executive Assistant, Clerk of Courts Agenda Item No. 16E1 January 24, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E1 Item Summary: Approve a budget amendment in the amount of $153,600 for upgrades to the Immokalee Government Center to accommodate the Clerk's back -up computer system. Meeting Date: 1;2412006 9:00:00 AM Prepared By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12128/20052:19:48 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12'28!2005 4:22 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 12129120D5 9:13 AM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 12129/20059:13 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/2005 5:34 PM Approved By Michael Smykowski Management & Budget Director Data County Manager's Office Office of Management & Budget 113/2D06 8:53 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1113120D6 12:10 PM Agenda Item No. 16E2 January 24, 2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve and execute the attached Lease Agreement with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, for temporary office space to house the Office of the Public Defender during construction of the new Courthouse Annex building at a first year's annual rent of $173,785.68 and relocation expenses of $63,000, Project 52004 -1. OBJECTIVE: To provide temporary office space for the Public Defender and staff during construction of the new Courthouse Annex. CONSIDERATION: The Public Defender's Office is currently located on the fourth floor of the Courthouse. In order to accommodate the addition of the new judges assigned to Collier County, staff is proposing to relocate the Public Defender temporarily (2 years) to offices located across the street from the Main Government Complex. This would provide accommodations for judges' suites, one courtroom and a hearing room. Eventually, the Public Defender's Office will return to the Courthouse Complex as they are tightly associated with the Courts and its functions. Costs for the 4`h floor renovations were anticipated and approved by the Board during the 2005- 06 budget process. Staff has secured an agreement with Palm Lake Investments, for approximately 9,290 square feet of office spaced located across from the Government Center within the Courtview Building, 2660 Airport Road. The lease term is for two years beginning March 1, 2006, with a provision for a one -year lease extension. The first year's annual rent is $173,785.68, which includes common area maintenance (CAM) charges, payable in monthly installments of $14,482.14. The annual rent for the second year and one -year extension will increase pursuant to the Consumer Price Index. The CAM will increase to reflect the property's actual operating expenses. The estimated cost for the tear -down, set -up and move of the Public Defender's office furniture and equipment will not exceed $28,000. The cost of the installation of telephone service will not exceed $15,000, and the installation of the computer systems is estimated to be $20,000. The landlord will provide the County with a $7,000 credit from the rent that will be applied to replace the office carpet. The County will be responsible for all costs pertaining to janitorial services, pest control, air - conditioner filter replacement, phone service, and electricity charges at the leased property. 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 $173,785.68, and associated moving expenses estimated at $63,000, will be paid from Fund 301, Cost Center 120435, Project 52004 -1. Agenda Item No. 16E2 January 24, 2006 Page 2 of 11 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 George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, approval any associated budget amendments and authorize the Board Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services / Department of Facilities Management Agenda Item No. 16E2 January 24. 2006 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E2 Item Summary: Recommendation to approve and execute the attached Lease Agreement with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, for temporary office space to house the Office of the Public Defender during construction of the new Courthouse Annex building at a first years annual rent of $173,785.68 and relocation expenses of $63.000, Project 52004 -1. Meeting Date: 112412006 9.00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 1/9/2006 1140:40 AM Approved By Charles E. Carrington. Jr., SR/WA Real Estate Services Manager Date Administrative Services Facilities Management 1/912006 3:17 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1/912006 3:60 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Atlministrative Services Admin. V101200611:19 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 111 112 006 11:48 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 1/17/2006 3:04 PM Approved By Michael Smykowski Management& Budget Director Date County Manager's Office Office of Management & Budget 1/17/2006 6:26 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1712006 6:58 PM Agenda Item No. 16E2 January 24, 2006 Page 4 of 11 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this 10° day of January , 2006, between George Veea. Tom Brown. Larry Martin and Jack Stanley AKA Palm Lake Investments whose mailing address is P.O. Box 10608, Naples, FL 34102, hereinafter referred to as "LESSOR ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE ". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2660 Airport Road, Naples, Florida, and 2666 Airport Road (units 9 & 10), hereinafter referred to as the "Demised Premises ", for the sole purpose of operating a government office. (See Exhibit Al & A2) LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of Two years commencing on March 1, 2006 and ending February 28, 2008. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same for one additional term of one year, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon Sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR LESSEE shall take possession of 2660 Airport Road on March 1, 2006 and rent shall be due commencing on the occupancy of that suite only. LESSEE shall then take possession of 2666 Airport Road (Units 9 & I0 - See Exhibit Al & A2) on April 1, 2006 and rent for that Suite shall commence as of the April 1, 2006 date. LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or holding rent LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt status. ARTICLE 3. Rent SEE ADDENDUM A 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 0 /30th) of the monthly rental multiplied by the number of rental days of such fractional month. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased as outlined in Article 4. ARTICLE 4. Renewal Term Rent Agenda Item No. 16E2 January 24, 2006 Page 5 of 11 In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in AR'T'ICLE 3 shall be increased for the ensuing one year renewal tern in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers- United States City Average, all Item -Series A (1982 — 84 = 100), United States Department of Labor had increased for the preceding year. However, in no event shall the annual minimum rent be less than 100% of previous years nor shall any yearly increase be greater than 109/6. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted bad no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. ARTICLE s. Other Expenses and Charges LESSEE shall pay all janitorial services, pest control and utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water; sewer and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall maintain the air conditioning filters within the Demised Premises. LESSOR shall be responsible for all elements of the maintenance and repair of the building and the Demised Premises not stated above, including but not limited to, plumbing, electrical and air - conditioning systems. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior 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 written rejection delivered by LESSOR to LESSEE regarding -said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE may proceed with alterations at LESSEE'S expense. 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 fimtre applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such LESSOR designated additions, improvements, alterations, fixtures and installations and return the premises in the condition that was upon occupancy which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7. Access to Demised ins LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral 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 provisions of this Lease Agreement, ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy some without the prior expressed 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 2 Agenda Item No. 16E2 January 24, 2006 Page 6 of 11 provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all titres. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective'ac 'on is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 10. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 11. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR 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 shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Adndnistration Building Naples, Florida 34112 ec: Office of the County Attorney ARTICLE 13. Surrender of Premises LESSOR: Palm Lake Investments c/o Colonial Square Realty, Inc. P.O. Box 10608 Naples, Florida 34101 LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 14. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR- LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 15. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Agenda Item No. 16112 January 24, 2006 Page 7 of 11 Radon is a uetmaliy occuedng radioactive gas that, when it has wauroulned In a building in sumdc t quamWes, may present health d8b to pessans who we c9osed to it ovor time, Levels of radon that moced federal and state guidelines have been fotuwd in bnMap in FlambL Additional infwwdon regarding radon and radon testing may be obtained from your County Public Hcaldt Department. ARTICLE 16. Effec ive Date Tws Lease Agreement sbAil become effective q= es®cation by both LESSOR and LESSEE. ARTICLE 17. 0m w 'Lois Lease Agmmcut sball be govanoed and cant sd m sccosdwoe w#t'lx the laws of the State of Florida IN Wrl*NE+SS WMWF, the parties hereto have herarmder set forth d= hands and Sail. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORMA ATTEST: DWIGHT E. BROCK, Clerk BY: BY. Deputy Clerk , Chairnum AS TO TBE LESSOR: DATED: ATTEST: wiw ,� nBy j rte" l�(_f'X hip (signsnae) !_-L"!_ print name WrrNF,SS (sigaatum) U P�ki ft we print awme Approved as to form soiTicieney: Aasista County Attorney 4 Agenda Item No. 16E2 January 24, 2006 Page 8 of 11 Addendum A THIS LEASE AGREEMENT entered into this 10" day of Januar , 2006, between. George Vega, Tom Brown., Larry Martin and Jack Stanley A.K.A. Palm Lake Investments whose mailing address is 2660 Airport Road Naples, FL 34112, hereinafter referred to as "LESSOR ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 39112, hereinafter referred as "LESSEE ". RENT SCHEDULE March 2006 First Floor Rent $ :,796.75 April 2006 - February 2007 First and Second Floor Rent $14,912.63 per me Rent adjustment will be made on March !It 2GO7. Additional rent will be adjusted within the first 90 days of the New year or the anniversary of this lease. Article 2C.A. OUIET ENJOYMENT_ Upon LESSEE'S paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on LESSEE'S part to be observed and performed hereunder, LESSEE shall have quiet possession of the Premises for the entire term hereof, subject to the provisions of this Lease. Article 20.B SIGNS LESSEE shall not place, erect or install any signs on any portion of the Premises nor allow to be erected or installed any signs, printed displays or show window lettering visible from outside the Premises wit:-nout the prior written approval of LESSOR. Article 2C.0 DAMAGE OR DESTRUCTION If the Premises or the building of which the same are a part are damaged by fire or other insured casualty and the insurance proceeds have been made available therefore by the hoider(s) of any mortgages covering the Premises, the damage shall be repaired by and at the expense of LESSOR to the extent of such available insurance proceeds provided such repairs can, in LESSOR'S sole opinion., be made within sixty (60) days after the occurrence of the casualty without the payment of overtime or other premiums. Until such repairs are completed the Base Rent shall be abated in proportion to that part of the Premises which is unusable by LESSEE in the conduct of its business, as determ'_ned in the sole discretion of LESSOR, except that there shall be no abatement of rent if any per -ion of the Premises are unusable for a period equal to one day or less. :f the damage is due to the fault or neglect of LESSEE or its employees, contractors, agents or invitees, there shall be no abatement of Base Rent. If the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance or if the insurance proceeds have not been made available or if in LESSOR'S opinion the repairs cannot be made within sixty (60) days, then LESSOR shall have the option: (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Base Rent will be proportionately reduced as herein above provided, or (2) give Notice to LESSEE at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such Notice, which date shall be no more than thirty (30) days after the giving of such Notice. In the event of giving such Notice, this Lease shall expire and all interest of the LESSEE in the Premises shall terminate on the date so specified in such Notice and the Base Rent, reduced by a proportionate reduction as herein above provided, shall be paid to the date of said termination. Notwithstanding anything to the contrary contained in this Article, LESSOR shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Article occurs during the last twelve months of the Lease or any extension thereof. Except as provided in this Article, there shall be no abatement of rent and no liability of LESSOR by reason of injury to or interference with LESSEE'S business or property arising from the making of any repairs, alterations or improvements in or to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein: providing, LESSEE'S INITIALS AgeViajtem No. 16E2 January 24, 2006 Page 9 of 11 however, LESSOR will always attempt to make any such repairs, alterations, or improvements in such manner as to cause minimal disruption to LESSEE'S customary business operation. LESSEE understands and agrees that LESSOR shall have no obligation to carry insurance of any kind on LESSEE'S furniture and furnishings or on any fixtures or equipment removable by LESSEE under the provisions of this Lease and that LESSOR shall not be obligated to make any repairs thereto or to replace the same. Article 20.D SALE BY LESSOR In the event of any transfer or transfers of LESSOR'S interest in the Premises or the Office Building, other than a transfer for security purposes only, the transferor shall be automatically relieved of any and all obligations and liabilities on the part of LESSOR occurring from and after the date of such transfer provided, however, that any funds in the hands of LESSOR at the time of such transfer, in which LESSEE has an interest, shall be turned over to the transferee and any amounts then due and payable to LESSEE by LESSOR under any provisions of this Lease shall be paid to LESSEE, it being intended 'hereby that the covenants and obligations contained in this Lease on the part of LESSOR shall, subject as aforesaid, be binding on LESSOR, its successors and assigns, only during their irrespective successive periods of ownership. LESSEE shall, upon request by LESSOR, provide an estoppel certificate to LESSOR in such form as LESSOR may reasonably request. Article 20.E BROKERS LESSEE warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this Lease except Colonial Square Realty, Inc. and it knows of no other real estate broker or agent who is or might be entit_ed to a commission in connection with this Lease. Any and all commissicns due will be paid by the LESSOR. Article 20.F ALLOWANCE LESSOR will provide LESSEE with a $7,000.OD carpet and paint allowance to be used at LESSEE's discresion. LESSOR will give LESSEE $3,500 per month (for first 2 months) as a rent credit. IN WITNESS WHEREOF, tae parties hereto have signed and sealed this Lease as of the day and year first above written. Witnesses as to LESSOR As of Witnesses as to LESSEE As of LESSEE'S INITIALS 2 NCO- LU O CO O - �- N O pO Z NO E i z)0 - C m t6 -0-,) C O Q WSwd �1MX3 Q' Z Q 0 Agenda Item No. 16E2 January 24, 2006 Page 11 of 11, EXHINT. awe �avov N7 Safe LO?�T COUTTZW MTIL Mr#- UN- 668 girpast load llapleso norids Agenda Item No. 16E3 January 24, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to ratify additions to, modifications to and deletions from the 2006 Fiscal Year Pay and Classification Plan made from September 18, 2005 through December 30, 2005. OBJECTIVE: For the Board of County Commissioners to ratify additions to, modifications to and deletions from the 2006 Fiscal Year Pay and Classification Plan. CONSIDERATION: Attached, as Exhibit 1, are additions to, modifications to and deletions from the County's 2006 Fiscal Year Pay and Classification Plan that were made between September 18, 2005 and December 30, 2005. The additions add management depth or develop and support new programs. The modifications result from a reorganization and the reevaluation of an existing classification. The deletions result from certain classifications becoming obsolete as a result of organizational realignments. FISCAL IMPACT: The results of this action will have a fiscal impact to the County for minimal salary adjustments which are absorbed by individual departments. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners ratify additions to, modifications to and deletions from the 2006 Fiscal Year Pay and Classification Plan. Agenda Item No. 16E3 January 24, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16E3 Item Summary: Recommendation to ratify additions to, modifications to and deletions from the 2006 Fiscal Year Pay and Classification Plan made from September 18, 2005 through December 30, 2005. Meeting Date: 1/24/2006 9:00.00 AM Prepared By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 12130/2005 7:42:08 AM Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 12130120067:41 AM Approved By Jean Merritt Human Resources Director Data Administrative Services Human Resources 1!612006 6:42 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1/10!200611:21 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1111/200610:41 AM Approved By Michael Snryk —ski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/11!2006 4:54 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1/12/2006 3:12 PM M C 't �O O rNfh O�t O 0 Z O C 0 U C C E Ld O C O O 0 O C E N C CU C (U N cU N N N N 0 > C m O Q! Q! W cU m Q N 4) O C: C O m C m CU O a O E O cn N c U f° c O .0 O U 0 0- m Q Q O U m W U C CU CD c N> O U C N F- N C O C O U U -0 r C p .E 3 O E F- CU .N to C -0 N 0 .N 0 M .N N E m (U O Z O m >, C m O Z m C C a� -6 C a� -0 -0 °> v o E Q E °� ° Q m O O O E o co co co CN 00 O E LO 00 coo ,.. 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M r C N �U L U a, H CO c CD LO d CA Q 0 Z W Q U U ED co c a, Q N C O cc a, 0 Agenda Item No. 16E4 January 24, 2006 EXECUTIVE SUMMARY Page 1 of 7 Recommendation to approve a General Release on behalf of Collier County Government in the matter of the State of New York versus Willis Group Holdings Ltd., Willis North America Inc. and Willis of New York Inc. (collectively "Willis ") in exchange for consideration in the amount of $2,852.43. OBJECTIVE: To receive approval of a General Release on behalf of Collier County Government in the matter of the State of New York versus Willis Group Holdings, Ltd., Willis North America, Inc. and Willis of New York, Inc. (collectively "Willis ") in exchange for consideration in the amount of $2,852.43 CONSIDERATIONS: The County utilizes Willis Group Holdings (a.k.a. as "Willis ") as its benefits brokerage and actuarial services company. In early 2004, the Attorney General of the State of New York and the Superintendent of Insurance of the State of New York commenced an investigation of the compensation practices of various national and multinational insurance brokers, including Willis, relative to the practice of receiving contingent commissions. Contingent commissions are commissions paid by insurance carriers to brokers based upon the amount of premium volume placed with the carrier by the broker. The general issues in the litigation involve the alleged steering of business toward certain insurance carriers in exchange for the payment of contingent commissions. The investigation by the State of New York broadened into an investigation of other business practices in the insurance industry. In late 2004, the Minnesota Attorney General commenced a similar investigation. In April, 2005 Willis entered into agreements with the New York Attorney General and New York Superintendent of Insurance and the Minnesota Attorney General resolving their investigation of Willis. The New York agreement established a $50 million nationwide fund for US clients and for any client serviced by a US office of Willis. The Minnesota agreement provided an additional $1 million to Minnesota clients. While the agreement between Collier County and Willis is a fee based agreement which forbids the acceptance of commissions unless permitted by agreement, clients who are eligible to participate in the $51 million fund (including Collier County), have received a notice of their eligibility to participate in the fund as part of the Settlement Agreement between the parties. Pursuant to the settlement agreement formula, Collier County is eligible to receive a total payment of $2,852.43. The General Release has been approved by the County Attorney's office as to legal sufficiency. Staff recommends the acceptance of the settlement amount. FISCAL IMPACT: Proceeds in the amount of $2,852.43 will be deposited into Fund 517, Group Health and Life Insurance. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board of Commissioners approve and authorize the Chairman to execute the General Release in the matter of the State of New York versus Willis Group Holdings, Ltd., Willis North America, Inc. and Willis of New York, Inc. (collectively "Willis ") in exchange for consideration in the amount of $2,852.43. PREPARED BY: Jeff Walker, CPCU, ARM, Director, Risk Management Agenda Item No. 16E4 January 24. 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E4 Item Summary: Recommendation to approve a General Release on behalf of Collier County Government in the matter of the State of New York versus Willis Group Holdings Ltd.., Willis North America Inc. and Willis of New York Inc. (collectively Willis) in exchange for consideration in the amount of $2,652.43. Meeting Date: 1/24/2006 9'00'.00 AM Prepared By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 11012006 11:05:49 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 1/11120068:55 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 1111/2006 12:32 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1/1112006 1:43 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management 8 Budget 1111/2006 3:20 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/1/2006 4:57 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1/12;2006 3:15 PM Agenda Item No. 16E4 January 24, 2006 Page 3 of 7 Settlement Agreement Information On April 7, 2005, Willis Group Holdings Ltd., Willis North America Inc. and Willis of New York, Inc. (collectively "Willis ") entered into a settlement with the Attorney General of the State of New York and the Superintendent of Insurance of the State of New York to resolve their investigations of certain insurance industry practices, including receipt of contingent commissions. A copy of the settlement agreement (called an 'Assurance of Discontinuance ") is available at www.willisfund.willis.com. The settlement involves no fines or penalties, and Willis admits no wrongdoing or liability. As part of the settlement, Willis agreed to distribute $50 million to certain U.S. policyholders of Willis. US Policyholder clients eligible to elect to receive a distribution are defined in the New York Attorney General's Assurance of Discontinuance as Willis's "U.S.- domiciled policyholder clients and policyholder clients who retained Willis's U.S. offices to place, renew, consult on or service insurance" with "inception or renewal dates between January 1, 2001 through December 31, 2004, where such placement, renewal, consultation or servicing resulted in contingent commissions or overrides recorded by Willis between January 1, 2001 through December 31, 2004." Our records indicate that Willis received contingent commissions or overrides in connection with insurance purchased by you or your firm through Willis or certain of its affiliates between January 1, 2001 and December 31, 2004. This makes you or your firm eligible to receive a distribution pursuant to the settlement. Settlement Funds As part of the settlement, Willis agreed to create a fund in the amount of $50 million (the "Fund "). The agreement required Willis to "calculate, in accordance with a formula-approved by the Attorney General, the amount of money each of the U.S. policyholder clients who retained Willis to place, renew, consult on or service insurance with inception or renewal dates between January 1, 2001 through December 31, 2004" is eligible to receive. This formula allocates the $50 million among U.S. policyholders according to the proportion of contingent commissions, if any, Willis earned related to the placement of their insurance. In some instances, we have used estimates because insufficient data were available to perform the calculation. The enclosed distribution statement sets forth the amount from the Fund to which you are entitled based on the formula approved by the New York Attorney General and Superintendent of Insurance under the settlement agreement. To participate in the settlement, you need not demonstrate that Willis violated any legal duty or that you suffered any injury or damages. The decision whether or not to participate in the settlement is entirely voluntary. If you elect not to participate, the portion of the Fund attributable to you will be distributed to other U.S. Policyholder Clients pursuant to the terms of the settlement agreement. Under no circumstances will any portion of the Fund revert to Willis. How to Participate You have until February 1 2006 to request a cash distribution from the Fund. If you elect to receive a distribution, you must sign the enclosed release form, which was approved by the New York Attorney General and Superintendent of Insurance as part of the settlement agreement. Signing the release means that you will not be able to assert claims covered by the release against Willis or any of its subsidiaries or affiliates. NY Agenda Item No. 16E4 January 24, 2006 Page 4 of 7 The Release The decision whether or not to participate in the settlement is entirely voluntary. As noted above, if you elect to receive a distribution from the Fund, you must sign and return the enclosed release by February 1, 2006. By signing the release, you will give up your right to pursue any claims covered by the release against Willis or its subsidiaries or affiliates. This includes giving up any right you may have to participate in putative class actions against Willis and numerous other companies currently pending in the United States District Court for the District of New jersey entitled In re Insurance Brokerage Antitrust Litigation, MDL No. 1663. These actions allege numerous violations of federal and state statutory and common law and seek various forms of damages and other relief. The release does not preclude participating policyholders from seeking relief from non - Willis entities or individuals. If you elect not to receive a distribution from the Fund, you will retain any rights you may have to pursue an individual or class action nainst Willis, its subsidiaries or affiliates. How the Money Will Be Distributed On March 10, 2006, Willis will pay each participating policyholder the amount to which that policyholder is entitled based on the calculation performed under the settlement. If money remains in the Fund after this distribution to participating policyholders, Willis may use the remaining money to satisfy the claims of non - participating policyholders. If any money remains in the Fund as of April 1, 2006, those funds will be distributed to participating policyholders - on a pro rata basis. As noted above, no portion of the Fund will revert to Willis. For More Information If you have questions about the settlement agreement, please call the Willis toll free number at 1- 866 - 428 -8017. You may also obtain information related to the settlement at www.willisfund.willis.com. This mailing includes the following enclosures: the release form, your distribution statement and the return envelope for the release form. Thank you. GENERAL RELEASE This RELEASE (the "Release ") is executed this — day of RELEASEE (defined below). DEFINMONS Agenda Item No. 16E4 January 24, 2006 Page 5 of 7 200_ by RELEASOR (defined below) in favor o. " RELEASOR" refers to COLLIER COUNTY GOVERNMENT and any of its affiliates, subsidiaries, associates, general or limited partners or partnerships, predecessors, successors, or assigns, including, without limitation, any of their respective present or former officers, directors, trustees, employees, agents, attorneys, representatives and shareholders, affiliates, associates, general or limited partners or partnerships, heirs, executors, administrators, predecessors, successors, assigns or insurers acting on behalf of RELEASOR. "RELEASEE" refers to Willis Group Holdings LTD and any of its subsidiaries, affiliates, associates, general or limited partners or partnerships, predecessors, successors, or assigns, including, without limitation, any of their respective present or former officers, directors, trustees, employees, agents, attorneys, representatives and shareholders, affiliates, associates, general or limited artners or partnerships, heirs, executors, administrators, predecessors, successors, assigns or insurers (collectively, `'Willis" �. "Assurance" refers to a certain Assurance of Discontinuance between Willis and the Attorney General of the State of New York ( "NYAG ") dated April 7, 2005, relating to an investigation commenced against Willis by NYAG. "Attorney General's Investigation" refers to an investigation into Willis's compensation practices commenced on or about April 21, 2004 by the New York Attorney General and resulting in an Assurance of Discontinuance pursuant to Executive Law § 63 (15) on April 7, 2005. RELEASE In consideration for the total payment of $2852.43 in accordance with the terms of the Assurance, RELEASOR does hereby fully release, waive and forever discharge RELEASEE from any and all claims, demands, debts, rights, causes of action or liabilities whatsoever, including known and unknown claims, now existing or hereafter arising, in law, equity or otherwise, whether under state, federal or foreign statutory or common law, and whether possessed or asserted directly, indirectly, derivatively, representatively or in any other capacity (collectively, "claims "), to the extent any such claims are based upon, arise out of or relate to, in whole or in part, any of the allegations, acts, omissions, transactions, events, types of conduct or matters that are the subject of the Attorney General's Investigation, except for claims which are based upon, arise out of or relate to the purchase or sale of Willis secuities. 2. In the event that the total payment referred to in paragraph 1 is not made for any reason, then this RELEASE shall be deemed null and void, provided that any payments received by RELEASOR shall be credited to Willis in connection with any claims that RELEASOR may assert against Willis, or that are asserted on behalf of RELEASOR or by a class of which RELEASOR is a membe>; against Willis. 3. This RELEASE may not be changed orally and shall be governed by and interpreted in accordance with the internal laws of the State of New York, without giving effect to choice of law principles, except to the extent that federal law requires that federal law governs. Any disputes arising out of or related to this RELEASE shall be subject to the exclusive jurisdiction of the Supreme Court of the State of New York or, to the extent federal jurisdiction exists, the United States District Court for the Southern District of New York. 4. RELEASOR represents and warrants that the claims have not been sold, assigned or hypothecated in whole or in part. Dated; RELEASOR Pratt Name Social Security Number/ Tax ID Number Xy Board of County Commissioners of Collier County, Florida By Frank Halas -bni rman Title Phone Number 00060'i 10- 7 -005448- NY -D30 Approved as to form and legal sufficiency: F HI C-8 cott R. Teach Assistant County Attorney Dated: ATTEST: DWIGHT E. BROCK, Clerk Agenda Item No. 1604 January 24, 2006 Page 6 of 7 //0 \, ƒc"IM E /n { \j } \ ¢ �r k / \ )M51-1 r f/2 � / \ \\ \)¢�§ S \sf� zz � �( _ ) /\ \ /3 \ \\ � _ \ _\\ \ )\ \\ £ // �� \ %) \� �\ \\ \_ \ \ / � 7: \ } \ �r k / \ )M51-1 r f/2 � / \ \\ \)¢�§ S \sf� zz � �( _ ) /\ \ /3 \ \\ � _ \ _\\ \ )\ \\ £ // �� \ %) \� �\ \\ \_ \ \ / � 7: \ Agenda Item No. 16E1 January 24, 2006 Page 1 of 2 EXECUTIVE SUMMARY Approve a budget amendment in the amount of $153,600 for upgrades to the Immokalee Government Center to accommodate the Clerk's back -up computer system OBJECTIVE: To have the Board approve a budget amendment that provides for upgrades to the Immokalee Government Center in order to accommodate the Clerk's back -up computer system. CONSIDERATIONS: The Clerk's Office is requesting air conditioning and electrical upgrades (including a generator that would provide emergency power to the entire facility) to the Immokalee Government Center in order to accommodate the installation of a back -up computer system in the event their main system failed. The installation of this system would allow a seamless transition for all of the Clerk's computer systems and programs in the event of a service interruption at the main government complex. If for any reason an interruption in service would occur, the Immokalee installation would act as a fail -safe system and would immediately assume operations without any delay or loss of data. Most importantly, in the event of an emergency requiring the shutdown of the main complex or portions of that complex, (Administration Building or Courthouse), this system would provide continuity of operations. This is a critical component to the Clerk's emergency operations / business recovery plan. These modifications would also allow for the Circuit and County Courts to have a fully operational court facility. Should the main government complex be damaged, resulting in a shut -down for any extended period, the Immokalee Government Center would be available for use. All court information, records, etc. would be available to personnel at that location. Chief Administrative Judge Hugh Hayes has given his support to having this option available to the courts. This system would benefit all occupants of the facility, including the Tax Collector. FISCAL IMPACT: The total cost of these upgrades is $153,600. Funds would be transferred from Fund 301 Reserves to General Building Improvements. The Clerk's funds are restricted to providing only the actual equipment that will be installed in this upgrade. Per Florida Statutes the Board must provide the facility and any upgrades to said facility for the Clerk of Courts. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment as described within this summary in order to provide upgrades to the Immokalee Government Center for the Clerk's back -up computer system. PREPARED BY: Skip Camp, Director, Department of Facilities Management REVIEWED BY: Jay Cross, Executive Assistant, Clerk of Courts Agenda Item No. 16F1 January 24, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve Sovereign Medical, LLC as the sole source vendor for the purchase of EZ-IO adult intraosseous infusion systems by the Emergency Medical Department at a cost of $29,700.00. OBJECTIVE: To provide rescue personnel state of the art intraosseous infusion devices. CONSIDERATIONS: The EZ -IO needle allows rapid access to the body's circulatory system for the administration of fluids and emergency medications. These devices will be used as a secondary vascular access when conventional intravenous access is unachievable. The American Heart Association has labeled this device a Class Ila, which deems this product very valuable and highly recommended in critical life saving situations when vascular access is not readily achievable. The unit was thoroughly tested at the LSU Medical Center by 10 Medical Directors from around the country. This one of a kind system is manufactured by Vidacare, the patent holder, and distributed in the State of Florida solely by Sovereign Medical, LLC. The purchase includes thirty (30) complete insertion kits at $495 each and one hundred and fifty (150) replacement needle kits at $99 each. FISCAL IMPACT: Funds for these purchases, estimated at $29,700, have been budgeted for FY 06 in Fund 491, EMS Grants, 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: 1. Approve the purchase of the EZ -IO System using EMS state grant funds, and 2. Waive formal competition and approve Vidacare as the sole source manufacturer and Sovereign Medical, LLC as the sole source distributor of the EZ -IO System. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Agenda Item No, 16F1 January 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F1 Item Summary: Recommendation to approve Sovereign Medical, LLC as the sole source vendor for the purchase of EZ -10 adult intraosseous infusion systems by the Emergency Medical Department at a cost of 829700.00. Meeting Date: 1124/2006 9:00:00 AM Prepared By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 11612D06 3:57:42 PM Approved By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 1/912006 8:16 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 1110120061:07 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1110120065:23 PM Approved By Steve Cornell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 1/11/2006 4:04 PM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 1111/2006 4:08 PM Approved By Dan E. Summers Bureau of Emergency Services Diroctor Data County Manager's Office Bureau of Emergency Services 1111/2006 4:10 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1111/2006 4:24 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1111;2006 6:21 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1/12/2006 3:43 PM 4. February 2, 2005 To Whom It May Concern: Agenda Item No. 16F1 January 24, 2006 Page 3 of 3 722 Isom Road San Antonio. TX 78216 TEL: 210 -375 -8500 FAX: 210-375-8537 Thank you for your interest in the EZ -10 adult intraosseous infusion system. Vidacare is the sole manufacturer of the EZ -10 intraosseous infusion device. There is no like product available in the marketplace. As the manufacturer, Vidacare assigns specialty distributors to market, sell, and stock their products. Medical Specialties is not a manufacturer, they are Vdacare's exclusive distributor for Louisiana, Mississippi, and Alabama. Sovereign Medical, LLC is the exclusive distributor for the states of Delaware, Maryland, D.C., Virginia, North Carolina, South Carolina, West Virginia, Georgia, Florida, and Puerto Rico. Distributors are not allowed to represent or sell Vidacare products outside of their area of exclusive responsibility. If you have any further questions please do not hesitate to call our office. Regarxts, Jim Thomsen President Vidacare Corporation 210- 375 -8500 210- 375 -8537 fax jim @vidacare.com Agenda Item No. 16F2 January 24, 2006 Page 1 of 9 EXECUTIVE SUMMARY Recommend Approval of Work Order HM -FT- 3271 -06 -03 under contract 3271 with Humiston & Moore Engineers to provide engineering services and construction engineering inspection (CEI) for maintenance dredging of Clam Pass for a not -to- exceed, Time and Material price of $59,820.00 and approve a revised project budget (90028) totaling $265,000 which includes $205,180 for construction dredging and approve all necessary budget amendments. OBJECTIVE: To approve Work Order #HM- FT -06 -03 with Humiston & Moore for providing engineering services and CEI for maintenance dredging of Clam Pass in the amount of $59,820.00 based on the attached revised proposal; and approve a revised project budget (90028) totaling $265,000 which includes $205,180 for construction dredging and approve all necessary budget amendments. CONSIDERATIONS: Clam Pass Beach Park has eroded significantly in recent years and is in need of re- nourishment. Clam Pass inlet requires maintenance dredging on a 3 -4 year cycle to assure proper mangrove flushing. This Work Order performs site investigations, submits permit requests, develops plans and specifications, perform beach surveys and provides construction engineering services. FISCAL IMPACT: The source of funds is from Category "A" Tourist Development Tax Fund (195). A budget amendment is required moving dollars from reserves to fund engineering and construction activities. Current reserves in Fund 195 total $1,309,100. This budget amendment reduces Reserves by $265,000 leaving a balance of $1,044,100. COUNTY ATTORNEY FINDING: Review of the County Attorney is not required on this item. ADVISORY COMMITTEE RECOMMENDATIONS: The CAC recommended approval of this item on January 12, 2006. The TDC is scheduled to review this item on January 23, 2006. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve Work Order No. HM -FT- 3271 -06 -03 with Humiston & Moore Engineers to provide engineering services and CEI for maintenance dredging of Clam Pass for a not -to- exceed, Time and Material price of $59,820, and approve a revised project budget (90028) totaling $265,000 which includes $205,180 for construction dredging, and authorize County Manager or his designee to execute the document and approve all necessary budget amendments. PREPARED BY: Gary McAlpin, Coastal Project Manager Agenda Item ND. 16172 January 24, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F2 Item Summary: Recommend Approval of Work Order HM -FT- 3271 -06 -03 under contract 3271 with Humiston & Moore Engineers to provide engineering services and construction engineering inspection (CEI) for maintenance dredging of Clam Pass for a not-to-exceed, Time and Material price of 559,820.00 and approve a revised project budget (90028) totaling $265,000 which includes $205,180 for construction dredging and approve all necessary budget amendments. Meeting Date: 1/24. /2006 9:00.00 AM Approved By Gary McAlpm Costal Project Manager Date County Manager's Office Tourism 1!1112006 4:06 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 1 /11/2006 4:48 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 111 212 0 0 6 10:53 AM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 1,1 212006 2:07 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/1212006 2:49 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1!1312006 1:26 PM Approved By Michael Smykowski Management & Budget Director Date --•- County Manager's Office Office of Management & Budget 1/13/2006 6:00 PM Approved By James Y. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1 A20064:28 PM _ HUMISTON 1& MOORE. ENGINEERS COASTAL ENGIN.EQRING DESIGN", AND'PIERMITTING December 15, 2005 Mr. Gary McAlpin Collier County Tourist Development Department 3050 North Horseshoe Drive, Suite 218 Naples, FL 34104 Agenda Item No. 16F2 January 24, 2006 Page 3 of 9 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX:239 594 2025 PHONE: 239 594 2021 Re: Revised Proposal for Clam Pass Maintenance Dredging, H&M file No. 11049 Dear Gary: As requested we are providing this revised proposal for maintenance dredging of Clam Pass. As we discussed, this proposal is for the same scope of work as H &M provided to the Pelican Bay Services District in February, 2001. Scope of Work, Basic Services 1. Reduce and plot survey data to identify areas and quantities to be dredged and prepare plans showing the limits of dredging and fill placement along the County Park beach south of Clam Pass based on survey data provided by CP &E. Estimated cost ............ ..............................$ 4,680.00 2. Collect six sand samples of the material to be dredged and two samples from the beach disposal area and have geotechnical analysis completed on the samples. Estimated cost ........... ............................... $3,660.00 3. Submit dredge and fill plans and sand grain size information to the Corps of Engineers and DEP, and attend a preconstruction conference with agency representatives, in accordance with the permit requirements. Estimated cost ............ ..............................$ 9,000.00 4. Prepare Technical Specifications and Bid documents, prepare an opinion of probable construction costs, attend a pre -bid meeting, respond to questions from prospective bidders, and review and make recommendations on bid results. Estimated cost ........... ............................... $ 9,100.00 Agenda Item No. 16F2 January 24, 2006 Page 4 of 9 Total Basic Services Time & Materials ................$26,440.00 y. By comparison, the cost of these Basic Services in 2001 was $22,750. The increase of $3,690 is in part because of an increase of $750 due to the increase in DEP geotechnical data requirements as well as increases in lab fees for sand sample analysis, and the remainder of the increase, approximately 13 %, is due to increases in hourly rates using the fee schedule designated by the county. The same number of hours was used in both proposals. Additional services we recommend the County budget for are listed below. Additional Services 5. Post Construction Survey of beach profiles and the channel from Station 0 +00 to Station 18 +00, to be conducted by Agnoli Barber and Brundage. Pass through cost ..........................$ 7,380.00 6. Construction phase engineering services, including computation of pre- dredge available pay quantities, daily construction observations, reviewing the contractor's daily reports of operations and advising the County of the progress of the work, coordinating with the surveyor for post construction survey, review of contractor payment requests, and providing final certifications to the regulatory agencies. This assumes a 3 week construction period Construction Phase Services Time & Materials .............$26,000.00 y 62 Time & Materials estimated costs are amounts not to be exceeded without prior / authorization. For comparison purposes regarding item 6, the H &M Construction Phase Engineering Services contract amount in 2001 was $25,000. Associated costs for surveys and the wetland biologist were not included in the H &M contract in 2001, those services were provided directly to the Pelican Bay Services District by the sub consultants H &M proposes to use on this project. Please note that the above proposal anticipates using the sand samples recently collected by CP &E for the submittal to the regulatory agencies for maintenance dredging. The sand sampling under item 2 of the Basic Services above is for evaluating the old filled in channel south of the maintained channel and west of the 1999 upland disposal area as we have discussed. The purpose of this is to see if this area might provide additional sand for beach restoration. The amount budgeted for this task is $3,800, to manually collect samples and have them analyzed. This should be considered a reconnaissance level investigation to Agenda Item No. 16F2 January 24, 2006 Page 5 of 9 determine if there is beach quality sand in this area. If this investigation demonstrates that there are usable deposits of beach quality sand, it may be necessary to complete a more comprehensive investigation including collection of cores to to provide the regulatory agencies with sufficient data to justify modifying the permit to include dredging this area, as well as to provide data needed for preparation of modified dredging plans. If a viable source of beach sand is identified through the sand source investigation, modification of the permits and modification of the construction plans and specifications for additional dredging and placement of that material on the beach will be provided as Additional Services beyond the scope of services listed above. Additional Services not specifically included in the description of Basic Services will be provided at the cost of time and materials. Additional services may include any other services requested by OWNER, such as design and plan modifications, responding to requests of regulatory agencies, attendance at meetings and hearings, making presentations and time spent preparing for same. Reimbursable expenses associated with travel, copies, faxes, application fees, laboratory testing fees, etc., will be billed at cost. Application fees and impact fees, etc., are the responsibility of OWNER. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Agenda Item No. 16F2 January 24, 2006 WORK ORDER HM -FT- 3271 -06 -03 Page 6 of 9 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects dated November 13, 2001 (Contract #01 -3271) This Work Order is for professional engineering services for work known as Clam Pass Re- nourishment 195 Proiect #900281 Maintenance Dredging of Clam Pass The work is specified in the proposal dated December 15, 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 #HM -FT- 3271-06-03 is assigned to Humiston & Moore Engineers (Firm Name) Scope of Work: Task I - Reduce and plot survey data to identify areas and quantities to be dredged and prepare plans showing the limits of dredging and fill placement along the County Park beach south of Clam Pass based on survey data provided by CP &E. Task II - Collect six sand samples of the material to be dredged and two samples from the beach disposal area and have geotechnical analysis completed on the samples. Task III — Submit dredge and fill plans and sand grain size information to the Corps of Engineers and DEP, and attend a preconstruction conference with agency representatives, in accordance with the permit requirements. Task IV - Prepare Technical Specifications and Bid documents, prepare an opinion of probable construction costs, attend a pre -bid meeting, respond to questions from prospective bidders, and review and make recommendations on bid results. Task V - Post Construction Survey of beach profiles and the channel from Station 0 +00 to Station 18 +00, to be conducted by Agnoli Barber and Brundage (Pass through cost). Task VI - Construction phase engineering services, including computation of pre- dredge available pay quantities, daily construction observations, reviewing the contractor's daily reports of operations and advising the County of the progress of the work, coordinating with the surveyor for post construction survey, review of contractor payment requests, and providing final certifications to the regulatory agencies. This assumes a 3 week construction period. Schedule of Work: Complete work within 180 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). (time & material) (List all Tasks) Task I Taks II $ 3,660.00 Task III $ 9,000.00 Task IV $ 9,100.00 Task V $ 7,380.00 Task VI $26,000.00 TOTAL FEE $59,820.00 4,680.00 (time & material) (time & material) (time & material) (time & material) (time & material) (time & material) Agenda Item No, 16F2 Any change within monetary authority of this Work Order made subsequent tjanuary 24, 2006 final department approval will be considered an additional service and charged Page 7 of 9 according to Schedule "A" of the Agreement. PREPARED BY: Gary McAlpin, Coastal Project Manager APPROVED BY: Date Jack Wert, Tourism Director Date ACCEPTED BY: Humiston & Moore Engineers Company Name Authorized Company Officer Type or Print Name and Title Approved as to form and Legal Sufficiency: Assistant County Attorney Temptate;SNiWO Fixed Term Pro Eog Sery I cerfice Date Date Agenda Item No. 16F2 January 24, 2006 Page 8 of 9 BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA # .............................. . JE# .. ............................... BAR # .............................. A.P.H. Date ....................... Fund Number 195 Fund Description Beach Renourishment/Pass Maintenance Date Prepared: 12/15/05 Approved by BCC on: Attach Executive Summary Item No.: Expense Budget Detail Fund Center Title: Reserves Board WBS Element Title: Fund 195 Reserves ..:a L v �.... «o_ txroc oto., — ;..f —r ;.,.,• ;r ;� ..,,r 11—i •PA tn —;AP tenth 1 Fd Ctr No.: 919010 WBS No.: 991951 Fund Center WBS Element Commit Item Commitment Item Description Increase Decrease Current Budget Revised Bud et 919010 991951 991000 Reserves for Contingencies ($265,000.00) $1,309,100.00 $1,044,100.00 110406 900281 634999 Other Contractual Services $205,180.00 0 $205,180.00 Net Change to Budget la.40D,uvu.vu) Expense Budget Detail Fund Center Title: TDC Beach Renourishment Cat.A WBS Element Title: Clam Pass Renourishment 195 m..,...:ao «U- c...,a P — 1AInc ;r ; � —t r rPri to v;rlP tenth 1 Fd Ctr No.: 110406 WBS No.: 900281 Fund Center WBS Element Commit Item Commitment Item Description Increase (Decrease) Current Budget Revised Bud et 110406 900281 631400 Engineering Fees $59,820.00 $35,000.00 $94,820.00 110406 900281 634999 Other Contractual Services $205,180.00 0 $205,180.00 Net Change to Budget $265,000.U0 EXPLANATION Why are funds needed? For Clam Pass Maintenance Dredging of the inlet which will re- nourish immediately Clam Pass Beach Park. Where are funds available? Funds are available in 195 Reserves Agenda Item No. 16F2 January 24, 2006 Page 9 of 9 REVIEW PROCESS Cost Center Director: DATE Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: In ut b : B.A. No.: Agenda item No. 16F3 January 24, 2006 Page 1 of 41 EXECUTIVE SUMMARY Recommendation to approve Grant Agreement #06- DS- 3W- 09 -21 -01 between the Florida Department of Community Affairs and Collier County accepting $52,957 to fund Homeland Security and Emergency Preparedness Initiatives and approve a Budget Amendment to recognize and appropriate the grant funds OBJECTIVE: Board of County Commissioners approval of an Agreement with the Florida Department of Community Affairs (DCA) and Collier County accepting grant funding of $52,957 for Homeland Security and Emergency Preparedness programs and initiatives. CONSIDERATIONS: The Federal Government has made available, through DCA, Homeland Security funds in the amount of $52,957 to be used to develop new and enhance existing Homeland Security and Emergency Preparedness plans and initiatives. Per the Agreement, the funds will be used to conduct exercises and training workshops, emergency planning activities, and the enhancement of Citizens Corps programs. Acceptance of the Agreement will enable Collier County to meet State and Federal mandates by continuing the development, upgrading and integration of Homeland Security plans into existing local, state and regional Emergency Plans, and provide training /exercise opportunities to local emergency response and volunteer organizations. An application for these funds was not required. The Agreement has been reviewed and approved for Form and Legal Sufficiency by Thomas Palmer, Assistant County Attorney. FISCAL IMPACT: An increase, by Budget Amendment, of $52,957 to Fund 118, Emergency Management Grants for FY 06. No matching funds are required. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Agreement #06- DS- 3W- 09 -21 -01 between the Florida Department of Community Affairs and Collier County accepting $52,957 to fund Homeland Security and Emergency Preparedness programs and initiatives, and approve a Budget Amendment to recognize and appropriate the grant funds. PREPARED BY: Darcy Waldron, Sr. Administrative Assistant Department of Emergency Management Agenda Item No. 16F3 January 24. 2006 Page 2 of 41 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F3 Item Summary: Recommendation to approve Grant Agreement #06- DS- 3W- 09 -21 -01 between the Florida Department of Community Affairs and Collier County accepting $52,957 to fund Homeland Security and Emergency Preparedness Initiatives and approve a Budgel Amendment to recognize and appropriate the grant funds. Meeting Date: 1/2412006 9:00:00 AM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 119!2006 9:43 AM Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 119/2006 10:45 AM Approved By Marlene J. Foord Grams Coordinator Date Administrative Services Administrative Services Admin. V9120062:19 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 1110!2006 11:24 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 11111200611:60 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111 V2006 4:59 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 111212006 3:18 PM Commissioners Agenda Item No. 16173 January 24, 2006 Page 3 of 41 Contract Number: 06- DS- 3W- 09 -21 -01 CFDA Number: 97.067 FEDERALLY- FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and Collier County, (hereinafter referred to as the 'Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or July 1, 2005, whichever is later, and shall end August 30, 2006, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. Agenda Item No. 16F3 January 24, 2006 Page 4 of 41 (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for - profit) organization on a cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. -° (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 'IJ Agenda Item No. 16F3 January 24, 2006 Page 5 of 41 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. 'Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. 'Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement Agenda Item No. 16F3 January 24, 2006 Page 6 of 41 indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Department of Community Affairs Bureau of Preparedness and Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 4 Agenda Item No. 16F3 January 24, 2006 Page 7 of 41 The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`" Street Jeffersonville, IN 47132 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Department of Community Affairs Division of Emergency Management Grants Administration Unit 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. Agenda Item No. 161F3 January 24, 2006 Page 8 of 41 (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non - compliance. 0) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with semi - annual reports, and with a close -out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Department. (b) Semi - annual reports are due to be received by the Department no later than 30 days after the end of each period of the program year and shall continue to be submitted each period until submission of the administrative close -out report. The ending date for the period of the program year is December 31. (c) The close -out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. 0 Agenda Item No. 16F3 January 24, 2006 Page 9 of 41 (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the semi- annual report. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures /processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third 7 Agenda Item No. 16F3 January 24, 2006 Page 10 of 41 parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ( "Events of Default "), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; Agenda Item No. 16F3 January 24, 2006 Page 11 of 41 (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth in paragraph (13) herein; Agreement; (b) Commence an appropriate legal or equitable action to enforce performance of this (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. law. (f) Exercise any other rights or remedies which may be otherwise available under (g) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the 9 Agenda item No. 16F3 January 24, 2006 Page 12 of 41 Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. 10 Agenda Item No, 16F3 January 24, 2006 Page 13 of 41 (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Chanda D. Brown, Financial Specialist Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Telephone: 850 -414 -8538 Fax: 850 - 488 -7842 Email: chanda.brown @dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. James von Rinteln, EM Coordinator Collier County Emergency Management 3301 Tamiami Trail East Naples, Florida 34112 Telephone: 239 - 774 -8000 Fax: 941 - 775 -5008 Email: jamesvonrinteln @colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the semi - annual report submitted by the Recipient. Agenda Item No. 16F3 January 24, 2006 Page 14 of 41 For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Justification of Advance Attachment D —Warranties and Representations Attachment E — Certification Regarding Debarment Attachment F — Assurances (17) FUNDING /CONSIDERATION (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $52,957 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A -87, A -110, A- 122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the 12 Agenda Item No. 16F3 January 24, 2006 Page 15 of 41 budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. XX No advance payment is requested. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs ", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and /or services provided in accordance with the terms and conditions of the Agreement. Failure to issue 13 Agenda Item No. 16F3 January 24, 2006 Page 16 of 41 the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488 -2924 or by calling the State Comptroller's Hotline at 1- 800 - 848 -3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation. State and local government services, and in telecommunications. 14 Agenda Item No. 16F3 January 24, 2006 Page 17 of 41 (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 15 Agenda Item No. 16F3 January 24, 2006 Page 18 of 41 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (j) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (1) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. 16 Agenda Item No, 1673 January 24, 2006 Page 19 of 41 (n) The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17 Agenda Item No, 16F3 January 24, 2006 Page 20 of 41 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre- existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should Agenda Item No. 16F3 January 24, 2006 Page 21 of 41 know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. 19 Agenda Item No. 16F3 January 24, 2006 Page 22 of 41 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Name and title: Chairman Date: FID# 59- 60000558 ATTEST: Dwight E. Brock, Clerk BY: (Deputy Clerk) Approved as to Form d egaI Sufficiency: AssIstant County Attorney STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: W Craig Fugate Director of Emergency Management 20 20 Agenda Item No. 16F3 January 24, 2006 Page 23 of 41 EXHIBIT — 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Department of Homeland Security, Office of Domestic Preparedness CFDA # 97.067 $52,957 NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: N/A 1. First applicable compliance requirement (e.g., what services /purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 11. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 21 Agenda Item No. 16F3 January 24, 2006 Page 24 of 41 Attachment A Budget and Scope of Work Proposed Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. .6 No more than 2.5% of the total award may be expended on Management and Administration costs by the Recipient. Cc At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed Program Budget ") may be put towards Programmatic costs instead. ec The transfer of funds between planning, training, exercises and management & administration is permitted, for this contract only, whereas management & administration costs do not exceed 2.5% of the Recipient's total award. 22 Agenda Item No. 161F3 January 24, 2006 Page 25 of 41 Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue 08 as described in the "Proposed Program Budget'. If any changes need to be made to the "Budget Detail Worksheet ", after the execution of this contract, contact the contract manager listed in this contract via email or letter. ]BudgetDetail Worksheet-#08— . . Allowable Planning " Quant 9 „ _ .�.x ity Unit Cost, d y., Total Cost. - Public Education /Outreach 10,000 .50 $5,000 Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps - related volunteer Enhancement Various $6,633 programs Hiring of full or part-time staff or contractors /consultants to assist with COOP Contract planning activities (not for the purpose of hiring public safety personnel COG $15,000 fulfilling traditional public safety duties) GIS /SOG PR Conferences to facilitate planning activities Materials required to conduct planning activities Travel /per diem related to planning activities Overtime and backfill costs — Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Allowable Training Costs Quantity, Unit Cost Total Cost Overtime and backfill funding for emergency preparedness and response personnel attending ODP- sponsored and approved training Gasses. Grantees may also use ODP grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in ODP training. Training Workshops and Conferences - Grant funds may be used to NIMS plan and conduct training workshops or conferences to include costs EM Training Various $1,500 related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. G /EMI - ) Full or Part -Time Staff or Contractors /Consultants - Full or part - time staff may be hired to support training - related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors /consultants may also be procured by the state in the design, development, conduct, and evaluation of CBRNE training. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 23 Agenda Item No. 16F3 January 24, 2006 Page 26 of 41 Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the training project(s) or for attending ODP- sponsored courses. These costs must be in accordance with state law as highlighted in the OJP Financial Various Various $1,500 Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http : / /www.ojp.usdoj.gov /FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (e.g., CERT Training Various $5,000 copying paper, gloves, tape, and non - sterile masks). Equipment Other Items - These costs include the rental of space /locations for planning and conducting training, badges, etc. A complete list of ODP approved courses may be found at www oip usdoi clov /odo /docs /Eligible Federal Courses.odf All Exercise Costs , ;z ;Quantity Uni# Cosh ., -. Toal Cost Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or Contractors /Consultants - Full or part- time staff may be hired to support exercise - related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the or the awarding agency, whichever is applicable. The services of 106 Various $10,000 state contractors /consultants may also be procured to support the design, Exercise development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Overtime and backfill costs — Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. Grantees may also use ODP grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in ODP exercises. Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http : /iwww.ojp.usdoj.gov /FinGuide. Supplies - Supplies are items that are expended or consumed during Exercise Supplies Various the course of the planning and conduct of the exercise project(s) (e.g., (per $7,000 copying paper, gloves, tape, non - sterile masks, and disposable ( +1 hardened contract) protective equipment). laptop com Other Items - These costs include the rental of space /locations for exercise planning and conduct, exercise signs, badges, etc. The scenarios used in SHSGP funded exercises must be terrorism- related and based on the State Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine and protocols located at http,//www oip usdoi oov /odp/exercises.htm #hseep. 24 Agenda Item No. 16F3 January 24, 2006 Page 27 of 41 Eligible Management and Administration Costs (management.and administration costs may not exceed of the Recipient's total award Hiring of full -time or part-time staff or contractors /consultants: • To assist with the management of FY05 HSGP. • To assist with design, requirements, and implementation of FY05 HSGP. o To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the individual grant program. Hiring of full -time or part -time staff or contractors /consultants and expenses related to: o HSGP pre - application submission management activities and application requirements. o Meeting compliance with reporting /data collection requirements, including data calls. Development of operating plans for information collection and processing necessary to respond to DHS /ODP data calls. Overtime and backfill costs — Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of the established work week (usually 40 hours) related to the M&A activities for the development and implementation of the programs under HSGP. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or local unit(s) of government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting - related expenses (For a complete list of allowable meeting - related expenses, please review the OJP Financial Guide at http : / /www.ojp.usdoj.gov /FinGuide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other 1 Office laptop Per contract $1,324. equipment or software which may be required to support the computer implementation of the homeland security strategy. The following are allowable only within the contract period: o Recurring fees /charges associated with certain equipment, such as cell phones, faxes, etc. o Leasing and /or renting of space for newly hired personnel to administer programs within FY05 SHSGP. TOTAL $52,957 25 Agenda Item No. 16F3 January 24, 2006 Page 28 of 41 Scope of Work Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2005 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: Categories and Eligible Activities 08. Planning, Training and Exercises for Local and Regional Efforts FY2005 SHSGP, Issue 08b, allowable costs are divided into the following categories: planning, training and exercises. In addition, management and administration costs are also allowable. Management and administration costs may not exceed 2.5% of the Recipient's total award. A. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: Costs associated with implementing and adopting HSPD -8 initiatives • Costs associated with implementing and adopting NIMS • Costs associated with modifying existing incident management and EOPs to ensure proper alignment with the NRP coordinating structures, processes, and • Establishing or enhancing mutual aid agreements • Developing communications and interoperability protocols and solutions • Conducting local, regional, and tribal program implementation meetings • Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC • Designing state and local geospatial data systems • Developing related critical infrastructure terrorism prevention activities including: • Planning to enhance security during heightened alerts, during terrorist incidents, and /or during mitigation and recovery • Public information /education: printed and electronic materials, public service announcements, seminars /town hall meetings, web postings coordinated through local Citizen Corps Councils • Citizen Corps activities in communities surrounding critical infrastructure sites, including Neighborhood Watch, YIPS, and other opportunities for citizen participation • Evaluating CIP security equipment and /or personnel requirements to protect and secure sites • CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancements /deployments. Developing and enhancing plans and protocols, including but not limited to: • Developing or enhancing EOPs and operating procedures • Developing terrorism prevention /deterrence plans • Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies • Developing or enhancing border security plans • Developing or enhancing cyber security plans • Developing or enhancing cyber risk mitigation plans • Developing or enhancing agriculture /food security risk mitigation, response, and recovery plans • Developing public /private sector partnership emergency response, assessment, and resource sharing plans • Developing or updating local or regional communications plans • Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit agencies • Developing or enhancing continuity of operations and continuity of government plans • Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate federal assets provided under the NRP. Developing or conducting assessments, including but not limited to: • Conducting point vulnerability assessments at critical infrastructure sites /key assets and develop remediation /security plans • Conducting cyber risk and vulnerability assessments • Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and state resources • Activities which directly support the identification of specific catastrophic incident priority response and -° recovery projected needs 26 Agenda Item No. 16F3 January 24, 2006 Page 29 of 41 • Activities which directly support the identification and advance preparation of pre - designated temporary housing sites; for example: o Conducting assessments and studies to identify qualified candidate sites o Obtaining accurate site surveys and existing utility information o Coordinating zoning requirements and necessary permits and /or waivers o Coordinating environmental impact requirements related to a selected site o Coordinating historic preservation requirements related to a selected site. B. Training Allowable training - related costs include: 1) establishment of CBRNE terrorism and cyber security training programs within existing training academies, universities or junior colleges; and 2) overtime and backfill costs associated with attendance at ODP- sponsored and ODP approved CBRNE and cyber security training courses. The target audience for training courses include emergency preparedness, prevention and response personnel, emergency managers and public/elected officials within the following disciplines: fire service, law enforcement, emergency management, emergency medical services, hazardous materials, public works, public health, health care, public safety communications, governmental administrative, cyber security, and private security providers. In order to deliver these courses, state and local instructors must be certified to deliver the course by successfully completing ODP train - the - trainer course delivery. Detailed descriptions of ODP courses are included in the ODP CBRNE Training Course Catalog at http: / /www.ojp.usdoj.gov /odp /docs /Gourser-atalog.pdf. C. Exercises Exercises conducted with ODP support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program ( HSEEP). HSEEP Volumes 1 -III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes 1 -111 can be found at ODP's website at http: / /www.ojp.usdoj.gov /odp /exercises.htm. Volume IV, which contains sample exercise materials and documents, can be found on ODP's Secure Portal at https: / /odp.esportals.com or http: / /www.Ilis.gov. Exercise Scenarios. The scenarios used in SHSGP- funded exercises must be terrorism- related and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for assistance and /or approval. Fifteen all- hazards National Planning Scenarios, including 12 terrorism scenarios, have been developed, and will be made available for use in national, federal, state, and local homeland security preparedness activities (See HSPD -8: National Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non - professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public. Citizen participation in exercises should be coordinated with local Citizen Corps Council(s). If a state or urban area will be hosting an upcoming special event (e.g., Superbowl, G -8 Summit, etc.), or they anticipate that they will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. All tabletop exercises (TTXs), drills, functional exercises (FEs), and full -scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following every TTX, drill, FE, and FSE. AAR /IPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume 11, Appendix A). D. Management and Administration - no more than 2.5% of each sub - recipient's total award may be expended on Management and Administration costs by the sub - recipients Hiring of full -time or part-time staff or contractors /consultants: • To assist with the management of the FY2005 SHSGP • To assist with design, requirements and the implementation of the FY2005 SHSGP • To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2005 SHSGP Hiring of full -time or part-time staff or contractorsiconsultants and expenses related to: • Meeting compliance reporting /data collection requirements, including data calls Development of operating plans for information collection and processing necessary to respond to DHS /ODP data calls Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of the established work week (usually 40 hours) related to the M&A activities for the development and implementation of the programs under HSGP. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or local unit(s) of government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), 27 Agenda Item No. 16F3 January 24, 2006 Page 30 of 41 even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting - related expenses (For a complete list of allowable meeting - related expenses, please review the OJP Financial Guide at hftr)://www.oii).usdo'.qov/FinGuide). Acquisition of authorized office equipment, including: • Personal computers • Laptop computers • Printers • LCD projectors, and • Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: Recurring fees /charges associated with certain equipment, such as cell phones, faxes, etc. • Leasing and /or renting of space for newly hired personnel to administer programs within the FY2005 SHSGP E. Unauthorized Expenditures • Expenditures for items such as general -use software (word processing, spreadsheet, graphics, etc.) General -use computers and related equipment • General -use vehicles • Licensing fees Weapons systems and ammunition Construction or renovation of facilities that would have been reasonably necessary due to non - terrorist threats • Activities unrelated to the completion and implementation of the SHSGP Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs Recurring Costs Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill. Overtime and Backfill Guidance Overtime: Expenses incurred by those personnel who, as a result of ODP- approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to ODP- approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill — they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re- assigned to a different place of duty. Overtime and backfill do not result in an increase of full -time employees (FTEs). II. National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. A. National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. Since FY2005 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY2005 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. Minimum FY2005 NIMS Compliance Requirements Incorporating NIMS into existing training programs and exercises; Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); Incorporating NIMS into emergency operations planning; • Promotion of mutual aid agreements; and, • Institutionalizing the use of the Incident Command System (ICS). 2. Local units of government should support NIMS implementation by: 28 Agenda Item No, 16F3 January 24, 2006 Page 31 of 41 • Having relevant personnel complete the NIMS Awareness Course: "National Incident Management System (NIMS), An Introduction" IS 700. This independent study course is available on -line and will take between forty -five minutes to three hours to complete. The course is available on the Emergency Management Institute web page at: htt;)://training.fema.gov/EMIWeb/IS/is7DO.asl) • Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in formally adopting NIMS through legislative and /or executive /administrative means. • Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web -based self- assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the NIC will provide all potential future users with voluntary access to the system. Additional information about the NIMCAST tool will be provided later this year. • Establishing a timeframe and developing a strategy for full NIMS implementation. Transit systems are encouraged to achieve full NIMS implementation during FY 2005. To the extent that full implementation is not possible during FY 2005, federal preparedness assistance must be leveraged to complete NIMS implementation in FY 2006. By FY 2007, federal preparedness assistance will be conditioned upon full compliance with NIMS. • Institutionalizing the use of the ICS. Transit systems that are not already using ICS, must institutionalize the use of ICS (consistent with the concepts and principles taught by DHS) across the entire response system. 3. FY 2006 and FY 2007 Requirements In order for the Division to receive FY2006 preparedness funding, the minimum FY2005 compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, http: / /www.fema.gov /nims, will be updated regularly with NIMS information and implementation guidance. III. Reporting Requirements A. Semi - Annual Programmatic Reporting: The Semi - Annual Programmatic Report is due within 15 days after the end of the reporting periods (June 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Procirammatic Reportina Schedule Reporting Period Report due to DEM no later than January 1 through June 30 July 15 July 1 through December 31 January 15 Programmatic Reporting: Information to Report On After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet will contain all of the information that the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and email the finished product to the programmatic contact listed below. The first worksheet will be available after the July 1 - December 31, 2005 reporting period. B, Project Items: Planning - the Division reserves the option to request access to any document, as described below, at anytime during the contract period. • If the Recipient chooses to enhance /develop a plan, parts of a plan, SOP /SOG, or other documentation then, the Division will require the review of a draft copy of this document for NIMS compliance. The Division will only be making recommendations. 29 Agenda Item No. 16F3 January 24, 2006 Page 32 of 41 If the Recipient chooses to enhance /develop a mutual aid agreement, the Division will require a copy of said agreement. If the Recipient chooses to enhance /develop a GIS database product, the Division will require access to the layer or database. If the Recipient chooses to enhance /develop public information related materials, the Division will require a copy of said materials. If the Recipient chooses to participate in a Domestic Security related meeting or conference, the Division will require a copy of the agenda prior to the meeting and a roster after the meeting. If the Recipient chooses to conduct an assessment, we will require a copy of the completed assessment. Since these are secure documents, they should be submitted on CD. 2. Training If the Recipient chooses to conduct training, the Division will require the title of course, instructor's name and a list of attendees prior to course delivery. After the course has been delivered, the Division will require a roster of actual participants. 3. Exercises If the Recipient chooses to conduct an exercise, an After Action Report should be submitted to the Division no later than thirty (30) days after the conclusion of the exercise. C. Reimbursement Requests: An invoice or purchase order must accompany each request for reimbursement. A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. D. Close -out Programmatic Reporting: The Close -out Report is due to the Florida Division of Emergency Management no later than 60 days after the contract is either completed or the contract has expired. IV. Points of Contact Contractual Point of Contact Programmatic Point of Contact Chanda Brown Farrah Gosford FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 Tallahassee, FL 32399 -2100 (850) 414 -8538 (850) 413 -9974 Chanda.brown dca.state.fl.us Farrah. osford dca.state.fl.us 30 Attachment B Program Statutes and Regulations 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 31 Agenda Item No. 16F3 January 24, 2006 Page 33 of 41 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Agenda item No. 16F3 January 24, 2006 Page 34 of 41 Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 DCA Award MAXIMUM o not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 32 (A) (B) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) First three months expen itures need only be provided or the years in Which you requested an ...,.,..,... u:. .. 4^ .,n+ kmvia +hic infnrmnfinn call vnur consultant and thev will assist vou. MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 DCA Award MAXIMUM o not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 32 Agenda Item No. 16F3 January 24, 2006 Page 35 of 41 ESTIMATED EXPENSES BUDGET CATEGORY 2004 -2005 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 33 Attachment D Warranties and Representations Financial Management Agenda Item No. 16F3 January 24, 2006 Page 36 of 41 Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 34 Agenda Item No. 16F3 January 24, 2006 Page 37 of 41 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8am to 4pm. Monday through Friday. Licensing and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 35 Attachment E Contractor Covered Transactions Agenda Item No. 16F3 January 24, 2006 Page 38 of 41 (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 36 Agenda Item No. 16F3 January 24, 2006 Page 39 of 41 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A -21, A -110, A -122, A -128, A -87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally - assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved 37 Agenda Item No. 16F3 January 24, 2006 Page 40 of 41 December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. Agenda Item No. 16F3 January 24, 2006 Page 41 of 41 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 39 Agenda Item No. 16F4 January 24, 2006 Page 1 of 31 EXECUTIVE SUMMARY Recommendation to award RFP# 05 -3864 in the amount of $121,775 to Vision Internet for the redesign of the Collier County government Web site. OBJECTIVE: Obtain Board's approval of selection of the recommended firm that will provide redesign, maintenance and hosting services for the Collier County Web site. CONSIDERATIONS: The Collier County Internet Redesign Project proposes to create a consistent look and "feel" for the County's Internet site (www.colliergov.net). Through the use of a new content management system, the redesign project will make county government information and web services more easily accessible to Collier County residents and businesses via a unified County Web site. Keeping information on our Web site current and easily accessible is critical to meeting the needs of our citizens. Accordingly, the county proposed a redesign that will change the County Web site from a department- centered to a customer - centered design and adding more capable content management capabilities. Along with the redesign, the contract also provides for ongoing maintenance and hosting services. The maintenance and hosting agreements will be executed separately after the redesigned county web site is launched. The RFP was publicly advertised on June 7, 2005. Forty -three (43) notices were sent; seventy - four (74) vendors requested full package. A total of twelve (12) sealed proposals were received by the due date, July 8, 2005. A selection committee evaluated the proposals based on the following criteria: Local government experience and references; creativity and innovation and value -added features; RFP fulfillment; hosting coordination; Webmaster services and price. The selection committee narrowed the field to three vendors and asked each of the finalists to demonstrate their content management software. Following the demonstration, the committee, by consensus, recommended awarding the contract to Vision Internet. A contract has been successfully negotiated with the firm. The redesign project is a part of the County Manager's FY 2006 Work Plan. Vision Internet is a Santa Monica, California -based company that has extensive government experience including work with cities and counties with similar scopes of work to what is required in the Collier County Internet Redesign Project. Vision is proposing a several step process for implementation that includes the concept stage, design stage, development stage, quality assurance and training stage and launch stage. Vision Internet is proposing a 15 -26 week schedule for the project, FISCAL IMPACT: The total contract price for the redesign is $121,775. The maintenance fee is $1,000 per month and the hosting fee is $200 per month. The maintenance and hosting fees commence on the launch date (the date the website is made available to the public). The funds for the project are budgeted in Fund 111 for the Communication and Customer Relations Dept. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners award RFP# 05 -3864 to Vision Internet in the amount of $121,775 to Vision Internet for the Collier County Internet Redesign Project. Prepared by: John Torre, Director Communication and Customer Relations Dept. Agendaltem No 161`4 January 24, 2006 Page 2 of 31 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F4 Item Summary: Recommendation to award RFP# 05 -3864 in the amount of $121,775 to Vision Internet for the redesign of the Collier County government web site Meeting Date: 1!24!2006 9.0000 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget Dare 1111/20/16 4 :23 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111712006 2:10 PM Approved By James V. Mudd County Manager Date Board of County Commissimrers County Manager's Office 1/1712006 4:64 PM Agenda Item No. 16F4 January 24, 2006 Page 3of31 AGREEMENT 05 -3864, "Collier County Website Redesign" THIS AGREEMENT, made and entered into on this 24th day of January 2006, by and between Vision Internet Providers, Inc., authorized to do business in the State of Florida, whose business address is 2530 Wilshire Boulevard, 2nd Floor, Santa Monica, California 90403 hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence upon award of the Agreement by the Collier County Board of County Commissioners and receipt of the written "Notice to Proceed" from the Collier County Communications & Customer Relations Department. 2. STATEMENT OF WORK. The Consultant shall provide services in accordance with the terms and conditions of RFP #05 -3864, "Collier County Website Redesign" and the Consultant's proposal hereto attached and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of one hundred twenty one thousand, seven hundred seventy five dollars ($121,775), based on the prices set forth in the Consultant's proposal, subject to Change Orders as approved in advance by the County. 4. COMPENSATION. The County shall pay the Consultant for work performed under this Agreement in amount(s) specified in Exhibit D, Section 3. Payments shall be made to the Consultant when requested as work progresses; as accepted and approved by the Director of Communication and Customer Relations or their designee, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". 5. ADDITIONAL ITEMS /SERVICES: Additional items, interactive components and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Administrator and Consultant. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Vision Internet Providers, Inc. 2530 Wilshire Boulevard, 2nd Floor Santa Monica, California 90403 Attention: Steve Chapin Fax: 310 - 656 -3103 Agenda item No. 16F4 January 24, 2006 Page 4 of 31 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carrell Fax: 239- 732 -0844 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. r All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Agenda Item No. 16F4 January 24, 2006 Page 5 of 31 Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 11. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement with a seven (7) day written notice for cause; further either party within thirty (30), days may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non - performance. 12. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Hired and Non -Owned Vehicles. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability Insurance: The Consultant shall maintain Insurance to insure it's legal liability for claims arising out of the performance of professional services under this Agreement. Coverage shall have minimum limits of $500,000 Per Occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Agenda Item No. 16F4 January 24, 2006 Page 6 of 31 Consultant shall insure that all subconsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 14. INDEMNIFICATION. Each party agrees to indemnify, defend and hold harmless the other, its officers, board members, agents and employees from and against any and all fines, suites, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of whatever kind or nature, including attorney's fees and costs (and costs and fees on appeal), and damages (including, but not limited to, actual and consequential damages) arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or breach of this Agreement by such party, its officers, board members, agents or employees. This paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or extend the parties liability beyond the limits established in Section 768.28, Florida Statutes. 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Communication and Customer Relations Department. 16. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A, Scope of Work; Exhibit B, Component Pricing, Exhibit C, Project Schedule, Exhibit D, Website Development, Hosting and Maintenance Services Terms and Conditions; Exhibit E, Annual Maintenance Services Agreement; Insurance Certificate(s); Consultant's Proposal, and RFP #05 -3864, "Collier County Website Redesign". 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 19. VENUE: This agreement shall be construed in compliance with Florida Laws. Venue shall be in Collier County, Florida. Agenda Item No, 16F4 January 24, 2006 Page 7 of 31 IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Frank Halas, Chairman Dated: First Witness Type/ print witness name Second Witness Type/ print witness name Approved as to form and legal sufficiency: Robert Zachary Assistant County Attorney Vision Internet Providers, Inc. Signature Typed signature and title Agenda Item No. 16F4 January 24, 2006 Page 8 of 31 EXHIBIT A SCOPE OF WORK The implementation of the County's website will include: • Attractive Design: A website design that reflects Collier County, draws people in, and makes it immediately obvious that the website is the best place to get information and access resources. • Intuitive Naviciation: The information will be easy to find with the most important information accessible from the homepage to make it easier for website visitors. ❑ Content Management Solution: Collier County will also implement a content management tool to facilitate management of content to non - technical staff throughout the County. ❑ Integrated Interactive Components: Interactive components will be implemented to make the website more engaging and useful for website visitors. ❑ Integration of Third-Party Applications and Databases: Collier County has a number of third -party e- government applications and databases, plus intends to add others. These will integrate into the overall look and feel of the website. Each of these recommendations is discussed in more detail in the sections that follow. Attractive Design The County's website will have a design that makes it stand out among counties on both a regional and national basis. The website will be inviting, easy to use, and will reflect the County's unique identity. This will be accomplished through the following design characteristics: • Creative design that incorporates custom design elements and the most important information easily accessible from the homepage. • Photos and collages of recognizable landmarks and scenery of the County and the local area. ❑ Consistent look and feel throughout the site by using a singular theme thus making it easier for visitors to navigate the site and find information they need. ❑ Use of Cascading Style Sheets to ensure future consistency as well as separation of content and design. This makes it much easier to apply a new design theme in the future without the need to redevelop the underlying website. ❑ Section 508 Compliant making it accessible by persons with disabilities. It may also incorporate the following design elements to make it easier for users to navigate the site: • Easy to use drop down menus helping users to quickly understand navigation and locate information. • Breadcrumbs to show the user's current path to let them know exactly where they are on the website. Agenda Item No. 16174 January 24, 2006 Page 9 of 31 Intuitive Navigation For County's website, Contractor recommends organizing information by topic service, or target audience in addition to by department or office Contractor's approach allows users to find the information in a variety of ways that are most important to them. This is an approach Contractor uses on many of its government websites making it easy for visitors to find information. This is largely because content is available through multiple "paths" making it simple for users to find information regardless of the way they prefer to navigate the website. Content Management Solution The project will include implementing the Vision Content Management Tool. The County will not be locked into the Contractor or any other company because it is based upon standard technologies, and Contractor will provide the County with all the source code for its own use. The Vision Content Management Tool Vision Internet's content management tool provides the County with a dynamic website where the County is able to modify content on any page in the website through simple, easy to use admin screens. Additionally, the County can add new pages and insert them into the navigation of the website. This allows the County to continually grow its website over time, without ongoing maintenance fees. The Vision Content Management Tool includes functions that make it extremely easy for non- technical staff to manage website content. The most important include: ❑ Content Approval Cycle allowing staff persons to create content that goes through multiple levels of review and approval before going "live." ❑ WYSIWYG Text Editor based upon standard document creation tools make it easy for non - technical staff to edit and format text. With the WYSIWYG (What You See Is What You Get) editor, they can change font styles, colors, sizes, and formatting such as bold, italics, and underlining. ❑ Browser -Based Administration allows for easy management of content by anyone versed at surfing the Internet and using basic word processing programs. Authorized staff members can update, delete, and create new pages based on a predefined template, and insert them within the website's navigation. • Spell Check to help make sure content is free of spelling errors. • 5-tyles give web pages a consistent look because styles can be applied to such elements as text, headers, and lists. ❑ Search and Replace tool for replacing a word or phrase within the page. ❑ Secure Administration offering password protection to content management functions. The sophisticated tool allows granting of management rights to specific users or groups of users. Administration rights can be granted to the entire site or restricted to specific areas or types of content. ❑ Single- Source Web Publishing permits administrators to update a single web page yet changes will be reflected on multiple pages throughout the site. Agenda Item No. 16F4 January 24, 2006 Page 10 of 31 ❑ Navigation Control allows adding new pages or move pages anywhere within the website. ❑ Page Linking enables easy creation of links to any page in the website or to other websites. ❑ Email Address Masking to prevent spammers from getting the email addresses of County employees when crawling the site. ❑ Document Central so County can store a single version of each document in a central place and link to them from virtually any page in the website. ❑ Image Library so County can store a single version of each image in a central place and subsequently add them to virtually any page in the website. ❑ Content Scheduling saves time and money because all standard pages and specific predefined component content can be set up to publish ahead of time and be automatically removed or archived when it will no longer be relevant. ❑ Printable Pages enables website visitors to print out virtually any page on the website for reading off line. ❑ Content Approval Cycle allowing staff persons to create content that goes through multiple levels of review and approval before going "live." ❑ Multilingual Support allowing the County to publish web pages in any language including multi -byte Asian and Arabic languages. The tool will be configured to accept Spanish Language translated content. Translation services are not included. Additional languages are available for an additional fee. Optional functions available under additional budget include: Included Interactive Components These components are included within the project: ❑ Calendar ❑ Image Library ❑ Document Central ❑ Link Library ❑ Design Themes ❑ Members Only Section ❑ Dynamic Banners ❑ Multilingual (Spanish) Site ❑ Dynamic Homepage (2) ❑ News and Newsletters ❑ Dynamic Department Homepages ❑ Site Search ❑ e- Notification ❑ Sitemap Generator ❑ Frequently Asked Questions ❑ Staff Directory Each of these interactive components is described in detail below. Calendar The Calendar can be implemented in a user- friendly monthly, or yearly, format. To further assist users, the Calendar has filtering tools that allow users to find information by month, category, or even departments. To make Calendar management simple for staff, all events are stored in a central database. Additionally, it provides the same formatting tools available for authoring pages, thus allowing users to add images, create links to other content in the website, and attach documents (such as flyers, agendas, staff reports or any other type of Agenda Item No, 16F4 January 24, 2006 Page 11 of 31 document) from the Document Central. Staff can easily add, delete, or modify events through a simple browser interface. To further save time, the Calendar includes Recurring Event function allowing staff to create recurring events where the same event, such as monthly commission meetings, can be setup in one easy step. It allows weekly, monthly, and yearly recurring events (i.e. it can use calendar dates, as in the 5' of each month, or days, as in the first Tuesday of each month). Once the individual events are defined, staff can edit them independently. This enables each event to have its own unique description, agenda, and other information. Document Central One of the main reasons people visit a local government website is to get information and download important documents and forms. With the Document Central, website visitors can easily find the information they need, and the County can slash the printing or distribution costs for all types of documents. Based on contractor's extensive experience in content management, the Contractor recommends a centralized location for all documents. This allows website visitors to browse for documents from a single, categorized location as well as to access the information from individual pages within the website. Furthermore, it allows easier administrator management of the documents, thus preventing confusing links and ensuring there are not multiple versions of the same document throughout the site. The County can also replace a file in the Document Central and eliminate the need for updating links to documents from within pages throughout the website. Contractor recommends all documents be stored in Adobe Acrobat PDF format to enable everyone to view, regardless of platform. However, most types of files, including Microsoft Word, Excel, graphics files, and audio or video clips, may also be uploaded. Design Themes The Design Themes tool allows the County to give subsections of the website their own unique look and feel. This provides overall navigational and page layout consistency for website visitors. The navigational and page layout consistency will make navigating the site easier for users; the structure will remain the same throughout the website. At the same time, however, by being able to apply different graphic designs and color schemes to different sections, the County can incorporate distinct branding elements into a single website. To make it easy for staff, they simply select the design theme to be applied to the page, from a list of available options that Contractor defines for the content management tool. Included in the scope of the project is the graphic design, creation, and implementation of up to six Design Theme templates. NOTE: The Design Themes will be used to give each division its own unique design theme. Dynamic Banners While County's site will include graphical banners that make the website attractive, changing the banners from time -to -time will keep the website fresh and interesting. While Vision Internet can change the banners at any time, for an incremental Agenda Item No. 16174 January 24, 2006 Page 12 of 31 maintenance fee, with Contractor's Dynamic Banners tool the County can change the banner images at any time. With the simple to use interface, County could easily upload pre -sized photos or graphics to replace existing banner graphics. For the project, Contractor can implement Dynamic Banners to allow County to apply a different banner for individual pages, the overall website, or on a rotating basis. Contractor will work with County to determine the best implementation for County's needs. Dynamic Homepage A Dynamic Homepage is one of the cornerstones of a successful website. It can automatically display content from most of the Interactive Components included in the project. This reduces staff time in maintaining the site, while drawing attention to the most important content right on the homepage. When combined with the Calendar and News components, it is a great way to keep the site fresh by ensuring that website visitors are exposed to perishable content like news and events. Contractor will work with the County to determine the best layout for the Dynamic Homepage. Contractor will then implement a predefined template that may incorporate links, introductory or teaser text, and even photo thumbnails of events from the Calendar, and articles from the News and Newsletters component. Included in the project are two dynamic homepages. They include homepages for: ❑ The overall county site. ❑ An Emergency Information section of the site. Dynamic Department Homepages In addition to the overall enterprise level homepage, each department will have a Department Dynamic Homepage which will list information from their specific department. Additionally it will have a page header that reflects the name of the department. The overall look and feel of the page plus the navigation; however, will be consistent with the overall website. To the side is an example from the City of Arcadia, California. The implementation of Dynamic Department Homepages does not include graphic design for each individual department, while it is available for an additional fee. e- Notification The e- Notification tool provides a sign -up box allowing users to add their email addresses to receive important notices, and set their preferences for the e- notifications they would like to receive. Each registration is verified via a confirmation email that the user must respond to in order to complete the registration process. This same mechanism allows each user to change preferences including opting out from subscription lists. To better manage the e- notification process, staff can see how many subscribers there are for each category, plus edit subscriber information and export the subscriber database for use in other systems. The e- Notification tool also integrates with the News and Newsletters components, providing the ability to broadcast news and newsletter content from the website to Agenda item No. 16F4 January 24, 2006 Page 13 of 31 subscribers. There is no need to recreate the content. This integrated approach enables users to sign up for different types and categories of content on a single subscription page in order to have it delivered directly into their email box. The County is interested in exploring alternative modes of distributing the information beyond email. Contractor recommends integration with Tele -Works FirstResponder to provide broadcasting of information by fax, voice, TDD/TTY, and SMS. This system and integration would be an additional fee. Frequently Asked Questions Website visitors are able to browse the list of questions (and answers) by categories the County defines. Because multiple categories may be assigned to each question, visitors will be able to find answers, based upon the category that best matches what they are looking for. Staff is able to input all questions and answers through a simple, centralized interface where they enter the question, the answer, and assign one or more categories to the FAQ. Image Library The Image Library is a centralized place where all images used in the website are stored. This saves space as there is a single version of each image used on the website. This also provides greater control, as the County can restrict the ability to add new images to specific staff members. When deleting images from the Image Library, they are archived to prevent accidental broken links within the website. Link Library Site visitors appreciate having links to important information and resources. The interactive Link Library provides a better alternative because it allows users to browse links they are interested in; based upon categories the County predefines. Since there may be several categories that apply to an individual link, multiple categories can be assigned to each link without double entry. The County can give each link a name, add a description, and a thumbnail photo. Members Only Section The Members Only Section(s) allows the County to restrict content to registered users of the site. This is great for use as an extranet where the County shares information with partners and other persons outside of the organization or as an intranet where only employees are allowed to access sections of the website. With the Members Only tool, the County can define an unlimited number of groups such as employees, partners, and executive management. Registered users can belong to any number of groups and any number of groups can be associated with most pages in the website. Once implemented, the website visitors will need to log into the website using a user name and password to view the Members Only pages. While the basic Members Only tool includes functionality (to restrict viewing pages in the navigation of the website), the Contractor also offers the ability to restrict viewing content in the interactive components, such as the News and Calendar. This is helpful if the County wants to have select news or events view only by members. An additional fee applies for implementing the functionality within the interactive components. Agenda Item No. 16F4 January 24, 2006 Page 14 of 31 Multilingual (Spanish) Site The Contractor will create a separate homepage and Emergency Information homepage in Spanish that will be based upon the English versions of the pages. The graphics and top -level navigation, however, will be translated into Spanish and link will be added to the page header of each site allowing users to easily switch between the different language sites.. The County will then add the alternative language pages into the website using the same content management tool as the main website. The County may also want to have alternative language content from the other interactive components, such as Calendar and News. Spanish language versions of these are available for an additional fee. Translation of content is also available for an additional fee as is the adding of additional languages that could include multi -byte Asian languages. News and Newsletters News can take many forms, including press releases, newsletters, feature stories, and "what's new" content. The News and Newsletters component can support each of these types in a single section of the website or have their own. To ensure usability for website visitors, while providing simplicity for staff, news content is automatically moved to an archive section at a predefined interval such as 90 days after publishing. Website visitors can browse the archive by filtering news articles based upon defined categories and date ranges of interest. It is a great way to provide a historical archive while making it easy to administer. The project includes up to two types of news. Site Search Site users can find the specific content they need through the powerful search engine dtSearch. The tool will search both HTML pages and documents like Adobe PDF files and Microsoft Word documents. It will return results in order of relevance based upon frequency of search words in the page content or metadata. In an optional, advanced mode implementation, dtSearch supports full Boolean key word searches. This is third party software that needs to be installed on the web server. Sitemap Generator Some people prefer to navigate from a central sitemap where they are able to quickly see a snapshot of the overall website structure. Additionally, most blind people will use the sitemap as the principal source of navigation because it is much faster for their screen reader software to move through the site. The Sitemap Generator makes it easy for website visitors, and staff alike, by automatically generating a sitemap based upon the current site hierarchy. When a change is made to a page location on the website, it is automatically updated on the sitemap. This ensures up -to- the - minute accuracy, and is much easier than staff having to maintain a static sitemap. Staff Directory It is often difficult for website visitors to find the correct person or department to contact in a government agency. The useful Staff Directory component makes it easy to locate the correct contact. It can list all staff persons, departments, even related agencies and partners, along with their contact information and description of their Agenda Item No. 16F4 January 24, 2006 Page 15 of 31 role, or area, of specialization. Website visitors can easily filter the list of staff based upon name, department or other criteria determined to be important for the website visitors. The Staff Directory will "mask" email address so the harvesting software used by spammers cannot automatically pickup email addresses from the website. Optional Interactive Components Below is a sampling of other components available from the Contractor. They may be added to the project at any time for an additional budget. ❑ Advanced Form Creation Tool ❑ Business Directory ❑ Crime Statistics ❑ Donation Acceptance Tool ❑ e- Postcards ❑ e- Procurement Tool ❑ Event Registration ❑ Facilities Database ❑ Forward to a Friend ❑ Intranet/Extranet • Itinerary Builder • Job Applicant Manager ❑ Job Posting ❑ Media Center ❑ Meeting Agenda and Minutes ❑ Message Board ❑ Most Popular Pages ❑ Officials' Corner ❑ Photo Gallery ❑ Real Estate Listings ❑ RFP Posting ❑ Road Alerts ❑ Online Payments ❑ Survey Tool ❑ Tax Database ❑ Team Collaboration • Virtual Tours • Weather Update Contractor believes these tools to be of greatest benefit to the County: ❑ e- Procurement Tool ❑ Job Postings • Job Applicant Manager • Meeting Agenda and Minutes e- Procurement Tool ❑ Most Popular Pages • Officials' Corner • Photo Gallery ❑ Road Alerts The Vision e- Procurement Tool is an advanced application with everything needed to manage the bidding process. It includes tools for supervising vendors, addendums, questions and answers, posting bid opportunities, and accepting online bids. The tool features: ❑ Vendor registration and management tools ❑ Bid opportunity posting ❑ Bid scheduling ❑ Online bidding, including uploading and encryption of proposals and other documents ❑ Automated tabulation ❑ e- Notification of bid opportunities, addendums, and answers to questions Agenda Item No. 16F4 January 24, 2006 Page 16 of 31 ❑ Q&A management tools Job Postings Job Postings is one of the most popular types of content on local government websites. By posting jobs within the site, the County is both attracting possible candidates, plus averting the flood of telephone inquiries about jobs that do not exist. This, of course, keeps administrative costs down. The Job Postings tool makes posting jobs a snap. County HR staff simply fills out a form that can have any number of fields the County defines (such as position, department, salary, and benefits). Postings can be scheduled as to when they go live on the website and when they expire, thus reducing administrative time and costs. To make it easy for users, postings can include interactive tools for filtering available positions by category, type of position, posting date, and salary. As is normal for all Contractor's components, staff is able to define the categories or classification of Job Postings. Job Applicant Manager With the Job Applicant Manager, website visitors can apply for jobs online by filling out an application and submitting it for a specific job or for possible future jobs. The information is stored in a central database, and when submitted for a specific job, it is emailed to the manager responsible for hiring the position. HR can generate lists of prospective employees via interactive tools where they filter by skills, experience, salary requirements, and /or date application is submitted. Meeting Agenda and Minutes Meeting Agenda and Minutes is a staple to virtually all local government websites. It offers various advantages such as allowing you to quickly, and immediately, make public information available, while at the same time reducing your costs for distributing information. Our standard content management tool allows you to post this type of information, however our advanced Meeting Agenda and Minutes tool provides much more. Integrating with the Calendar tool, administrators can add agendas and minutes in a single, easy step. By letting website users access meeting information, agendas and minutes directly on the website, you can reduce printing and postage costs while improving responsiveness. Our Meeting Agenda and Minutes tool allows users to easily view current, or archived, meeting information when they wish. This will allow non- technical staff to quickly and easily add, delete, or modify agendas, minutes, handouts, action items, and related documents. Most Popular Pages With the Most Popular Pages Tool, users can filter lists of pages by the department or topic the County's staff has assigned to the pages. Because the tool also tracks how many times each page is viewed, the list shows the most popular pages in descending order. The interactive list may be displayed within a box on the homepage, on sub - pages, and as its own full interactive page. Agenda Item No. 16F4 January 24, 2006 Page 17 of 31 Official's Corner Elected officials enjoy having the ability to communicate directly with the community, and residents will appreciate seeing regular updates from those that serve them. The Officials' Corner enables elected officials to directly keep constituents informed about what is happening in the community via their own blog. Website visitors are able to browse a list of elected officials, see descriptions of the roles and responsibilities of the positions, and view a bio of the serving officials. Users can view the current blog, message, or updates that are posted by the official, or scan through a list of archives. A staff member can easily add or remove officials following an election that results in turnover. Officials are able to post updates at any time through a secure and simple interface within the content management tool. Photo Gallery Nothing spices up a website like pictures. With the Photo Gallery component, website visitors can browse pictures. Users can view photo albums defined by staff, and either look at photos via clicking on thumbnails or simply viewing them all in a slide show. While the County can setup the basic photo albums with the Contractor's content management tool, the Photo Gallery component includes several tools to make administration much easier. Simply upload the image to the new album, and add a caption; thumbnails are automatically created and added to pages based upon the predefined template. Also, to ensure accessibility, and Section 508 compliance, the necessary alt -tags are automatically added to each photo. Road Alerts Contractor can create a custom interactive tool where registered users can receive email notifications of road closures and traffic disruptions and where they are able to interactively view road information by region or other types of categories. Integration of Third -Party Tools and Databases Today, there are many advanced tools for such functions as: ❑ Class Registration ❑ Permitting ❑ Service Requests (CRM) ❑ Streaming Video ❑ Others Contractor will provide an HTML template that vendors of third -party tools can use to give them the same look and feel as the overall website. Contractor will also integrate links to these third -party tools, into the overall website navigation. Implementation Process To ensure the project meets the County's expectations, each stage of the implementation process has formal review and approval points to give the County full control of the project and ensure the final website meets expectations. This process is explained in the sections below. Agenda Item No. 16F4 January 24; 2006 Page 18 of 31 Stage 1: Vision Stage In the Vision Stage, Contractor work with the County to create the vision for the website now and for the future. The Vision Stage places heavy emphasis on the objectives of the website and how it supports the overall organizational goals. The Contractor will perform surveys of internal stakeholders, and optionally survey target audiences. The heart of this stage of the project is the brainstorming sessions where Contractor will discuss the County's current website, results of surveys, needs of users and staff, and possible approaches for the future. Stage 2: Concept Stage In the Concept Stage, Contractor will create the blueprint for realizing the vision. To do this, Contractor will develop the site infrastructure that includes: ❑ Creation of a navigation strategy that supports easy access to information. ❑ Categorization of pages according to the navigation strategy. ❑ Creation of a conceptual sitemap. The navigation or information architecture will take into account current needs plus allow for future expansion. ❑ Recommendation of interactive components to support easy navigation through special types of content, such as events and news. ❑ Drafting of a homepage layout wire frame that shows the placement of key information and dynamic content. The Concept Stage ends with the County's approval of the s temap and homepage layout. Stage 3: Design Stage In this stage, Contractor's creative team will continue with the creative graphic design for the homepage, based on the approved homepage layout wire frame. Contractor will work very closely with County staff to establish a look and feel for the website that reflects the County's unique identity. Website /Graphic Design will include: ❑ Up to three (3) homepage design concepts to establish direction. ❑ Efficient and streamlined navigation and site architecture. ❑ Section 508 Accessibility Compliance ❑ Consistent graphics, structure, and navigation design. Towards the end of this stage, Contractor will present final homepage design concepts for approval. County will select one for implementation in the new website. Stage 4: Development Stage This stage includes the interior page design and programming the website according to the approved specifications and creative design. Programming will include the implementation of the content management tool and development of the interactive components. Contractor's creative team will give direction for the sublevel page design. This stage also includes the migration of up to 2,500 pages of content into the website. Agenda Item No. 16F4 January 24, 2006 Page 19 of 31 Stage 5: Quality Assurance, Documentation, and Training Stage While quality assurance is an integral part of every stage of the project, in the Quality Assurance Stage Contractor will do extensive testing and reviewing of the website code. Contractor will thoroughly follow an exhaustive checklist of all pages and functions created during the development stage. The County will have a staff representative participate in this process to verify the site fulfills the expectations for the project. Within this stage, Contractor will also provide training for the content authors from each of the departments in addition to an overall system administrator. For content authors, the Contractor will train them on how to create and update content using the content management tool and for the administrator the Contractor will instruct on managing security, system configuration, and other advanced topics. A custom trainingt manual and reference is provided for updating the website. The manual incorporates screenshots from the Coum's website making it easy for staff to understand and use. Stage 6: Launch Stage In the Launch Stage, the website is moved to the production server. Contractor will perform final testing, and, once the County approves the final site, it will be launched and made available to the public. Contractor will continue to monitor the website over the next three months to make sure that the entire site is functioning properly. Agenda Item No. 16F4 January 24, 2006 Page 20 of 31 EXHIBIT S COMPONENT PRICING Within the Scope of Work (Exhibit "A "), is a list of included and optional components. Contractor will exchange components of equal value during the Concept Stage of the project if it is determined to be of best interest to the County. The pricing for Included Components are outlined below while the pricing of optional components follows. Included Component Values Component Value Base Price' $38,041 Migration $31,275 Calendar $3,660 Document Central $0 Design Themes $4,740 Dynamic Banners $1,560 Dynamic Homepages (2) $6,460 Dynamic Department Homepages $1,560 e- Notification $4,800 Frequently Asked Questions $2,760 Image Library $0 Link Library $3,420 Members Only Section $5,448 Multilingual (Spanish) Site $7,056 News and Newsletters $3,660 Site Search $3,315 Sitemap Generator $0 Staff Directory $4,020 Total $121,775.00 Included Additional Services Included in the scope of the project are additional hours for graphic design and a Style Guide. A total of $2,400 (24 hours) has been added for the graphic design and $1,600 (16 hours) for the Style Guide. The extra graphic design time is allocated for the Design ' Base price includes design, consulting, training, documentation, and content management .- . tool. Agenda Item No. 16F4 January 24, 2006 Page 21 of 31 Themes, Dynamic Banners, Department Homepages, and the Emergency Information Homepage. Optional Component Pricing The following components may be swapped for included components (listed above) for those of equal value. Component Value e- Procurement Tool $19,950 Job Postings i $4,020 Job Applicant Manager $4,020 Meeting Agenda and Minutes i $3,050 Most Popular Pages $3,660 Officials' Corner $4,020 Photo Gallery $4,020 Road Alerts $4,020 Agenda Item No. 16F4 January 24, 2006 Page 22 of 31 EXHIBIT C PROJECT SCHEDULE The table below shows Contractor's expected development and launch schedule along with a list of key deliverables /milestones. Contractor will work with County to establish a final development schedule and can, if required, work with the County to find a way to reduce the project schedule. islon Sage . r 7 surveys _ 2 -4 Weeks fl'takelaolder r�•; �� =�3"it 47in•^JL��i��n��a��,Y : }. 5 Cacept Stage xy rdya " r � �, �onceptual�zed s�fiema� : ; 2 - 4 Weeks 1 w. <omgpag+layoutw�rera'me Dessc�4 Stage �. `tree hamepage design comprehensives n 3 - 4 Weeks dCust ©m rcc+ns, buttanscresn elernens and b-ackg�`eunds�." Camplet navigat�c�p ds►gr� .., > ; t� ' evel ailment Stago ramming of the we. site` '° ° 4 - 9 Weeks , P •s 1 ' " %llt r pn ,af; xap to 2, l a04 0. doh nt ! x f uality Asstirartce "a, 6 Dacurentation Stage fl Completed website a, a t�`arriing man a r. 2 - 3 Weeks .� ustornizecl D Custorntzed'style gcaider „ u Ch,tite Tram�ng r Soft,Lerancii° &Final Launch *ayvtove weiasite to production seruer 2 Weeks ' Continued final te'stmc n ,.Website goes live:" otal estimated time to launch 115 - 26 Weeks * The schedule may vary largely depending on optional components and participant decision times. Agenda Item No. 16F4 January 24, 2006 Page 23 of 31 EXHIBIT D WEBSITE DEVELOPMENT, HOSTING AND MAINTENANCE SERVICES TERMS AND CONDITIONS 1. Intentionally left blank. 2. Intentionally left blank. 3. Contractor agrees to perform Website Development as described in "Exhibit A" at a price of $121,775. (a) County agrees to pay Contractor as follows: (i) A payment equal to 40% ($48,710) of the total cost upon County approval of the site map; (ii) A payment equal to 20% ($24,355) of the total cost upon County approval of homepage design comp; (iii) A payment equal to 20% ($24,355) of the total cost upon implementation of the Vision Content Management Tool on a Contractor's server, (iv) A payment equal to 20% ($24,355) of the total cost upon completion of the website and County approval. (b) During the Vision and Concept Stages of the project, the Scope may change to incorporate different components than originally conceived. A listing of component values, for purpose of exchanging components, is listed in "Exhibit B ": 4. Documents & Data; Licensing of Intellectual Property This Agreement creates a non - exclusive and perpetual license for County to copy, use, or modify for its own use, any and all copyrights, designs, and other intellectual property embodied in this website, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "), to which Contractor retains ownership of all intellectual property rights. 5. Contractor shall provide for one unique domain at no charge, monthly website hosting and database hosting on a shared server ( "Hosting ") for a period of three months commencing on the date of the website launch. Hosting after the fast three months will be billed to County at the rate of $200 per month for a period of nine months ( "Initial Term "). With respect to the Initial Tenn, unless one party has given written notice to the other party of its intent not to renew this agreement at least thirty (30) days prior to expiration of the Initial Term, this Agreement will continue in effect on a year -to -year basis thereafter until one party gives written notice to the other of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of any renewal term. Agenda Item No. 16F4 January 24, 2006 Page 24 of 31 6. Contractor shall provide at no charge, monthly website maintenance and updates ( "Maintenance') for up to five hours each month for a period of three months commencing on the date of the website launch. Services and maintenance beyond five hours per month in the first three months are provided according to the terms described in Exhibit E, Annual Maintenance Services Agreement. Services and maintenance after the first three months are provided according to the terms describer) in Exhibit E, Annual Maintenance Services Agreement. 7. Additional services not covered in this Agreement and extra hours will be presented to County for approval prior to commencement of work ("Extra Work"). Extra Work will be billed at Contractor's prevailing hourly rates, which are currently as follows: HTML Programming, Data Input, $75/hr, Graphic Production $85/hr; Quality Assurance, Testing, Debugging, Webmaster Services, $95/hr; Consulting Project Management, Database Design, Dynamic Programming, $125/hr, Graphic Design, Training, $100/hr, Straight flatbed scanning will be billed at $10 per scan. Touch up work to images will be billed at the Graphic Design hourly rate. County shall be responsible for any or all additional fees including, without limitation: photography, stock images, illustration, scanning, software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendors if applicable. 8. Intentionally left blank. 9. County shall supply all information to Contractor in digital format including without limitation copy, text, audio files, video files, pdf files, photographs, artwork and preexisting graphics. 10. County understands that Contractor will develop website frontend to be compatible with Netscape 6.1 and above and Internet Explorer 5.5 and above. Website backend will be compatible with Internet Explorer 5.5 and above. Website may not be compatible with previous versions. Website will be optimized for 800 x 600 pixels resolution or above. County understands that the website will be developed with Hypertext Markup Language CUTML "), JavaScript, and Microsoft Active Server Pages 3.0 or Microsoft ASP.NET ( "MS- ASP") interfaced with a database created in Microsoft SQL Server 2000 ( "MS- SQL "). County understands that the website is developed to run on a Microsoft Windows 2000 Server or Microsoft Windows 2003 Server ( "MS- Server"). County is responsible for the costs of all software licensing. County understands that the website frontend will be designed to be compliant with Section 508 guidelines on accessibility. Content migrated into the website by Contractor will also be compliant. Compliance standards will be verified via Watchfnre's BobbyTM software prior to Completion. County understands that website backend and third party tools may not be Section 508 compliant. 11. Limited Warranty: Contractor does warrant that all of the deliverables included in this Agreement will be conveyed to County. All programming code developed by Contractor within the project is warranted for a period of twelve (12) months from the date of the completion of the website ( "Completion "). Contractor will create a back up of the website on the date of Completion. If any warranted problem arises while County or its designee is maintaining the website, Agenda Item No. 16F4 January 24, 2006 Page 25 of 31 Contractor will restore the website back to its condition as it existed at Completion. If Contractor is maintaining and hosting the website, Contractor shall restore the website back to its condition as it existed at the day of the most recent backup. Contractor shall only be responsible for any costs associated with correcting any unmodified programming code during this twelve (12) month period following the Completion. Except as expressly set forth in the immediately preceding paragraph, CONTRACTOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE WHATSOEVER. In no event, at any time, shall the aggregate liability of Contractor exceed the amount of fees paid by County to Contractor and Contractor shall not be responsible for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused. 12. Contractor does not warrant any results from the use of any web pages created under this Agreement, including but not limited to, the number of page or site visitations, download speed, database performance, or the number of hits or impressions. 13. Although Contractor may offer an opinion about possible results regarding the subject matter of this Agreement, Contractor cannot guarantee any particular result. County acknowledges that Contractor has made no promises about the outcome and that any opinion offered by Contractor in the future will not constitute a guarantee. 14. Contractor may use any web pages developed for the County in any of its own promotional materials as examples of its work. County agrees that Contractor may place in the website footer an unobtrusive text link reading "Developed by Vision Internet" or the equivalent. Contractor's footer text credit shall always be Iinked to a Contractor web page. 15. Each Party warrants that it holds all rights necessary to display all the images, data, information or other items being displayed at the County's web pages during the effective period of this Agreement. County expressly authorizes Contractor to display and/or modify any County supplied images, data, information and other items in connection with the services provided herein. 16. County agrees to use the website in strict accordance with, but not limited to, all local, state, and federal laws. County hereby agrees that any text, data, graphics, or any other material published by County on its website is free from violation of or infringement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others, and is free from obscenity or libel. 17. Intentionally left blank. 18. With regard to web hosting, the Parties agree to the following: (a) Contractor shall not be responsible for limitations including but not limited to service interruptions, server down time, loss of data, or access speed. The reliability, availability and performance of resources accessed through the Internet are beyond Agenda Item No. 16F4 January 24, 2006 Page 26 of 31 Contractor's control and are not in any way warranted or supported by Contractor. Except as expressly set forth in this Agreement, it is County's responsibility to maintain the website and make back -ups of all hosted files. (b) County agrees not to use any process, program or tool via Contractor for gaining unauthorized access to the accounts of other Contractor clients, customers or account holders or other Contractor systems. County agrees not to use Contractor services to make unauthorized attempts to access the systems and networks of others. Any attempt to do so will result in immediate termination of Contractor services at Contractor's discretion. 19, Intentionally left blank. 20. Intentionally left blank. 21. Estimated times are included for convenience. Actual times will vary depending on County interaction and participation. However, the Parties agree to reasonably cooperate with one another in the construction and design of the website in a timely manner. 22. Intentionally left blank. 23. The waiver by one Party of any term or condition of this Agreement, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach. 24. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein. 25. With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that he, she or it (a) has read each of the terms set forth herein, (b) has the authority to execute this Agreement for such person or entity, and (c) expressly consents and agrees that the person or entity upon behalf of which the undersigned is acting shall be bound by all terms and conditions contained herein. 26. It is understood and agreed that if any interpretation is to be made of this Agreement, the same shall not be construed for or against any of the Parties. 27. The Parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions described herein. In the event a Party chooses not to seek independent legal counsel, that Party does so freely and knowingly and waives any such rights to counsel. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Agenda Item No. 16F4 January 24, 2006 Page 27 of 31 28. Should a dispute, including but not limited to any litigation or arbitration be commenced (including any proceedings in a bankruptcy court) between the Parties hereto or their representatives concerning any provision of this Agreement, or the rights and duties of any person or entity hereunder, the Party or Parties prevailing shall be entitled to reasonable attorney's fees and court costs incurred by reason of such action. 29. Except for any injunctive relief or similar remedy, which may be sought in any court of competent jurisdiction, any controversy, dispute, claim or counterclaim, whether it involves a disagreement about this Agreement or its meaning, interpretation, or application; the performance of the Agreement; questions of arbitrability as to subject matter of the dispute; whether an agreement to arbitrate exists and, if so, whether it covers the dispute[s] in question; or any other question of arbitrability or form of disagreement or conflict among the Parties to the Agreement, shall be submitted to final and binding arbitration at the request of either Party, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each Party shall be responsible for one -half of the costs for the arbitrator(s) and arbitration. 30. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement. This Agreement becomes effective upon Contractor's receipt of an executed copy of this Agreement. 31. Force Majeure: Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within ten (10) days after occurrence of such cause or event. 32. In the case of any conflict between the Terms and Conditions, Proposal and incorporated exhibits, the following order of priority shall by utilized: Exhibit A, Scope of Work; Exhibit B, Component Pricing; Exhibit C, Project Schedule; Exhibit D, Website Development, Hosting and Maintenance Services Terms and Conditions; Exhibit E, Annual Maintenance Services Agreement; Proposal; and RFP #05- 03864. 33. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 34. The titles and headings of the paragraphs of this Agreement have been inserted for convenience of reference only and are not intended to summarize or otherwise describe the subject matter of such paragraphs and shall not be given any consideration in the construction of this agreement. 35. Intentionally left blank: Agenda Item No. 16F4 January 24, 2006 Page 28 of 31 EXHIBIT E ANNUAL MAINTENANCE SERVICES AGREEMENT This Agreement is made on January 24, 2004, between the Collier County ( "County"), and Vision Internet Providers. Inc. ( "Contractor''. This Agreement shall begin on the date of the launch date (the date the website is made available to the public), of the County's website unless otherwise requested by the County and agreed to by Contractor and shall remain in full force and effect for a period of one year as described below. Free maintenance hours described in Exhibit D, paragraph 6, will be utilized prior to drawing upon hours provided as part of his agreement. This Agreement, and any Attachment signed by the Parties attached hereto, represents the complete agreement and understanding ( "Agreement") between Contractor and County and supersedes any other written or oral agreement with regard to the maintenance services provided for herein. Any modification of this Agreement is valid only if the modification is in writing and signed by both Parties. County and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." WITNESSETH: WHEREAS, the County proposes to have its website maintained by an outside contractor; and WHEREAS, the Contractor is qualified and experienced to perform those services ( "Maintenance Services "); NOW, 'THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: a. Contractor shall do all work and carry out all activities necessary for completion of Maintenance Services. b. Contractor enters into this Agreement as an independent contractor and not as an employee of the County. The Contractor shall have no power or authority by this Agreement to bind the County in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the County. The County shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from County's Initials Contractor's Initials Agenda Item No. 16F4 January 24, 2006 Page 29 of 31 performance of this Agreement. 2. Contractor will provide maintenance services to County in exchange for payment of fees and compliance with this Agreement. 3. Contractor agrees to perform website maintenance up to ten (10) hours per month at a price of $1,000 per month. Maintenance beyond ten (10) hours per month is optional and considered Extra Work as described in Paragraph 4. Any unused hours in a given month will be applied to the following month ( "Surplus Hours "). In the event there are Surplus Hours at the end of twelve months, Contractor will allow County to apply these hours to website component development, provided that: a. Contractor has been paid in full, and on time each month, b. Any work to utilize Surplus Hours is requested by County prior to the end of the thirteenth month, and C. Work requested by County can be reasonably completed by Contractor by the end of the fourteenth month. In the event that the conditions of 3 a, b, and c above are not fulfilled then all Surplus Hours are forfeited. 4. Additional services not covered in this Agreement and extra work (i.e., work beyond the ten hours per month) may be requested by County from time to time under this Agreement ( "Extra Work "). Extra Work will be billed according to Exhibit D, Website Development, Hosting and Maintenance Services Terms and Conditions, paragraph 7. 2 County's Initials Contractor's Initials CERi1FICATE OF INSURANCE STATE FARM FIRE AND CASUALTY COMPANY. WOM1041M. IEnOIS STATE FARM GENERAL INSURANCE COMPANY, ft"T WAn. tnkats STATE FARM FWE AND CASUALTY COMPANY, Scwbwm*h, O^tara STATE FARM FLORIDA INSURANCE COMPANY, Wk der Hawn, Florida ❑ STATE FARM LLOYDS, Deltas, Tense intones tw foi moo pokyholder tier the C M 29" indloeled below Named pow of poscyt~ LOG~ Of overabons DesaONon of operibons vision Internet Providers. Ifte- 2430 utishire Blvd. 2"° Floor, Santa Honica, CA. 90403 same Agenda Item No. 16F4 January 24, 2006 Page 30 of 31 The pohcws Trued b0orr hats been issued to the polk Mkler for the policy panods shown. THe w+sursnae www.0 ., W. Pum-ma wa su6Wd to ell the terms exdusi ws, end condbwm of thoss poWes. The Tamils of Halms shown rmy hate bean red<toe l by NJ pekl deirns. - POLICY "LILU l -__ -. POLICY waa TYPE OF INSURANCE Enwth a De* ; Deb LAWS 1a %"- Lip "M r , Ntb*O�g of POCIC ► fw+cd) 92 -07- 3583 -1 CwpaehWMdve 10/23!05 iD/23/05 BODILY INJURY AND PROPERTY DAMAGE Susinets L - -•------- • - - - - -- ------ - - - - -- Ti itasurancae inc;Mrdes: F'roduiis - Comple ted t>Qe wbons ® Contre etw Lfebitity Eaph Occurrence $1,000,000 ® Unde Vmund Hazard CvveraG�e Persona! "Y AdveRisi'19 Gelrerel AWeDOO S 2, ODD, D00 Ezpinsion Hazard Coverw Products — Competed $1,000,000 � Gokapse Hazard Goverdga ® PROPERTY DAMPZE AA9 e NON ORNED AtTt'0 POLICY PE UO0 BODILY INJURY AND PROPERTY DAMAGE EXCESS LWBILTTY mectho Dssa : Dow (Combined Sipple Liman ❑ Umbrdle Esch Ooaxcenee S voter Agg g s Pert i STATUTORY Pad 2 BODILY INJURY W'otkeW Compensa Wn end Empioym Umbft Each AcddeM S onewe Each Employee S Disease - Polity LkMf $ P'OUCY PERIOD LIIIIpTS OF LIABILITY POLICY UUMQER TYPE OF IMIRAWE eve gate : Expkwlan Daft tat bughwdnp of pofty WMW) HOMEOWNERS INS TUN r WWTW7r_LTF fW N- MMRANCE Is NOT A CONTRACT OF insIIRAwcE Alai Nlr1THER AFFININATNELY NOR NEGATIVELY ANIEWaS, EXTENDS OR ALTM THE COVERAGE APPROVED BY ANY POLICY In P910 PD HMMIL This insurance is primary as respects to the contract with K omit of the den bed poWeI are caromed bAn a city of Carson. Any other insurance provision shall not IM expkaWn dell. State Form vA try to mail at rNa apply to the additional inm»rtd nobee in the cahrOmte t*kW 30 dep before co r illation. N howew►. we fed to Waif such notice, no demon or half" vAq bs imposed on State Fawn or ft agents or ropresa t 6me, Name and Address of Ceffifce/e HOMW Collier toaaty 3301 E. Taaiami Trail Naples. FL. 34112 AFO Cross 1246 MICHAEL WILLIAMSON 2497 S. Bundy Drive Los Angeles, CA a0os4 S9eresaa.s aa-esw Fr+wteetiusA (310) 312- 0031 -Fax (310) 312 -3: Agenda Item No. 16F4 I- 7A 7nnr_ ACORD CERTIFICATE OF INSURANCE ISSUE DATE Page 31 of 31 IMMIDD,YYI 12/01/05 PRODUCER THIS CER nFICATF. IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Kevin S. Reid Insurance Se Vz &V UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT 2530 Wilshire Blvd., 3rd F1 j MEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Monica, CA 90403 COMPANIES AFFORDING COVERAGE INSURED L COMPANY Vision Internet Providers, f ffieANY Insurance Company COMPANY Santa Monica, CA 90403 C LETTER C COMPANY LETTER D COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO T TYPE OF INSURANCE P POLICY NUMBER P POLICY EFFECTIVE P POLICY EXPIRATION L LIMITS GENERAL LIABILITY G GENERAL AGGREGATE S S COMMERCIAL GENERAL LIABILITY P PRODUCTS - COMP /OPS AGG $ $ PERSONAL & ADV. INJURY $ $ OWNER'S S CONTRACTORS PROT. E EACH OCCURRENCE $ $ FIRE DAMAGE (Any one hre) 3 3 MED. EXPENSE (Any one person l l $ AUTOMOBILE LIABUTY C COMBINED SINGLE ANY AUTO L LIMIT 3 3 ALL OWNED AUTOS B BODILY INJURY SCHEDULED AUTOS ( (Per person) g g HIRED AUTOS P PROPERTY DAMAGE S S EXCESS LIABILITY E EACH OCCURRENCE $ $ UMBRELLA FORM A AGGREGATE $ $ OTHER THAN UMBRELLA FORM x 3 WORKERS'COIYPENSATION P Policy # # S STATUTORY i EACH ACCIDENT - -1,000,00 IP I ION VF UPt: RAT1oNS /LOCATIONSIVEHICLES/SPECIAL ITEMS w> c nv�.uar, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIET) BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COLLIER COUNTY COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL 3301 E . TAM I AM I TRAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND NAPLES, FL 34112 UPON THE COMPANY, ITS AGENT AUTHORIZED REPRESENTATIVE Agenda Item No. 16175 January 24, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to reject Bid # 05 -3891 for the purchase of Emergency Medications. OBJECTIVE: To procure emergency medications in a cost - effective manner through the County's bid process. CONSIDERATIONS: On September 16, 2005 bids were solicited by the Purchasing Department. The requests for bid were issued to twenty -nine firms. Two firms responded by the deadline of October 12, 2005. Staff recommends rejecting the bids from the two responding firms, RX EMS and Henry Shein. Because only two qualified bids were received, staff does not believe it is possible to obtain emergency medications in the most effective manner; nor did this bid allow for exchange for any expired medications, which would result in significant savings to the County. Staff has learned of other counties' contracts that would achieve cost savings and allow for effective deliveries of medications. FISCAL IMPACT: Funds for these services are available 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 rejects Bid #05- 3891 to the two firms listed above and further authorize staff to piggyback other counties' agreements for these services. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Agenda Item No. 161`5 January 24. 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONEF:S Item Number: 16F5 Item Summary: Recommendation to reject Frill #05- for the purchase of Emergency Medications. Meeting Date: 1124'2006 9.00 OD AM Prepared By Jeff Page EMS Chief Date Bureau of Emergency 12/26/2006 1:30:10 PM EMS Services Approved By EMS Chief Date Jeff Page Bureau of Emergency 12128f2005 2:22 PM EMS Services Approved By Scot! Johnson Purchasing Agent Date 121201(2005 12:16 PM Administrative Services Purchasing Approved By Mike Hauer Acgulsdion Manager Date 12!2912005 4:22 PM Administrative Sam,— Purchasm9 Approved By Steve Cornell Purchastngh3eneral Svcs Director Date 1/3/200611:31 AM Administrative Services Purchasing Approved By Darcy Waldron Senior Administraiive Assistant Date 1/412006 9:02 AM County Manayer's Office Emergency Management Approved By OMB Coordinator Administrative Assistant Date Manager's Office Office of Management &Budget 1!612006 1:09 PM County Approved By Dan E. Summers Bureau of Emergency Services Director Data 1!10/2006 11:24 AM County Manager's Office Bureau of Emergency Services Approved By Gary A. Vincent Management & Budget Analyst Date Manager's Office Office of Management & Budget 1/111200612:11 PM County Approved By Michael Smykowski Management & Budget Director Date County Manager's Office office of Management 8 Budget 1112!2006 4AT PM Approved By L.. E. Ocs, Jr. Deputy County M-19" Date Board of County Carroty Manager's Office 1113.'20061034 AM Commissioners Lo r0g), LL CD � co o s • N v Z NaIx i N Cc CO m C N Q a� m g ao C nN O Q� fn O �r � g m m 0 CL` c 0 m u m 9 M m o g a g fD W m C o° f b 0 o 2 cc S� O �:S O S O b G G L L� G S a � tr7 o J z z r Z cOa s � ° C W cn (o ov �d 4m �c �x a� co —c m cz a� rn 2 d E, C d! �N W U N O CL 0 � v m m �i o o g ai y 4 pi 0 K �i v `e .9 a v `e S 0. a 3 0 c c 5 Z � S � C E 0 E x LLn L C) z° � �c mco Cc co -0--) c Q) m d N n o n� . � o � m W 0 V 0 a` 0 T U � a w v> g o y a � m w L 4i a _o o _P a ` e c S, IL 41 a o; E L v a U v: - 3 .n co &P 'a),o z a� m — c m co -0-,) c m Ki m g =4 N o N f g W = U � m 0 CL` O i6 s u m y �g o N o g m w h z Y s9 w w 5 a a 0 0 v Y h Z' e S G 3 u � c fi y U ^-p o d O o b � O c $ c E — E > m x � — _ s ❑ E u a F a ' /1 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of January 24, 2006 General Fund (001) Budget Amendment #06 -0096 Operating Expenses Remittance to other $20,000 Reserves Reserve for Future Contingencies ($20,000) Total 11111 Agenda Item No. 16F6 January 24, 2006 Page 1 of 4 Explanation: Funds are needed to fund on -going expenses from palm lethal yellowing in Collier County, Ordinance 2004 -11. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB Page 1 of 1 Agenda Item No. 16F6 January 24, 2006 Page 2 of 4 BUDGET AMENDMENT REQUEST [For Bud�eL' —ce ..0 Only gi "x4... 10. . .......... . ......... ..... ... # ..................... . DH ate ............. Fund Number: 001 Fund Description: General Fund Date Prepared: January 6, 2006 Attach Executive Summary Approved by BCC on: ! — g L— C)_6 Item No.: io t' Expense Budget Detail Fd Ctr No.: 157110 Fund Center Title: University Extension WBS No.: WBS Element Title: (provide the Fund Center or WBS element information; it is not r uired to rovide both. Fund WBS Commit Commitment Item Increase Current Revised Center Element Item D Miscellaneous Services De $ 20 000 Budget $ 4,000 Budget $ 24,000 157110 649990 Fund Center Title: WBS Element Title: Net Change to Budget $20,000 Reserves in Fund Center WBS Element Commit Item 919010 Increase Decrease 991000 Revised Bud et Fund Center WBS Element Fund Center Title: WBS Element Title: Expense Budget Detail iation; it is not re uired to rovide bath.) Commitment Increase Item Description Decrease Reserves for ($20,000) Net Change to Budget ($20,000) Expense Budget Detail Fd Ctr No.: 919010 WBS No.: Current Revised Bud et Budget $1,642,200 1 $ 1,622,200 Fd Ctr No.: WBS No.: Provide the Fund Center or WBS element mlormanon; Commit Item it is nut r uu¢� — Commitment Item Description Increase Decrease Current Budget Revised Bud et Fund Center WBS Element I i,Nev % -nange w nuug- FAPublic Services\Extension Svcs\BA Lethal Yellowing 11JanWdoc Revenue Budget Detail Fund Center Title: WBS Element Title: (Provide the Fund Center or WBS element information: it is not rennired to nrnvide hnth Fd Ctr No.: WBS No.: Agenda Item No, 16x6 January 24, 2006 Page 3 of 4 Fund Center WBS Element Commit Item Commitment Item Description Increase Decrease Current Budget Revised Budget Agency Manager: Finance Department: Clerk of Board Admin.: In ut b : B.A. No.- Net Change to Budget EXPLANATION Why are funds needed? On -going expenses incurred from palm lethal yellowing in Collier County, Ordinance 2004 -11. Where are funds available? General Fund Reserves. REVIEW PROCESS Cost Center Director: DATE Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: In ut b : B.A. No.- F:Tublic Services\Extension Svcs\BA Lethal Yellowing I UanWdoc COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GF6 Item Summary: Recommendation to approve budget amendments. Meeting Date: It24,'2006 9.00.00 tiM Approved By OMB Coordinator Administialive Assistant County Manager's Office Office of Management & Budget Approved By Michael Smykowski Management & Budget Director County Manager's Office Office of Management & Budget Approved By Len E. n6hS, Jr. Deputy County Manager Board of County County Manaq.es Off". Commissioners Agenda (tern No 16F6 January 24. 2006 Page 4 of 4 Date 1/11!2006 4:20 PM Date 1,`1212006 10:22 AM Date 111212006 3:10 PM Agenda Item No. 16177 January 24, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for Training and Medical/Rescue Equipment and Supplies in the amount of $137,829.00. OBJECTIVE: To expand and improve pre - hospital emergency medical services utilizing State grant money. CONSIDERATIONS: The State of Florida established the Emergency Medical Services Grant Award Program for the expansion and/or improvement of emergency medical services. A grant application was recently received from the State of Florida indicating that Collier County's grant award for fiscal year 2006 will be $137,829.00. A resolution is required to be included with the grant application stating that funds will not be used to supplant the EMS budget and certifying that the grant funds will be used to improve the County's emergency medical services. Also included with the application is a Request for Grant Fund Distribution, which directs the Florida Department of Health to remit the grant funds to Collier County Board of Commissioners. Approval of these documents also constitutes acceptance of the grant when awarded. ,... FISCAL IMPACT: Qualified purchases will be totally funded by the State of Florida Emergency Medical Services Grant Award Program. Funds will be allocated to and disbursed from Fund 491 — EMS Grants. GROWTH IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATIONS: That the Board of County Commissioners: 1. Approve the Florida Emergency Medical Services County Grant Application, the Grant Distribution Form requesting grant funds be remitted to the Collier Count Board of Commissioners and the Resolution stating that grant funds will not supplant the EMS budget; and 2. Authorize the Chairman to execute the documents listed in number 1 above. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Agenda Item No '16F7 January 24. 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 151`7 Item Summary: Recommendation to approve a Florida Emergency Medical Services County Grant Application. Grant DlslribuUon Form and Resolution for Training and Medical /Rescue Equipment and Supplies in the amount of $137,829 00. Meeting Data: 1 /2412006 9.009(1 AM Prepared By Jeff Page EMS Chief Date Bureau of Emergency V9l2006 8:10:21 AM EMS Services Approved By Jett Page EMS Chief Date Bureau of Emergency 11912006 8:16 AM EMS Services Approved By Marlene J. Foord Grants Coordinator Data Administrative Services Administrative Services Admin. 1/9/2006 9:37 AM Approved By Darcy Waldron Senior Administrative Assistant Data 11972008 2:43 PM County Manager's Office Emergency Manayement Approved By Dan E. Summers Bureau of Emergency Services Director Date 111012006 11:23 AM County Manager's Office Bureau n(Fmeryancy Services Approved By OMB Coordinator Administrative Assistant Dale Manager's Office Office of Management &Budget 111V2006 11:49 AM County Approved By Michael Smykowski Management & Budget Director Date Office Office of M+ +ua Went & Budget go 1111/2006 5:01 PM Count Manager's y Approved By Leo E. Ochs. Jr. Deputy County Manager Date Board of County County Manager's Office 1/12/2006 3:24 PM Commissioners Agenda Item No. 16F7 January 24, 2006 Page 3 of 6 EMS COUNTY GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items _ID. Code (The State Bureau of EMS will assign the ID Code — leave this blank) C 4 J— _..__, It r. %, UllLy 19camu. l+omer LOumy tsoarcl 01 GOunty COmmiSsioners Business Address: 3301 Tamiami Trail East Naples, FL 34112 Tele hone: (239) 774 -8459 Federal Tax ID Number (Nine Digit Number). VF 59- 60000558 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Printed Name: Frank Hatas Position Title: Chairman 3. Contact Person: (The individual with direct knowledge of the project on a day -to -day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same,) Name: Jeff Page Position Title: Chief, Emergency Medical Servioes Address: 2705 So. Horseshoe Drive Naples, FL 34104 I elephone: (239) 774 -8459 i Fax Number: (239) 775 -4454 L_ E-mail Address. JeffPaoe@coiileroov.net 4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre- hospital EMS system and will not be used to supplant current levels of county expenditures. 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary) Medical Equipment/Supplies $20,000.00 Training $20,000.00 r Training Lab Equipment $30,000.00 Medical /Rescue Equipment $67,829.00 r)H Pnrm 1RRn Re 1 1) r) - 9ie� i4ti �811cC! tYE �fi17'I' a:�., ;: 3 BUDGET PAGE A. Salaries and Benefits: FICA per For each position title, provide the amount of salary per hour, hour, other fringe benefits, and the total number of hours. N/A TOTAL Salaries Agenda Item No. 16F7 January 24, 2006 Page 4 of 6 Amount TOTAL FICA $0.00 Grand total Salaries and FICA B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as operating capital outlay see next cats o Amount List the item and, if applicable, the quantity Training Medical Equipment/Sup lies $20,000.00 ,$20,000-00 TOTAL 1 $ 40,000.00 C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one 1 year or more. Amount List the item and, if applicable, the quantity Training Lab Equipment Medical /Rescue Equipment DH Form 1684, Rev. June 4 $30,000.00 $67,829.00 TOTAL I $ 97,829.00 Grand Total I $ 137,829.00 Agenda Item No. 16F7 January 24, 2006 Page 5 of 6 FLORIDA DEPARTMENT OF HEALTH EMS GRAIVT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre - hospital EMS. DON Remit Payment To: Name of Agency: Collier County Board of Commissioners Mailing Address: 3301 Tamiami Trail East Naples, FL 34112 Federal Identification number Fed ID 59- 6000558 Authorized Official: Signature Frank Halas, Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C 18 Tallahassee, Florida 32399 -1738 Do not write below this line. For use by Bureau of Emergency Medical Services Grant Amount For State To Pay: $, Approved By Grant 1D: Code: Signature of EMS Grant Officer State Fiscal Year: - Organization Code E. OCA Obiect Code 64- 25 -60 -00 -000 N_ N2000 7 Federal Tax ID: VF Grant Beginning Date: October 1, Grant Ending Date: September 30, uh r-orm 1767P, Rev. June 2002 Date onnel on Date Agenda Itern too. 16F7 January 24, 2006 Page 6 of 6 RESOLUTION NO. 2006 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CERTIFYING THAT THE APPLICATION FOR AND USE OF THESE EMS COUNTY GRANT FUNDS WILL IMPROVE AND EXPAND PRE - HOSPITAL EMS DEPARTMENT ACTIVITIES AND WILL NOT SUPPLANT CURRENTLY EXISTING COUNTY EMS BUDGET ALLOCATIONS WHEREAS, EMS Department Paramedics and Paramedic/Firefighters provide basic and advanced life support care and highly technical service to the citizens and visitors of Collier County; and WHEREAS, the purchase of equipment and provision of training classes shall greatly enhance the effectiveness of pre - hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The $1.37,829.00 in this EMS County Grant will be used to improve and expand the County's pre - hospital EMS system, including purchase of medicat /rescue equipment, training equipment, and to conduct training classes, but these grant funds will not be used to supplant current levels of existing County EMS budget allocations. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk 2006. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: — BY: Deputy Clerk Approved as to form and legal sufficiency: By: U Vh PJ (M-ti-.___--- Thomas C. Palmer, Assistant County Attorney Chairman Agenda Item No. 16H1 January 24, 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 determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: EDC's 3& Anniversary Kickoff Celebration PUBLIC PURPOSE: Congratulate the EDC and interact with community and business leaders. DATE OF FUNCTION/EVENT: January 30, 2006, 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 24, 2006 A.ueoda Item No, 161-11 January 24, 2006 Page'' of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H1 Board approval for reimbursement to arterial a function serving Item Summary.. Commissioner Fiala requests a valid public purpose To attend the EDC's 30th Anniversary Kickoff Celebration on January 30. 2006 at the Naples Beach Hotel and Gott Club, S60 00 to be paid from Commisslo- Fiala s travel budget Meeting Date: 1124!2006 9'00'.00 AM Prepared By Kathy Highbaugh Executive Aide to the BCC Data Board of County 116/2006 3:64:46 PM BCC OHire C— IR116slnrlers Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Orrice 11612006 4:04 PM Commissioners Approved By James V. udd am M Count Y Date g Board of County County Manager's office 111112006 2:00 PM Commissioners - Agenda Item No. 16H1 January 24, 2006 Page 3 of 3 Economic Development of Collier County 1. 30"' Anniversary Kickoff C elebrCat.ion Monday, January 30, 2006 3:00 Pm - 6:00 Pm Naples Beach Hotel and Golf Club Come and Celebrate!!! The EDC is turning 30 we will be celebratin g 30 years of: Job Creation Economic Diversification Increasing the Average Wage Facilitating Capital Formation Preserving the Natural Environment Upward Mobility for all Collier County Residents We will also be recognizing the essential 30 30 partnerships, people and places. Past leaders of the organization will be in attendance and special guests have been invited to show support for 30 more years of Collier County Businesses! We invite you to join us in our celebration! Attendee Information: Name: L'I �� , � I.Cat-, rj {� } -t t t 1 '• i � Est .�.`,�,, Company Name: (_ It i!.i_t` i c � 0 t- 1 Phone: ate- T`1c{ --- 7Dq:1 Fax: -q ?>9 3 ��0 � Method of Payment: o Check o Credit Card (Amex, MC or Visa) $60.00 Menlibers $75.00 Nonmembers Account Number: Expiration date: Address: E -mail f Signature: Name as it appears on card: Complete and return by Friday, January 27, 2006 to address or fax Iisted below Y No Shows will be Billed.! - Phone: 239 =139,99, "tall Fr .r : 866-3E2- 7537 tot Agenda Item No. 161-12 January 24, 2006 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Los Tres Reyes Magos Celebration of the Naples Hispanic Chamber of Commerce ' PUBLIC PURPOSE: To represent District 5 at this event. DATE OF FUNCTION /EVENT: January 6, 2006 FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: January 24, 2006 Agenda item No. 161-12 January 24. 2006 Pane 2 of 4 COLLIER COUNTY BOAR.D OF COUNTY COMMISSIONERS Item Number: 16H2 Item Summary: Commissioner Coietta requests approval for reimbursement for attending a function serving a valid public purpose commissioner paid in advance to attend the Los Tres Reyes Mangos Celebration sponsored by The Naples Hispanic Chamber of Commerce on January 6. 2006 and is requesting reimbursement in the amount of 835.00, to be paid from his travel budget. Meeting Date: 1124.2006 9'.00 -.00 AM Prepared By Executive Aide to the BCC Date Nancy Rosiak Board of County 11412006 1:19:47 PM BCC, ffice O Commissioners Approved By Executive Manager fo the BCC Date Sue Filson Board of County BCC Office 11412006 1:64 PM Commissioners Approved By James V. Mudd Y Manager county pate Board of County Comity Manager's Office j11112006 10:47 AM Commissioners Agenda Item No. 161-12 January 24, 2006 Page 3 of 4 The Naples Hispanic Chamber of Commerce ✓ Proudly Invites you to attend Los Tres Reyes Magos Celebration Parry (The Three Wise Men or the Three Wise Guys) When: Friday January 6, 2005 Where: Best Western Naples Plaza Hotel 6400 Dudley Drive Naples, Florida (Pineridge Road and I -75) Time: 6pm -10 pm Tickets $35.00 each Latin DJ, Latin Dinner, Cash Bar, Door Prizes, Silent Auction and more surprises. Dress: Business Attire- Cocktail R.S.V.P. By January 4, 2006 to: 774 -4291- 465 -8300 Come and celebrate with us our Latin Tradition of Los Tres Reyes Magos. Agenda Item No. 161-12 January 24, 2006 Page 4 of 4 Seating is limited Please pass this email to all of your friends If you like Latin dancing, Latin food and tons of fun then call us immediately to reserve your spot. Please pass this email to all of your friends. Let's all cheer the first appearance of the Three Wise Guys (Who are these guys ?) Sssh it's a secret! El dia de Los Tres Reyes Magos, January 6, is the celebration of the day when the Three Wise Men discovered the messiah, baby Jesus. It is also the twelth day after his birth and the basis of the song, The Twelve Days of Christmas This song was created so that the Catholic children could practice their faith. Y _ ffi E The Naples Hispanic Chamber of Commerce is a member in good standing with the USHCC See You there! Agenda item No. 161-13 January 24, 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 determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Collier County Republican Party "Candidates Night 2006" PUBLIC PURPOSE: To support the candidates. DATE OF FUNCTION /EVENT: February 3, 2006 FISCAL IMPACT: $40.00 - 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 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 24, 2006 Agenda Item No 16H3 January 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H3 Item Summary: Commissioner Colette requests approval for reimburse ^ent to attend a function serving a valid public purpose. Commissioner prepaid to attend "Candidates Night 2006" on February 3, 2006 and is requesting reimbursement in the amount of $40.00, to be paid from his travel budget Meeting Date: 112412006 900:00 AM Prepared By Executive Aide to the BCC Date Nancy Rosiak Board of County 1/612006 3:01:46 PM BCC Office Commissioners Approved By Executive Manager to the BCC Date Sue Filson Board of County ff BCC Office 116!2006 4:09 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1111!2006 2 :02 PM commissioners _ Agenda Item No. 16H3 January 24, 2006 Page 3 of 3 The Collier County Republican Party Cordially invites you to Your Your fficam ote Is you P2VO _. .. ? AM-, is your Florida Governor, Florida Attorney General & Florida Chief Financiai officer Candidates Debate All Candidates To Date Have Been Invited Friday, February 3, 2006 - 6:30 p.m. Collier Athletic Club 710 Goodlette Road - The Commons Naples, Florida 34103 Grilled American Buffet - Cash Bar $40.00 per person advance registration, $45.00 at the door Straw Ballot conducted by The Supervisor of Elections Office As an added bonus RPOF Chairman Carole Jean Jordan has agreed to attend. Information Please Cali 403 -4446 or 434 -2489 Come support the candidates and your local party! cut _ cut cut cut Return slip, below with your check cast cut Name: Address: J I { 1 fZ Phone: Ib S Total Attending__[_ X's $40.00 each Total Amount enclosed $°� I am unable to attend, please accept my donation of $ Make checks payable to CCREC (Collier County Republican Executive Committee) An For your pavment convenience we also offer VISA & Mastercard Account: # Credit Card Billing Zip Code: Signature: Exp. Date: R.S.V.P. NLT January 27, 2006 Mail to: CCREC (attn: Election 2006) POB 7367 Naples, FL 34101 -7367 Flo Poi. Acv i'.•u. `or by '1*i C vvly Reckdicar! ExeafrvE CorruriMF.e3 Not ALAho ized R, Any Cr.,vrCertu or Car'Ji; rile Cornrr.iCcw Agenda Item No. 161-14 January 24, 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 determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTION/EVENT: Economic Development Council Breakfast at LaPlaya Beach Resort PUBLIC PURPOSE: Interact with constituents and business and community leaders. DATE OF FUNCTION /EVENT: January 25, 2006 FISCAL IMPACT: $39.00 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 Frank Halas to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 1/24/06 Agenda Item No. 161-14 January 24. 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161-14 for reimbursement for attending a function Item summary: Commissioner Halas e0uests Coard approval paid in advance to attend the Economic serving a valid public Purpose. Commissioner Development Council's breakfast event to be held on January 25. 2006 at La Playa Beach Resort Reimbursement of 539.00 to be paid from Cormissioner Halas' travel budget. Meeting Date: 1!2412008 9.00.00 AM Prepared By Trisha McPherson Executive Aide to the BCC Date Board of County 1!1 212006 12:5a:25 PM BCC office Commissioners Approved By Sue Filson Executive Manager to file BCC Dale Board of County 1/1212006 1:00 PM BCC ice Commissioners Approved By Le.. E. Ochs, Jr. Deputy county Mana ge r Date Board of County County Manager's Office 1!12!2006 3:44 PM commissioners Agenda It pm No. 16H4 Jangiry 2 "O ag b .its a leader of the Economic Development Councifof Coffter County You are corduVTy invitedto attendan ExcCusive Breakfast On January 25, 2006 9vl- �� ECONOMIC DEVELOPMENT COUNCIL OF COWER COUNTY NAPLES, , FLORIDA EVERGLADES CITY • GOLDEN GATE IMMOKALEE • MARCO ISLAND Please join us for breakfast Special Guest Presenter Lt. CoC Rich 3farper (Air Force Reserves) P�ght NeteoroCogist, 3furrricane 3funters, 53"d Weather Reconnaissance Squadron, BiCox , Ns Date: 'Wednesday, January 25, 2006 Time: 7730 - 9: oo a.m. Location Sponsor: LaPfaya Beach Resort 9891 Gulf Shore. Drive Naples, FL 34i08 This new member benefit for feaXing EDC members will be a goodsource of information for you, while supporting the most dynamic business organization in Coaier County! RSVP by January 13;"' to - %faureen Christensen, EDC, at 239- 263 -8989, Ext. l06 Pa - c��i� ► -ou Agenda Item No. 161-15 January 24, 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 determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTIONIEVENT: Economic Development Council 301h Anniversary Kickoff Celebration at Naples Beach Hotel PUBLIC PURPOSE: Interact with constituents and business and community leaders. DATE OF FUNCTION /EVENT: January 30, 2006 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 Frank Halas to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 1/24/06 .- Agenda Item No 161-15 January 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161-15 Commissioner Halas requests Board approval for reimcursamenf for attending a function Item Summary: valid purpose. Commissioner paid in advance to attend the Economic serving a public Development Council's Anniversary Kickoff Celebration at Naples Beach Hotel to be held on 2006. Reimbursement of $60.00 to be paid iron: Commissioner Halas' travel January 30, budget. Meeting Date: 1124/2006 900.00 AM Prepared By Trisha McPherson Executive Aide to the BCC Date Board of County 1/12120061:06:45 PM BCC Office Commissioners Approved By Sue Filson Executive Manager to the BCC Dale Board of County BCC Office V1312006 7:26 AM Commissioners Approved By lco E. Ochs, Jr. Ue ut Count Manager P Y Y J Date Board of CO—W County Manager's Office 111312006 10:52 AM Commissioners V r\ f •. ti ri h r ti )FLORIDA Economic Development Council of Collier County 30" Anniversary Kickoff Celebration Monday, January 30, 2006 3:00 Pm - 6:00 Pm Naples Beach Hotel and Golf Club Agenda Item rJp. 1 JanuarXD 2 , Page 3 of 3 Come and Celebrate!!! The EDC is turning 30 we will be celebrating 30 years of: Job Creation Economic Diversification Increasing the Average Wage Facilitating Capital Formation Preserving the Natural Environment Upward Mobility for all Collier County Residents We will also be recognizing the essential 30 30 partnerships, people and places. Past leaders of the organization will be in attendance and special guests have been invited to show support for 30 more years of Collier County Businesses! We invite you to join us in our celebration! Attendee Information: Name: �ot�+.M�SG�.1F Q EgAw11C "ALAS Company Name: Coy --Li E2 0 ck.)mr�( Phone: Z -t g -IRCA -i Fax: `714 Method of Payment: o Check Xcredit Card (Amex, MC or Visa) S60.00 Members $75.00 Nonmembers Account Number:— Expiration date: -2 oC� Address: IL 1��E-mail Fec."V, K8LA!S6),_..0 o 1 Gov. NET Signature: - Name as it appears on card: F'�y, NAALAG Complete and return by Friday, January 27, 2006 to address or fax listed below+ No Shows will be Billed! Phone: 239 -I63 -8989, Toll Free: 866- 362 -7537 I nr�il: i ilia r \aj (c.l`) .rid.i.rnin ■ i�,� \.,+,Ic�l loi t h 1-117 Agenda Item No. 1611 January 24, 2006 Page 1 of 5 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 24, 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) December 3, 2005 - December 9, 2005. (2) December 10, 2005 - December 16, 2005. B. Districts: (1) No items for board action. C. Minutes: (1) Collier County Airport Authority: Agenda of January 10, 2005; Amendment to January 10, 2005 Agenda; Agenda of February 14, 2005; Amendment to February 14, 2005 Agenda; Agenda of March 14, 2005; Agenda of April 4, 2005; Minutes of April 4, 2005; Agenda of May 16, 2005; Agenda of June 13, 2005; Minutes of June 13, 2005; Agenda of August 8, 2005; Addendum to August 8, 2005 Agenda; Agenda of September 12, 2005; Addendum to September 12, 2005 Agenda; Agenda for "Special Meeting" of September 26, 2005; Agenda of October 10, 2005; Addendum to October 10, 2005 Agenda; Agenda of November 14, 2005; Addendum to November 14, 2005 Agenda; Minutes of November 14, 2005; Agenda of December 12, 2005; Addendum to December 12, 2005 Agenda; Minutes of December 12, 2005. (2) Bayshore Beautification MSTU Advisory Committee: Minutes of November 9, 2005; Agenda of December 14, 2005. 11:\DATA\Me1anie\2006 Miscellaneous Correspondence\ 1.24.06 Misc. Corresp. Merno.doc Agenda Item No. 1611 January 24, 2006 Page 2 of 5 (3) Bayshore/Gateway Triangle Local Redevelopment Advisory Board: Agenda of January 11, 2005; Minutes of January 11, 2005; Agenda of February 1, 2005; Minutes of February 1, 2005; Agenda of March 1, 2005; Minutes of March 1, 2005; Agenda of March 16, 2005; Minutes of March 16, 2005; Agenda of April 4, 2005 (Community Workshop with HDR Engineering); Agenda of April 5, 2005 (Community Workshop with HDR Engineering); Agenda of April 12, 2005; Minutes of April 12, 2005; Agenda of May 2, 2005 (Community Workshop with HDR Engineering); Agenda of May 3, 2005; Agenda of October 4, 2005; Minutes of October 4, 2005; Agenda of November 1, 2005; Agenda of December 6, 2005. (a) Bayshore/Gateway Triangle Local Redevelopment Advisory Board Subcommittee: Agenda of February 21, 2005; Minutes of February 21, 2005; Agenda of March 7, 2005; Minutes of March 7, 2005. (4) Citizen Corps Advisory Committee: Agenda of May 18, 2005; Minutes of May 18, 2005; Agenda of July 20, 2005; Agenda of August 17, 2005; Agenda of October 19, 2005; Agenda of November 16, 2005; Minutes of November 16, 2005. (5) Development Services Advisory Committee: Agenda of November 9, 2005; Minutes of November 9, 2005. (6) Domestic Animal Services Advisory Committee: Agenda of January 18, 2005; Agenda of February 15, 2005; Agenda of March 15, 2005; DAS Director's Report of March 15, 2005; Agenda of April 19, 2005; Agenda of June 21, 2005; Agenda of July 19, 2005; Agenda of August 16, 2005; Minutes of August 16, 2005; Agenda of September 20, 2005; Agenda of October 18, 2005; Minutes of October 18, 2005; Agenda of November 15, 2005. (7) Collier County Environmental Advisory Council: Minutes of November 2, 2005; Agenda of December 7, 2005; Agenda of January 4, 2006. 1U1DATA\Melanie\2006 Miscellaneous Correspondence\ 1.24.06 Misc. Corresp. Memo.doc Agenda Item No. 1611 January 24, 2006 Page 3 of 5 (8) Forest Lakes Roadway and Drainage MSTU: Minutes of November 9, 2005; Agenda of December 14, 2005. (9) Golden Gate Estates Land Trust Committee: Minutes of September 26, 2005. (10) Golden Gate MSTU Advisory Committee: Minutes of November 8, 2005; Agenda of December 13, 2005. 1) Collier County Historical/Archaeological Preservation Board: Agenda of December 21, 2005; Minutes of November 16, 2005. (12) Conservation Collier Land Acquisition Advisory -Committee: Minutes of November 14, 2005; Agenda of December 12, 2005. (13) Lely Golf Estates Beautification MSTU Advisory Committee: Agenda of December 15, 2005; Minutes of November 17, 2005. (14) Parks and Recreation Advisory Board: Agenda of October 19, 2005; Minutes of October 19, 2005; Agenda of November 16, 2005; Minutes of November 16, 2005. (15) Pelican Bay Services Division: Agenda of December 8, 2005; Minutes of November 9, 2005; Biological Monitoring Report; Clam Bay Restoration Project Report Number 8; Clam Pass Restoration and Management Plan Bathymetric Monitoring Report Number 6; Water Quality Sampling Update Report Number 6. (a) Clam Bay Sub-Committee: Minutes of November 9, 2005. (16) Collier County Planning Commission: Minutes of October 6, 2005; Agenda of December 1, 2005; Revised Agenda of December 15, 2005. (17) Vanderbilt Beach MSTU Advisory Committee: Agenda of January 5, 2006; Minutes of December 1, 2005. H:\DATA\Melanie\2006 Miscellaneous Correspondence\ 1.24.06 Misc. Corresp. Merno.doc Agenda Item No. 1611 January 24, 2006 Page 4 of 5 D. Other: (1) Collier County Public Safety Coordinating Council: Agenda of June 9, 2005; Minutes of June 9, 2005. H:\DATA \Melanie\2006 Miscellaneous Correspondence \1.24.06 Misc. Corresp. Memo.doc Agenda Item fdo. 1611 January 24, 2006 Pagc 5 of 5 COLLIER COUNTY BOARD OF COUNTi i:OMMISSIONERS Item Number: 1611 Item summary: Miscellaneous correspondence to file for record with action as directed. Meeting Date: 1 !2412 006 9.00:00 AM Prepared By Melanie ftoddguer. Administrative Aide to the BCC Dale Board of County 111212006 4:64:43 PM BCC Office Commissioners Approved By Executive Manager to the BCC Date Sue Filson Board of COurytY BCC Office 1113/2006 7:28 AM Commissio"em Approved By Loo E. Ochs. Jr. P Y Y Manager Deputy Count De Date Board of County County Manager's Office 11131200610:55 AM Gommiseioners Agenda Item No. 16K1 January 24, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize Public Utilities Engineering staff and the Office of the County Attorney to pursue all legal remedies to recover lost revenue caused by Focus Engineering, Inc. OBJECTIVE: To obtain the Board of County Commissioners authorization for the Public Utilities Engineering Department ( "PUED ") Staff and the Office of the County Attorney to pursue the legal remedies necessary to recover the revenue lost caused by Focus Engineering, Inc. ( "Focus ") while under contract with the County. CONSIDERATIONS: The County entered into contract in June 2000 with Focus to convert fire suppression systems and fire hydrants in the Pelican Bay area from reclaimed to potable water. Focus was also required to maintain the separate irrigation systems with reclaimed water. Contrary to this contractual undertaking, some of the irrigation systems were supplied with potable water rather than reclaimed water. As a result of these errors, the County lost $164,277.94 in revenue. The County has attempted to negotiate with Focus or its insurer, but to no avail. Accordingly, PUED Staff would like authorization to pursue legal remedies to resolve this matter. -. FISCAL IMPACT: At this time, the County has lost $164,277.94 in revenue. There is the unknown cost of pursuing litigation, but those costs will be defrayed from Fund 414, Cost Center 263614, Project #74023. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board authorize PUED Staff and the Office of the County Attorney to pursue all legal remedies to recover lost revenue caused by Focus. PREPARED BY: Michael W. Pettit, Chief Assistant County Attorney public/bcc agenda items/012406 /exec sum.mwp.focus engineering.auth to pursue legal remedies Agenda Item No, 161st January 24, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONER°. Item Number: 16K1 Recommendation that the Board of County Commissioners authorize Public Utilities Item Summary: Engineering Department Staff and the Office of the County Attorney to pursue all legal remedies to recover lost revenue caused by Focus Engineering, Inc. Meeting Date: 1!242006 9.00:00 AM Prepared By Michael Pettit Chief Assistant County Attorney Date County Attorney Office 1111/2006 1:07:01 PM County Attorney Approved By David C. Weigel County Attorney Date County Attorney Office 111112006 9:42 PM County Attorney Approved By James W. DeLnny Public Utilities Administrator Date Public Utilities Public Utilities Administration 111112006 9:59 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 111112006 4:12 PM Approved By Michael Smykowski Management &Budget Director Date County Manager's Office Office of Management & Budget 111112006 5:00 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Dale Board of County County Manager's Office 1/1312006 10:57 AM Commissioners Agenda Item No. 16K2 January 24, 2006 Page 1 of 5 EXECUTIVE SUMMARY BOARD APPROVAL OF AMENDMENT TO MEMORANDUM OF AGREEMENT / LETTER OF UNDERSTANDING FOR THE BOARD OF COUNTY COMMISSIONERS AND FOR THE COUNTY MANAGER WITH THE PELICAN BAY SERVICES DIVISION BOARD PURSUANT TO COLLIER COUNTY ORDINANCE NO. 2002 -27, AS AMENDED. OBJECTIVE: Board approval of Amended Memorandum of Agreement/Letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Services Division Board pursuant to Collier County Ordinance No. 2002 -27, as amended. CONSIDERATIONS: On May 28, 2002, the Board of County Commissioners adopted Ordinance No. 2002 -27, creating the Pelican Bay Municipal Service Taxing and Benefit Unit. This ordinance came forward to the Board for consideration and approval following a lengthy process of Pelican Bay community and Advisory Committee involvement with the Clerk of Courts to effectively revise the predecessor Pelican Bay MSTBU ordinance, repeal it and related inconsistent ordinances. Ordinance No. 2002 -27 has been operational for the past three and one -half years and was amended by the Board of County Commissioners on January 24, 2006 to make the following discrete revisions: 1. The purpose of the MSTBU was expanded to include the restoration of the mangrove forest preserve. 2. The name of the advisory committee was changed to the Pelican Bay Services Division Board; 3. The appointment procedures upon vacancies were modified slightly; 4. Duties of the advisory committee and the County Manager were altered slightly. 5. Provided for multiple vice chairs. Section Thirteen of the original Ordinance No. 2002 -27, entitled `'Functions, Powers and Duties of the Committee ", paragraph E, provides for the Committee to enter into a Memorandum of Agreement/Letter of Understanding with the Board and with the County Manager. The original drafts of these memoranda were created by and through the Clerk and Pelican Bay Advisory Committee and were approved for legal sufficiency by the County Attorney. These memoranda provided for the Board and the County Manager to recognize and accept the direction of the Committee in policy decisions and exercise of decision and control of the day to day operations relating to the purpose and powers of the Pelican Bay MSTBU. The parties to the memoranda recognized and agreed that all ultimate policy making powers of this MSTBU were reserved to the Board and all ultimate administrative and ministerial powers, duties, responsibilities, decisions and control related to the operations of the Pelican Bay MSTBU are appropriately Agenda Item No. 16K2 January 24, 2006 Page 2 of 5 retained by the County Manager. The only revision to paragraph E in the Ordinance amendment is the name of the advisory committee to Pelican Bay Services Division Board. Paragraph D of the amendment moves the direct supervision and responsibility of the execution of work programs from the County Manager with the assistance of the Committee and County staff to the Pelican Bay Services Division staff with the assistance of any additional County staff needed in accordance with the Memorandum of Agreement / Letter of Understanding. It is appropriate to modify the Memorandum of Agreemenftetter of Understanding to reflect the amendment to Ordinance No. 2002 -27, approved January 24, 2006, FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: For the Board to approve the Amended Memorandum of Agreement /Letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Municipal Service Division Board pursuant to Collier County Ordinance No. 2002 -27, as amended. Prepared By: David C. Weigel, County Attorney 05- 000 - 00002,/9 2 Agenda Il No. 16K2 January 24. 200E Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONF_RS Item Number: 16K2 Item Summary: Board approval of amendrnent to Memorandum of Agreement/Leher of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Services Division Board pursuant to Collier County Ordinance No 2002 -27, as amended. Meeting Date: 1124/2006 9.00.00 AM Approved By David C. Weigel County Attorney County Attorney County Attorney Office Date 1/13/2006 11:08 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management R Budget 103/2006 2:13 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 111712006 4:22 PM Commissioners Agenda Item No. 16K2 January 24, 2006 Page 4 of 5 Amendment to Memorandum of Agreement /Letter of Understanding This is an Amendment to Memorandum of Agreement/Letter of Understanding between the Office of the County Manager and the Pelican Bay Services Division Board. In so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefit Unit; and to that end the most efficient method of operation is to allow the Pelican Bay Services Division (PBSD) Board those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Thirteen of Ordinance No. 2002 -27, as amended, the Office of the County Manager does make this declaration: 1. That the Functions, Powers and Duties of the PBSD Board as listed in Section Thirteen of Ordinance No. 2002 -27, as amended, are a list of the responsibilities of this Board. 2. That the County Manager shall accept the direction of the Pelican Bay Services Division Board in its exercise of decision and control of the day to day operations relating to the purpose and powers of the Pelican Bay Municipal Services, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002 -27, as amended, to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. 3. That all ultimate administrative and ministerial powers, duties, responsibilities, decisions, and control related to the operations of the Pelican Bay Municipal Services, Taxing and Benefit Unit are appropriately retained by the Office of the County Manager, in conformance with County Ordinances 93 -72 and 95 -49 (Collier County Administrator Ordinances), under the policy direction of the Board of County Commissioners sitting as the ex- officio Board of the Pelican Bay Municipal Services, Taxing and Benefit Unit. Entered into this day of James V. Mudd County Manager Approved as to form and legal sufficiency: David C. Weigel County Attorney 05- 000- 00002/10 2006. James Carroll, Chairman Pelican Bay Services Division Board Agenda Item No. 16K2 January 24, 2006 Page 5 of 5 Amendment to Memorandum of Agreement/Letter of Understanding This is a Memorandum of Agreement /Letter of Understanding between the Collier County Board of County Commissioners and the Pelican Bay Services Division Board. In so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefit Unit; and to that end the most efficient method of operation is to allow the Pelican Bay Services Division (PBSD) Board those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Thirteen of Ordinance No. 2002 -27, as amended, the Board of County Commissioners do make this declaration: That the Functions, Powers and Duties of the PBSD Board as listed in Section Thirteen of Ordinance No. 2002 -27, as amended, are a list of the responsibilities of this Board. 2. That the Board of County Commissioners shall accept the direction of the PBSD Board in its policy decisions relating to the Pelican Bay Municipal Service, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002 -27, as amended, to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. 3. That all ultimate policy making powers of the Pelican Bay Municipal Service, Taxing and Benefit Unit are reserved unto the Collier County Board of County Commissioners sitting as ex- officio Board of the Pelican Bay Municipal Service, Taxing and Benefit Unit pursuant to Florida Law. Entered into this day of '2006. Frank Halas, Chairman Board of County Commissioners Approved as to form and legal sufficiency: David C. Weigel County Attorney 05- 000 - 00002/11 James Carroll, Chairman Pelican Bay Services Division Board Agenda Item No. 16K3 January 24, 2006 EXECUTIVE SUMMARY Page 1 of 13 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2002 -27 CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING FOR: MODIFICATION OF PURPOSE RELATING TO THE MANGROVE FOREST PRESERVE; CHANGE OF NAME OF ADVISORY COMMITTEE TO THE PELICAN BAY SERVICES DIVISION BOARD; REVISION OF APPOINTMENT PROCEDURES UPON VACANCY; REVISION OF DUTIES OF THE ADVISORY COMMITTEE (PELICAN BAY SERVICES DIVISION BOARD) AND THE COUNTY MANAGER; MULTIPLE VICE CHAIRS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners (Board) consider an ordinance amending Collier County Ordinance No. 2002 -27 creating the Pelican Bay Municipal Service Taxing and Benefit Unit. CONSIDERATIONS: On May 28, 2002, the Collier County Board of County Commissioners working with he Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee residential and commercial property owners of Pelican Bay, adopted Collier County Ordinance No. 2002 -27 pertaining to the Pelican Bay Municipal Service Taxing and Benefit Unit. The ordinance has been operational for the past three and one -half years and it is being recommended that the following discrete revisions be made: 1. The purpose of the MSTBU be expanded to include the restoration of the mangrove forest preserve. 2. The name of the advisory committee be changed to the Pelican Bay Services Division Board. 3. Revise the appointment procedures upon a vacancy; 4. Revise the duties of the advisory committee and the county manager; 5. Allow for multiple vice chairs. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. FISCAL IMPACT: The advertising of the ordinance is the only cost associated with the amendment of this ordinance. RECOMMENDATION: That the Board consider approval of the attached ordinance amending Collier County Ordinance No. 2002 -27 creating the Pelican Bay MSTBU. Prepared By: David C. Weigel, County Attorney 05 -000- 00002/8 Agenda Itern No 16K3 January 24, 2006 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIOt1EkS Item Number: 16K3 Item summary: An ordinance amending Collier County Ordinance No. 2002 -27 creating the Pelican Bay Municipal Service Taxing and Benefit Unit providing for, modification of purpose relating to the mangrove forest preserve: change of name of advisory committee to the Pelican Bay Services Division BOarcir revision of appointment procedures upon vacancy '. revision of duties of the advisory committee (Pelican Bay Services Division Board; ana the County Manager multiple vice chairs providing for conflict and severability: providing for inclusion in Code of Laws and Ordinances: and providing an effective date. Meeting Date: 112412006 900:00 .AM Approved By David C. Weigel Count Y Attorney Date 1MV200611:01 AM County Attorney County Attorney Office Approved By Michael Smykowski Management &Budget Director Data Manager's Office Office of Management &Budget 1/1912006 2'16 PM county Approved By James V. Mudd County Manager 9 Date Board of County County Manager's Office 1/1912006 7:47 PM Commissioners _ _ Agenda Item No. 16K3 January 24, 2006 ORDINANCE NO. 2006 - Page 3 of 13 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2002 -27 CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING FOR: MODIFICATION OF PURPOSE RELATING TO THE MANGROVE FOREST PRESERVE; CHANGE OF NAME OF ADVISORY COMMITTEE TO THE PELICAN BAY SERVICES DIVISION BOARD; REVISION OF APPOINTMENT PROCEDURES UPON VACANCY; REVISION OF DUTIES OF THE ADVISORY COMMITTEE (PELICAN BAY SERVICES DIVISION BOARD) AND THE COUNTY MANAGER; MULTIPLE VICE CHAIRS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 28, 2002, the Collier County Board of County Commissioners (the "Board ") working with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee residential and commercial property owners of Pelican Bay, adopted Collier County Ordinance No. 2002 -27 pertaining to the Pelican Bay Municipal Service Taxing and Benefit Unit; and WHEREAS, after three and one -half years of administration and practical application of Ordinance No. 2002 -27, the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee has considered and requested the Board to consider and adopt certain discrete revisions amending Ordinance No. 2002 -27 and has coordinated such desire with the County Manager; and WHEREAS, the Board, having considered the request of the Advisory Committee, does hereupon amend Collier County Ordinance No. 2002 -27. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF COLLIER COUNTY ORDINANCE NO. 2002 -27: Section One is hereby amended to read as follows: SECTION ONE: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit. Pursuant to Chapter 125, Florida Statutes, and Collier County OrdinanceNo. 88 -23, the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter "Unit") is hereby created for the purpose of providing street lighting, water management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas, Page 1 of 1 I Words underlined are added; Words s:,a-'.� are deleted. Agenda Item No. 16K3 January 24, 2006 Page 4 of 13 including the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. While repealing prior ordinances pertaining to the Unit, the purpose of this Ordinance is to adopt a new ordinance that consolidates said preexisting ordinances into one easily read and understood ordinance, with some modifications that express the will of the property owners within the Unit. SECTION TWO: AMENDMENT TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Four is hereby amended to read as follows: SECTION FOUR: Purpose; Powers. The Unit is formed for the purpose of providing street lighting, water management, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas including the restoration of the mangrove forest rep serve and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road in the above - described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. SECTION THREE: AMENDMENT TO SECTION FIVE OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Five is hereby amended to read as follows: SECTION FIVE: Annual Estimates of Expenses; Taxation & Assessment Rate. For the purpose of carrying into effect and the administration of this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, review and adopt an itemized estimate of the amount of money required to carry out the business of the Unit for the next fiscal year, which shall be from October 1 to and including September 30 following (the "Budget "). }�� The proposed Budget shall be prepared �e�- and reviewed by the Pelican Bay Services Division Board prior to its consideration by the Board of County Commissioners and after review by the Committee, the budget shall be Page 2 of 11 Words underlined are added; Words are deleted. Agenda Item No. 16K3 January 24, 2006 heard, considered and adopted by the Board of County Commissioners as provided page 5 of 13 for herein. The proposed Budget shall describe the purpose or purposes for which the moneys are required and the amount necessary to be raised by taxation and special assessment within the Unit. At the time and place for establishing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation or assessment a millage and assessment sufficient to meet the requirements of the Budget; provided, however, the total millage shall not exceed the millage authorized by law for municipal service, taxing and benefit units. SECTION FOUR: AMENDMENT TO SECTION SEVEN OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Seven is hereby amended to read as follows: SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee Known as the Pelican Bay Services Division Board. Concurrent with the passage of the Ordinance, an eleven (11) member advisory committee to be known as the Pelican Bav Services Division Board (PBSD Board o ajid B@R@& Unit r eWA3ii4@e is hereby created. Those individuals who are members of the PBSD Board Gen4miaee pursuant to Collier County Ordinance No. 90 -111, as amended, as of the moment prior to the effective date of this Ordinance, shall continue on as members of the PBSD Board Get®e until March 3151 of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. SECTION FIVE: AMENDMENT TO SECTION EIGHT OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Eight is hereby amended to read as follows: SECTION EIGHT: Composition, Nomination and Appointment. A) The PBSD Board shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine (9) ofthe PBSD BOardC@B4R+4tee members shall be representative ofthe residential interests within the Unit and two (2) of the PBSD BoardC4n+w4ttee members shall be representative of the commercial and business interests within the Unit. Page 3 of 1 ] Words underlined are added; Words stFueh C"•_l are deleted. Agenda Item No. 16K3 January 24, 2006 Page 6 of 13 Members of the PBSD BoardCe� shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein. The nine (9) _PBSDBoardCewAv440e members representative of the residential interests within the Unit shall be residents of and qualified electors within the Unit. The two (2) PBSD Boarditee members representative of the commercial/business /other interests shall be residents of and qualified electors in Collier County. Appointment of members to the PBSD Boarder shall be by resolution of the Board of county Commissioners, which resolution shall set forth the date of appointment and the term of office. Any member of the PBSD Board who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status. Upon the Board of County Commissioners receiving such notice, otherwise becoming aware of such vacancy, or if a vacancy occurs by any other process, the Board of County Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant position with a person from among the unsuccessful candidate(s) min for the position from the immediately preceding recommendatory balloting that receives recommendation from the PBSD Board. In the event the PBSD Board should fail to provide its recommendation to the Board of County Commissioners within twenty days of the Board of County Commissioners being informed_ of `.member's change in status," the Board of County Commissioners shall appoint the recent unsuccessful candidate that received the greatest number ofvotes amongthose unsuccessful candidates. b B) The terms and provisions of Section Six of Collier County Ordinance No. 2001 -55, titled "PROCESS OF APPOINTMENT" shall not be applicable to appointment of members to the Unit. Page 4 of 11 Words underlined are added; Words st+eelE are deleted. Agenda Item No. 16K3 January 24, 2006 C) Upon adoption of this Ordinance, all of the members of the PBSD Page 7 of 13 Boar(14 i; ee-shall be appointed by, and all vacancies shall be filled by, the Board of County Commissioners, in the manner outlined herein, beginning with appointment to the PBSD Boarder of members to fill expiring memberships. All appointments of members to the PBSD Boara.,�shall be at the sole and complete discretion of the Board of County Commissioners. Provided however, that the Board of County Commissioners will take into consideration and give great weight to the recommendations of the property owners within the Unit, utilizing the process outlined herein. Beginning with the second Tuesday in December, 2002, and each second Tuesday in December thereafter, the Board of County Commissioners shall publicly announce and advertise all current vacancy(ies) on the PBSD Board GewAR4ee as of that date and shall request that applications be submitted to the Board of County Commissioners to fill the expiring eked term(s). All such applications shall be submitted in writing to the Board of County Commissioners no later than 28 days after said announcement as determined by the postmark on mailed applications and the time stamp on hand delivered applications. The name(s) of all appropriately qualified individuals timely submitted to the Board of County Commissioners shall be considered nominees for appointment to fill said expiring eked term(s). The Board of County Commissioners shall then publish said list of nominees and the positions on the PBSD Board � for which they have been nominated (i.e., for the "residential interests" or for the "commercial/business /other interests ") and deliver a conformed copy thereof to the Clerk of Courts (the "Clerk "). The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the non - governmental property owners of the class (i.e. "Residential or Commercial /Business /Other") corresponding with the class forwhich the balloting is occurring ('Residential or Commercial /Business /Other ") within the Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. U ) L One (1) indivisible vote may be cast for each parcel in the Unit Page 5 of 1 I Words underlined are added; Words fitf�� are deleted. Agenda item No. 16K.3 January 24, 2006 Page 8 of 13 regardless of the number of persons who have an ownership interest in the property or the manner in which title is held by them, with each discrete parcel being those as listed by the Property Appraiser of Collier County and as approved by resolution of the Board of County Commissioners. Commercial /Business /Other owners cast ballots only for "Commercial /Business /Other interest" positions and Residential owners cast ballots only for "Residential interest" positions. Only one ballot shall be counted for each parcel. If multiple ballots are cast for the same parcel by owners of record, all ballots for that parcel will be deemed invalid. It is not the responsibility of the Clerk or the County Attorney to determine or select the ballot to be counted wherein multiple ballots for a parcel are cast as described herein. ii. For purposes of determining record title owners of property entitled to cast ballots, the listed record title owners of property as evidenced by the Collier County Property Appraiser's tax rolls as of sixty (60) days prior to the balloting date shall be utilized and deemed conclusive. Not less than forty -five (45) days prior to the balloting date, the Property Appraiser shall provide the Clerk and the Board of County Commissioners with the list of all parcels within the Unit, each parcel's identification number, the names of the property owners and their addresses, with said list designating each parcel as either residential /commercial /other (based upon the Property Appraiser's classification system). iii. The mail ballots shall be cast directly with the Clerk. At the place and time stated in the notice of the balloting published by the Board of County Commissioners, the Clerk, with the assistance of the County Attorney's Office, shall open and count the ballots, which have been returned to the Clerk as of the date and time stated in such notice of balloting, in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance. Any member ofthe public shall be entitled to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall be final. iv. The nominee(s) receiving a plurality of the ballots cast in each category of membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners. The Board of County Commissioners shall then, at their next regularly scheduled meeting, make Page 6 of 1 l Words underlined are added; Words ""^'''"""� are deleted. Agenda Item No. 16K3 January 24, 2006 the necessary appointments to fill said positions. Page 9 of 13 Eli) The cost of the nomination and balloting process shall be borne by the Board of County Commissioners. SECTION SIX: AMENDMENT TO SECTION NINE OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Nine is hereby amended to read as follows: SECTION NINE: Terms of Office of the Pelican Bay Services Division Board. In 2002, ofthe four (4) terms which are expiring: i) two (2) positions shall be filled with persons representative of the residential interests who shall each be appointed for a four (4) year term; and ii) two (2) positions shall be filled with persons representative of the commercial/business /other interests, wherein one (1) person will be appointed for a four (4) year term and one (1) person appointed for a two (2) year term Thereafter, each appointment or reappointment shall be for a term of four (4) years. Each new term of appointment will begin on the date of appointment and expire on March 31'. A member of the PBSD 3oard6eHmn4ee may be reappointed by the Board of County Commissioners without limitations. Appointments to fill any vacancies on the PBSD Boarder 'mom -shall be for the remainder of the unexpired term of office. SECTION SEVEN: AMENDMENT TO SECTION TEN OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Ten is hereby amended to read as follows: SECTION TEN: Removal From Office; Failure to Attend Meetings. A) Any member of the PBSD BoardGefflFA44ee may be removed from office by a majority vote of the Board of County Commissioners. B) Notwithstanding the provisions of Collier County Ordinance No. 2001 -55 as to attendance, if any member of the PBSD BoardGeMFP�ttee fails to attend two (2) consecutive Boarditee meetings without a satisfactory excuse, as determined by the PBSD Board, or if a member is absent from more than one -half of the PBSD BoardGai+iwittee's meetings in a given fiscal year, the PBSD BoardCe+i*ffi tee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners in conformance with this Page 7 of I I Words underlined are added; Words ° -�&-•4Fe+e+Fg.4 are deleted. Agenda Item No. 16K3 January 24, 2006 Page 10 of 13 Ordinance. SECTION EIGHT: AMENDMENT TO SECTION ELEVEN OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Eleven is hereby amended to read as follows: SECTION ELEVEN: Officers; Quorum; Rules of Procedure. A) At its earliest opportunity, the membership of the PBSD BoardGaxw� shall elect a chairman and vice chairsmni —from among the members. Officers' terms shall be for one (1) year, with eligibility for re- election. B) The presence of six (6) or more members shall constitute a quorum of the PBSD BoardCoffwR4tee necessary to take action and transact business. In addition, an affirmative vote of a majority of the members present shall be necessary in order to take action, except that an affirmative vote of seven (7) or more members present shall be required to recommend the Budget for the Unit to the Board of County Commissioners. C) The PBSD BoardGeffwa44ea- shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business of the PBSD BoarX;a> and shall keep a detailed record of meetings, resolutions, findings and determinations. SECTION NINE: AMENDMENT TO SECTION TWELVE OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Twelve is hereby amended to read as follows: SECTION TWELVE: Reimbursement of Expenses. Members of the PBSD Boarder shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners after approval by the PBSD Board. SECTION TEN: AMENDMENT TO SECTION THIRTEEN OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Thirteen is hereby amended to read as follows: SECTION THIRTEEN: Functions, Powers and Duties of the Pelican Bay Services Division Board• The functions, powers and duties of the PBSD Board9ofmR4ee-shall be as follows, and shall be carried out consistent with the provisions of the Memorandum Page 8 of 11 Words underlined are added; Words 4f__k44e++t4, are deleted. of Understanding/ Letter of Understanding referenced herein: A) With the assistance of the County Manager, provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in this Ordinance. B) Upon any decision by the Board of County Commissioners to dissolve, merge or otherwise change or discontinue the functions or services provided by the Pelican Bay MSTBUIref��ie-t, the PBSD BoardGexitee shall be prepared to and shall aid, assist and provide input to the County Manager and the Board of County Commissioners, within the time frame requested, in effectuating a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations to the Unit. C) With the assistance of the County Manager, to prepare and recommend to the Board of County Commissioners an itemized Budget of the amount of money required to carry out the business of the Unit for the next fiscal year. D) The PBSD BoardCee shall recommend work programs and priorities to the Board of County Commissioners in accordance with the adopted Budget or Budget amendments which may be adopted by the Board of County Commissioners in accordance with law. The execution of work programs shall be under the direct supervision and responsibility of the Pelican Bay Services Division BoardC,gunty to be executed by the Pelican Bay Services Division staff with the assistance of any additional County staff needed in accordance with the Memorandum of Agreement /Letter of Understanding. Said work may be performed under contract (in accordance with law and County policy) or by County forces. Page 9 of I I Words underlined are added; Words 4f are deleted. Agenda Item No. 16K3 January 24, 2006 Page 11 of 13 Agenda Item No. 16K3 January 24, 2006 Page 12 of 13 E) To enter into a Memorandum of Agreement/Letter of Understanding with the Board of County Commissioners, and with the County Manager, wherein the parties outline that the intent in the operation of the Unit is to allow the PBSD BoardC,e*FA4+4t-e6 to exercise decision and control of the day to day operational affairs of the Unit to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. SECTION ELEVEN: AMENDMENT TO SECTION FOURTEEN OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Fourteen is hereby amended to read as follows: SECTION FOURTEEN: Duties of the County Manager. The duties of the County Manager or his designee shall be: A) To participate in the adfa� administration of the activities of the Unit in accordance with the Memorandum of Agreement/Letter of Understanding, and the established policies of the Board of County Commissioners, subject to the terms of this Ordinance. B) To assist the PBSD 3oard+t4ee performing its functions as defined by this Ordinance including the preparation of the proposed annual Budget. C13) To require any contract manager or employee manager of the Unit to report directly to the County Manager. SECTION TWELVE: AMENDMENT TO SECTION SIXTEEN OF COLLIER COUNTY ORDINANCE NO. 2002 -27 Section Sixteen is hereby amended to read as follows: SECTION SIXTEEN: Opportunity to Comment Prior to Initial Implementation or Use of the Unit's Taxing and Assessment Authority. Prior to adopting the Budget for the Unit and implementing any taxing or assessment authority under this Unit, the Board of County Commissioners shall hold a public hearing upon reasonable notice in a local newspaper of general circulation. At such public hearing the Board of County Commissioners will consider the Budget recommended by the PBSD Board and provide the public the opportunity to comment on the proposed Budget and the implementation or use of the Unit's taxing and assessment authority. Page 10 of 11 Words underlined are added; Words r, `'� - are deleted. Agenda Item No. 16K3 January 24, 2006 SECTION THIRTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCE. Page 13 of 13 The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOURTEEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIFTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 24`h day of January, 2006, ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, CLERK COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: Approved as to form and legal sufficiency: David C. Weigel, County Attorney 05- 000 - 00002/6 Frank Halas, CHAIRMAN Page I 1 of i I Words underlined are added; .Uords e are deleted. Agenda Item No. 17A January 24, 2006 Pagel of 64 EXECUTIVE SUMMARY RZ- 2005 -AR -7825: Mandalay Place LLC, represented by Gary Butler, of Butler Engineering, Inc., requesting a rezone from the Estates (E) zoning district to the Residential Single- Family (RSF 5[3]) zoning district which allows 3 dwelling units per acre. The subject property, consisting of 2.31 acres, is located at 3111 Bailey Lane, in Section 23, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone the subject property and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is seeking this rezoning to allow development of the subject site in conjunction with the two adjacent RSF -5 zoned tracts also owned by the petitioner (west and south of the subject site). The stated goal is to gain zoning to allow the three tracts to be developed together as a single - family subdivision. The subject site would be limited to a maximum of 3 dwelling units per acre on the 2.31 acre tract, which would allow up to seven single- family residential dwelling units to be developed on the subject tract. 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 rezoning is approved, a portion of the land could be developed. 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. Mandalay Place, RZ- 2005 -AR -7825 Executive Summary for 1/10/96 BCC Page 1 of 4 Agenda Item No. 17A January 24, 2006 Page 2 of 64 GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban (Urban — Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of four residential units per gross acre and recreation and open space uses. However, this applicant's property is also within the County's Traffic Congestion Area, an area identified as subject to long -range traffic congestion. Based upon the GMP Density Rating System, 1 dwelling unit per gross acre would be subtracted from the base density of 4 dwelling units per acre. Therefore, the maximum allowable density will be 3 dwelling units per acre or 7 dwelling units on the subject's property of ± 2.31 acres. Review of the Density Rating System yields that the proposed residential development, that being Mandalay Place Subdivision, is eligible for a base density of 4 dwelling units per acre (DU /A): Base Density 4 DU /A Traffic Congestion Area -1 DU /A Total Eligible Density 3 DU /A x 2.31 acres = 7 (6.93) dwelling units As previously noted, the petitioner owns two adjacent tracts. If the petitioner wishes to develop all three tracts together, staff has determined that the total sites would be eligible for a maximum of 31 dwelling units, as shown below: Folio #: 00264960009, 2.31 acres x 3 DU /A = 7(6.93) dwelling units (DUs) Folio #: 00265000007, 2.31 acres x 5 DU /A = 12(11.6) DUs Folio #• 00266880006 2.46 acres x 5 DU /A = 12(12.3) DUs Total 31 DUs However, it is important to note that just because 31 units is the maximum density for which the site is eligible under the GMP, there is no guarantee that number of units would be developed on site. Other concerns such as environmental issues, water management requirements, and roadway necessities very possibly could reduce the number of dwelling units developed on the site to a significantly lower number. GMP Policy 5.4 requires all new developments to be compatible with and complementary to the surrounding land uses. Staff believes this petition will be consistent with the FLUE and Policy 5.4 because with the exception of the land to the east, the surrounding property appears to either be developed with comparable uses at a similar density, or the zoning is in place to allow such development. Transportation Element: Transportation Division staff has reviewed the petition and recommends approval based on the following facts: The proposed development for this site would allow development of seven single- family residential lots. Transportation staff has conducted the consistency analysis for the proposed rezone and the Trip Generation projects a Mandalay Place, RZ- 2005 -AR -7825 Executive Summary for 1/10/96 BCC Page 2 of 4 Agenda Item No, 17A January 24, 2006 Page 3 of 64 maximum of nine PM peak hour trips. The first segment impacted by this development is Airport Pulling Road from Pine Ridge Road to Golden Gate Parkway with less than 1 percent impact. Therefore, this petition is consistent with Policy 5.1 and 5.2. Environmental Issues: Environmental Services staff has reviewed the petition and will address their concerns as part of the platting process if the rezoning is approved. ENVIRONMENTAL ADVISORY COUNCIL: The Environmental Advisory Council did not hear this petition because it does not require that review as part of rezoning due to its small size and its location outside any Coastal area. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on November 17, 2005 and with a unanimous vote recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval with the following conditions: 1. Prior to the issuance of the first Certificate of Occupancy, the developer shall provide a Type B buffer along the northern and eastern property perimeter boundaries that contains trees that are a minimum of 14 feet high at time of planting. The trees must be set at 25 feet on center. Along the northern boundary, all required trees must be oak trees. 2. Principal and accessory structures abutting the Hawksridge shared property boundary shall be limited to a maximum height of 25 feet, and the structures shall be limited to a maximum of two stories. 3. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns, shall pay to the Collier County Affordable Housing Trust Fund the sum of $1,000 for each residential unit. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. 4. Accessory structure setbacks shall be the same as the principal structure setback. Note: The conditions listed above are only applicable to that portion of Mandalay Place that is described in the legal description for this rezone petition. Because the CCPC approval recommendation was unanimous, this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the Mandalay Place, RZ- 2005 -AR -7825 Executive Summary for 1/10196 BCC Page 3 of 4 Agenda Item No. 17A January 24, 2006 Page 4 of 64 staff report. A summary of the legal considerations and findings recommended by 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 of the Traffic Element of the GMP. • The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition RZ- 2005 -AR -7825, noting that, in staff's opinion, the request is consistent with all relevant goals, objectives and policies of the Future Land Use Element and the Future Land Use Plan Map designation, and the Transportation Element of the GMP. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Mandalay Place, RZ- 2005 -AR -7825 Executive Summary for 1/10/96 BCC Page 4 of 4 Agenda :lent No. 17A January 24, 2006 Page 5 of 64 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17A Item Summary: This item requires that all participants be swom in and ex pane disclosure be provided by Commission members. RZ- 2005 -AR- 7625. Mandalay Place LLC, represented by Gary Butler, of Butler Engineering, Inc, requesting a rezone from the Estates (E) zoning district to the Residential Single - Family (RSF 513]) zoning district which allows 3 dwelling units per acre. The subject property. consisting of 2.31 acres, is located at 3111 Bailey Lane, in Section 23, Township 49 South, Range 25 East, Collier County, Florida. Meeting Date: 1124/2006 9.00:00 AM Prepared By Kay Deselem, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 12/13/2005 8:28:15 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 12/13/2005 8:61 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 12113/20053:02 PM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 1 211412 005 10:12 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12/15/2005 8:D4 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 1211512005 10:50 AM Approved By Marjorie M. Student Assistant County Attorney Date County Attorney County Attorney Office 121612005 1 0:28 AM Approved By Susan Murray. AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 12116/200510:39 AM Approved By Community Development & Joseph K. Schmitt Environmental Services AUminstrator Date Community Development 8 Community Development & Environmental Services Environmental Services Admin. 1211712005 11:56 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1211912005 2:56 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12120/2006 10:38 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Off-ice of Management & Budget 12120/200612:18 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12127/20061:08 PM Agenda Item No. 17A January 24, 2006 Page 6 of 64 Coder County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 17, 2005 SUBJECT: PETITION: RZ- 2005 -AR -7825, MANDALAY PLACE OWNER/AGENT: Agent: J. Gary Butler Owner: John T. Mahoney Butler Engineering, Inc. Mandalay Place LLC 2223 Trade Center Way 100 Pearl Street Naples, FL 34109 Bridgewater, MA 02324 REOUESTED ACTION: The petitioner is requesting a rezone from the Estates (E) zoning district to the Residential Single - Family (RSF -5[3]) zoning district. GEOGRAPHIC LOCATION: The property is located at 3111 Bailey Lane, in Section 23, Township 49 South, Range 25 East, Collier County, Florida. (See illustration on following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is seeking this rezoning to allow development of the subject site in conjunction with the two adjacent RSF -5 zoned tracts also owned by the petitioner (west and south of the subject site). The stated goal is to gain zoning to allow the three tracts to be developed together as a single - family subdivision. The subject site would be limited to a maximum of 3 dwelling units per acre on the 2.31 acre tract, which would allow up to seven single - family residential dwelling units to be developed on the subject tract. Staff Report for November 17, 2005 CCPC Mandalay Place, RZ- 2005 -AR -7825 Page 1 of 7 Agenda Item No. 17A January 24, 2006 Page 7 of 64 SURROUNDING LAND USE AND ZONING: North: Hawks Ridge Subdivision, with a zoning designation of PUD, approved at a density of 3 dwelling units per acre South: A 2.46 -acre Residential Single Family (RSF -5) zoned vacant tract that is also owned by the petitioner, then Bailey Lane, then The Cottages, a developed single - family home subdivision with a zoning designation of RSF -4 East: A 4.77± -acre undeveloped tract with a zoning designation of Estates (E) West: A 2.31± -acre undeveloped tract that is also owned by the petitioner with a zoning designation of RSF -5 iii LL�1 u It1D y lPK1 0 y 1 92 � 4p 11 W a � PD 31 L 99 Tp4CT L 11 hf w RJ 2 ORIt•E is 25 LA T E w 17 ,6 1 1 1� 15 12 i1 10 1 3 s 1 ? 1 E 2 'n Subject 0 +7r% property 'a BRI[?GEV/DCU o E SUBDIvROW a ®AiLEY 'iWF —7— \" iM 2 r u ,T 1la 12 PL-C 6 AILSOW 11 1 4,5,93 NhL LTR. Staff Report for November 17, 2005 CCPC Mandalay Place, RZ- 2005 -AR -7825 Page 2 of 7 Agenda Item No. 17A January 24, 2006 Page 8 of 64 GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban — Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of four residential units per gross acre and recreation and open space uses. However, this applicant's property is also within the County's Traffic Congestion Area, an area identified as subject to long -range traffic congestion. Based upon the GMP Density Rating System, 1 dwelling unit per gross acre would be subtracted from the base density of 4 dwelling units per acre. Therefore, the maximum allowable density will be 3 dwelling units per acre or 7 dwelling units on the subject's property of f 2.31 acres. Review of the Density Rating System yields that the proposed residential development, that being Mandalay Place Subdivision, is eligible for a base density of 4 dwelling units per acre (DU /A): Base Density 4 DU /A Traffic Congestion Area -1 DU /A Total Eligible Density 3 DU /A x 2.31 acres = 7 (6.93) dwelling units As previously noted, the petitioner owns two adjacent tracts. If the petitioner wishes to develop all three tracts together, staff has determined that the total sites would be eligible for a maximum of 31 dwelling units, as shown below: Folio #: 00264960009, 2.31 acres x 3 DU /A = 7(6.93) dwelling units (DUs) Folio #: 00265000007, 2.31 acres x 5 DU /A = 12(11.6) DUs Folio #: 00266880006, 2.46 acres x 5 DU /A = 12(12.3) DUs Total 31 DUs However, it is important to note that just because 31 units is the maximum density for which the site is eligible under the GMP, there is no guarantee that number of units would be developed on site. Other concerns such as environmental issues, water management requirements, and roadway necessities very possibly could reduce the number of dwelling units developed on the site to a significantly lower number. GMP Policy 5.4 requires all new developments to be compatible with and complementary to the surrounding land uses. Staff believes this petition will be consistent with the FLUE and Policy 5.4 because with the exception of the land to the east, the surrounding property appears to either be developed with comparable uses at a similar density, or the zoning is in place to allow such development. Transportation Element: Transportation Department staff has reviewed the petition and recommends approval based on the following facts: The proposed development for this site would allow development of seven single - family residential lots. Transportation staff has conducted the consistency analysis for the proposed rezone and the Trip Generation projects a maximum of nine PM peak hour trips. The first segment impacted by this development is Airport Pulling Road from Staff Report for November 17, 2005 CCPC Mandalay Place, RZ- 2005 -AR -7825 Page 3 of 7 Agenda Item No. 17A January 24, 2006 Page 9 of 64 Pine Ridge Road to Golden Gate Parkway with less than 1 percent impact. Therefore, this petition is consistent with Policy 5.1 and 5.2. ANALYSIS: Environmental: Environmental Services staff has reviewed the petition and will address their concerns as part of the platting process if the rezoning is approved. Utilities: The Utilities Department staff has reviewed the petition and agrees that water and sewer service will be provided by the City of Naples. The petitioner provided a letter from the city regarding this issue, and it is included in the application material. Zoning and Land Development Anal: Zoning staff has reviewed this petition and believes the proposed use is consistent with the GMP as indicated previously in the GMP discussion. The GMP, through Policy 5.4, also requires proposed development to be compatible with and complementary to the surrounding land uses. Development standards, such as building heights, setbacks, landscape buffers, potential building mass, building location, orientation, and the amount and type of open space and location of that open space are considerations of compatibility as well. The petitioner submitted an application for plat approval for the combined three tracts (PPL- 2005 -AR -7393) on April 7, 2005. That petition remains under review. It appears that the site plan may be configured to preserve areas along the eastern property boundary of the southern third of the site. That is the area with the lowest density of the surrounding area, and that preserve areas would in fact help to buffer the effects of this project on that property. The purpose and intent of the residential single - family districts (RSF) is to provide lands primarily for single - family residences. These districts are intended to be single- family residential areas of low density. The nature of the use is the same in all of these districts. Variation among the RSF -1, RSF - 2, RSF -3, RSF -4, RSF -5, and RSF -6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping, and signs. Certain structures and uses designed to serve the immediate needs of the single - family residential development in the RSF districts, such as governmental, educational, religious, and non - commercial recreational uses, are permitted as conditional uses as long as they preserve, and are compatible with, the single - family residential character of the RSF district(s). The RSF districts correspond to and implement the urban mixed -use land use designation on the Future Land Use Map (FLUM) of the Collier County GMP. The maximum density permissible in the residential- single -RSF districts and the urban mixed -use land use designation shall be guided, in part, by the density rating system contained in the Future Land Use Element (FLUE) of the Collier County GMP. The petitioner in this case is seeking a rezoning to RSF -5(3), which means he wishes to utilize the property development regulations for the RSF -5 zoning district, allowing for smaller individual lots, but has agreed not to exceed a density of three units per acre. The site cannot be rezoned to RSF -5 because that zoning district's 5 units per acre (upa) would exceed what is allowable by the Growth Management Plan (GMP) as explained in the GMP discussion. The differences between the Estates, RSF -3 and the RSF -4 zoning districts property development regulations are shown in the table below. Staff Report for November 17, 2005 CCPC Mandalay Place, RZ- 2005 -AR -7825 Page 4 of 7 Agenda Item No. 17A January 24, 2006 Page 10 of 64 Excerpts from Table of Setbacks (LDC Section 2.07.00) and Lot Design Requirements for Principal Uses (LDC Section 4.02.01.A) [in feet, unless otherwise noted] Zoning Front Side Yard Side Yard Rear Lot Lot Width Floor Area of District Yard Waterfront Non- Yard Area (Corner/ Buildings (sq. ft.) Waterfront Interior) (1 story/2 story) Estates 75 30 30 75 98,010 150 1,000 RSF -3 30 10 7.5 25 10,000 95/80 1,000/1,200 RSF -5 25 10 7.5 20 6,000 70/60 600/800 All numbers shown are the required minimum amounts Maximum Building Height of 35 feet is the same in both districts If the rezoning is approved, the petitioner would be required to provide a Type A Buffer (10 -feet wide with trees spaced 30 feet on center) along the perimeter property lines. The proposed change to the RSF -5(3) zoning district from the Estates (E) zoning district is not anticipated to have an adverse effect upon living conditions in the neighborhood. The surrounding properties that are developed have densities ranging from three units per acre (within Hawks Ridge PUD) to four units per acre (The Cottages subdivision). Other surrounding properties are undeveloped with RSF -5 or Estates zoning. The proposed single family residential use is compatible with the existing uses and the proposed 3 upa density appears to be a reasonable density given the surrounding areas. Staff believes the rezoning is consistent with GMP Policy 5.4. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required NIM on September 1, 2005 at 5:30 p.m. at the Naples First Church of the Nazarene, 3100 Bailey Lane, Naples, Florida. Approximately 40 people attended including the applicant's team and County staff. In response to questions from the attendees, the petitioner offered the following: The lot sizes will be 6o feet by 120 feet with a maximum of three units per acre. The overall project will be served by an access point on Bailey Lane. The petitioner was unable to provide definitive answers regarding whether the project would be gated or whether he would be the ultimate developer of the site. The petitioner stated that the proposed building envelope is proposed to be 3,000 square feet. The developer stated that this project would provide landscape buffers "beyond what the County requires," however he did not commit to any particular buffer specifications. Members of the Hawks Ridge community requested a commitment to limit the project to single -story buildings adjacent to single -story homes within Hawks Ridge. The developer stated he would "work together with the neighborhood," but did not offer any specific commitment. (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator) STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan and Land Development Code. Therefore, Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition RZ- 2005 -AR -7276 to the Board of Staff Report for November 17, 2005 CCPC Mandalay Place, RZ- 2005 -AR -7825 Page 5 of 7 Agenda Item No. 17A January 24, 2006 Page 11 of 64 County Commissioners with a recommendation of approval. PREPARED BY: KAY DESELEM, A1CP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY REVIEWED BY: DATE RAY BELLOWS, MANAGER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 10, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: Staff Report for November 17, 2005 CCPC Mandalay Place, RZ- 2005 -AR -7825 Page 6 of 7 MARK P. STRAIN, CHAIRMAN DATE Agenda Item No. 17A January 24, 2006 Page 12 of 64 Staff Report for November 17, 2005 CCPC Mandalay Place, RZ- 2005 -AR -7825 Page 7 of 7 REZONE FINDINGS RZ- 2005 -AR -7825 Agenda Item No. 17A January 24, 2006 Page 13 of 64 Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP), Environmental staff has indicated that the propose rezone is consistent with the Conservation and Coastal Management Element, and Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and finds that the project is consistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies, and recommends that the petition be deemed consistent with the overall GMP. 2. The existing land use pattern; This project will be consistent with the existing and proposed land use patterns as explained in the staff report. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also compatible with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed zoning district boundaries are logically drawn and they are consistent with the Urban Mixed -Use District — Urban Coastal Fringe Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends and changing market conditions make the proposed rezoning desirable for the applicant. The rezoning is not necessary, per se, but it does seem appropriate. The proposed rezoning is appropriate based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; GACurrentlDeselemlRezone caseslMandalay Place, RZ- 2005- AR- 78251Findings, Rezone 11- 17- 05.doc Page 1 of 3 Agenda Item No. 17A January 24, 2006 Page 14 of 64 The development standards and landscaping requirements contained in the LDC are intended to mitigate any adverse impact to the living conditions in this neighborhood if the proposed rezoning is approved. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed rezone and has recommended approval of the petition based upon transportation - related GMP policies. The development will be subject to concurrency requirements designed to adequately address traffic congestion concerns when development approvals are sought. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone is approved. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone complies with the land use designation of Urban Mixed -Use District — Urban Coastal Fringe Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP) which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. Staff is recommending that the petition be deemed REZONE FINDINGS RZ- 2005 -AR -7825 G:\ Current \Deselem \Rezone cases \Mandalay Place, RZ- 2005- AR- 7825Tindings, Rezone 11- 17- 05.doc Page 2 of 3 Agenda Item No. 17A January 24, 2006 Page 15 of 64 consistent with the overall GMP with stipulations. In light of this fact, approval of the rezone petition would not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property is currently undeveloped, but could be developed in compliance with the existing zoning, and the uses could remain if so desired by the property owner. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed rezone is compatible with surrounding property in size and scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. However, suffice to say there are most likely areas of the County with conventional zoning that would allow development of the housing types proposed by the petitioner. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and general compliance with the Land Development Code. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. While site conditions may restrict the location and square- footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi- disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and, the Transportation Planning staff found it consistent with the Transportation Element of the GMP. REZONE FINDINGS RZ- 2005 -AR -7825 G: \Current \Deselem \Rezone cases \Mandalay Place, RZ- 2005 -AR- 7825 \Findings, Rezone 11- 17- 05.doc Page 3 of 3 QC)d' � O CO <— O O N 0 z N CD r � L s= � Q (LC -ao) adoa oNmnd- Laodaro ° r I a / c s 4 Z � AVM OLN3Wtla�VS lu w Oco° o a a = 2� ° 7m y VP WNV HS l00o O a 0 S �o ° Nna a ILaV - � n m vii o _ 3 �a J PAP i a z 0 laa s3>tvt 0000 I v I 3N 0A ION / 7 1� 5� L F- U) 1.J.. C� C Z O F- L) O 10 N Go Q N Z O H H W n. u•y.r�aee�a S o � m c 3N•d x ° °'°"'a'e'" 9gpp m @a p Q awnxo.�awnn f2. ¢ O a OJ gg P N w p-j -' 14 a $O s a€ a< H � 3� qq ms £' iF. u 1 ` � a HO111Ntl'J aim sHrrvitANOdNr �4 S �CF I>• ctl33 �a� n as ffi � b w }° d m ppt GNd ObOtl 31y)pppj �� ~�� 3igtl l`_ � n 1{Yr�i91 ' WGtl)N�Mi8114700W n Cm Oe m 11r4N7gLL mvwa � a 1� 5� L F- U) 1.J.. C� C Z O F- L) O 10 N Go Q N Z O H H W n. * 1°Ai�sroe? • �,. .-r ." �.. r'p�'s4'aM'� I t Al '. f. Subject PropertyV p[ : X .�.:• - — .. 4L. ow M Ij I { w wn FIQ- 11---' INACT D 32 ffi 1� 27 20 31 1 � ! sas 19 � P1 i id .�1I x2 jI zs < TRACT 'L �SR�J - Z + — aRl',E ' 3 1 a, h GT j TRACT tD e a 17 is y a s B Subject RSA v \ property A„ BRIDGEYtDrJd E SUBDIVISION I CU 1e2a2i -2 IIIh BAILEY i4NE 2 1 I I- ' _ ! 7 14 11 III 4 la I 19 �p 12 P a 'WILSON 21 11 p u Q O C-2 1;7 J 0 0 4 C 0.15.23 NAL Ci}i. Agenda Item No. 17A January 24, 2006 Page 18 of 64 r f Agenda Item No. 17A January 24, 2006 Page 19 of 64 ,anima • ,r APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE RZ- 2005 -AR -7825 PROJECT #2004120050 Petition No.: Date Petition Received: _ DATE: 6/16/05 KAY DESELEM Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Z . General Information: l /Name of Applicant(s) Applicant's Mailing. Address i ©O City �r i c�a ud o`-�e✓' State „ M-A-- Zip �'o� 3p2 4 Applicant's E -Mail Address: - Applicant's Telephone # S S09-69-1- (ol28 Fax # 50g- tpq-1 - bq22- Name of Agent 8a.C-24 - 911rHtnr- Firm &- U� Enali nee -Y'►n� lT-�C. Agent's Mailing Address a, 3 Trade. Cer�4r-4' Wa q City f\,\ ,C) I -c5. Stdtd Zip 34 1 Coq Agent's Telephone # J`'Co (0 3(, 36. (VgDS) Fax # S(o b - 130-1 Agent's E -Mail Address: r-,,20 A 6 . -A OL • 1,� COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE- NAPLES, FL 34104 PHONE (941) 403 - 2400 /FAX (941) 643.6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4//4/03 Agenda Item No. 17A January 24, 2006 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingl:'20 of 64 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: d 14 Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Master Association: d /+ Mailing Address Name of Civic Association: Mailing Address 2. Disclosure of Interest Information: City State Zip City State Zip City State Zip City State Zip 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 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Percentage off Ownership 1 C)C) 7. Agenda Item No. 17A January 24, 2006 Page 21 of 64 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock P e-, r e r r r; n- 4c r-.0 M4 o 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 Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 4/14/03 Agenda Item No. 17A If any contingency clause or contract terms involve additional part eFagitt??agf64 individuals or officers, IT a corporation, partnership, or trust. Name and Address Date subject property, acquired Q leased ❑ / Term-of lease yrs. /mos. If, Petitioner has option to buy, indicate date of option: n► and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed 1 egal description of the property covered by the application (If space is Inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum V 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: A 3 Township: Range: A S Lot: Block: Subdivision: Plat Book 811 Page #:'7549 Property I.D.#: 00a 6-4-q (a QOd Metes & Bounds Description: �.i 3(7S tee`' Ot ECPS-> '/Q 4. Size of property: ft. X ft. = Total Sq. Ft. Acres of .37 Address /general location of subiect property: APPLICA -ON FOR PU131.,IC 11EARING FOR STANDARD RE70NE - 4114/03 Agenda Item No. 17A January 24, 2006 . 6. Adjacent zoning and land use: Page 23 of 64 Zoning Land use M r s Does the owner of the subject property own property contiguou If so, give complete legal description of entire contiguous inadequate, attach on separate page). Section: Township: -49 Range: Lot: -' Block: Subdivision: s to the subject property? property. (If space is mW `l4 o F NE 'kF o 5W 1l4 0p N� o Q z oo P.g SSA Plat Book Page #: Property I.D. #: Q-626-500,600 6 60 Metes & Bounds Description: t/ E Y2 a AJ E \l9- op S IrJ ' /`f OP h( E `!9- , L o s s Al 3 0 5 f- S 30 Ft Rf tA1 oR iRB� P Sq9 7 Rezone Repuest: his application is requesting a rezone from the zoning district (s) to the 54:* 5 zoning district(s). Present Use of the Property: yao (> n4— Proposed Use (or range of uses) of the property: nq le- 1'a-m U L of 8. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2.7.2.5.) APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 4114103 „ , Agenda Item No. 17A January 24, 2006 Page 24 of 64 1. Whether the proposed change will be consistent with the goals, objectives, and policies and . future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3.. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. S. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffc congestion or "". .create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant ofspecial privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONF 4/l i /03 Agenda Item No. 17A January 24, 2006 Page 25 of 64 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and.implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 11], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the 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? 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre - application meeting. a. A copy of the pre- application meeting notes; b. if this rezone is being'requested for a specific use, provide fifteen (15) copies of a. 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8 %2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the. site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. - d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. 17A January 24, 2006 e. Whether or not an EIS is required, two copies of a recent" aerial hoto photograph, Page 26 of 64 within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f . Statement of utility provisions (with all required attachments and sketches); g . A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A h istorical a nd a rcheological s urvey o r w aiver a pplication i f p roperty is located within an area of historical or archaeological probability (as identified at pre - application meeting); i . Any additional requirements as may be applicable to specific conditional uses and identified during the pre- application meeting, including but not limited to any required state or federal permits. Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately APPLICATION FOR PUBLIC HFARING FOR STANDARD REZONE 4114/0 1. 2. Agenda Item No. 17A January 24, 2006 R7r2005 -AR -7825 Page 27 of 64 pRQJECT #2004120050 DATE: 6116105 KAY DESELEM STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST NAME OF APPLICANT: MAILING ADDRESS: I CaC� 1-'ec�r- +• CITY -8 f" i Ag twalr -r' STATE M-A, ZIP ,23a 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION:' r' Section: ai 3 Township: 411 Range:.. oZ 5 = V `4 Lot: Block: �� Subdivision:z Fiat Book 9-71 Page # r%S Property I.D.# Metes & Bounds Description: tq -fds tJ� N E ')4- 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system) a. "COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ 6. TYPE OF WATER SERVICE TO BE PROVIDED: n a. COUNTY UTILITY SYSTEM ❑ b . CITY UTILITY SYSTEM . ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (NVELL) ❑ APPLICATION FOR PUBLIC NEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. 17A January 24, 2006 7. TOTAL POPULATION TO BE SERVED: / Page 28 of 64 8. PEAK AND AVERAGE DAILY DEMANDS: Z A. WATER -PEAK AVERAGEr�AILY B. SEWER -PEAK AVERAGE DAILY 9. IF PROPOSING TO BE CONNECTED TO.COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE HE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: P 6vide a brief and concise narrative statement and schematic drawing of sewage tr tment process to be used as well as a specific statement regarding the method of effl nt and sludge disposal. If percolation ponds are to be used, then percolation data and 11 involved shall be provided from tests prepared and certified by a professional engine r. 11. COLLIER COUNtY UTILITY DEDICATION STATEMENT: If the project is located within t services boundaries of Collier County's utility service system, written notarized stat ent shall be provided agreeing to dedicate to Collier County Utilities the water dist ' ution and sewage collection facilities within the project area upon completi of the construction of these facilities in accordance with all applicable County ordina es in effect at the at time. This statement shall also include an agreement that the appli able system development charges and connection fees will be paid to the County Uti ties Division prior to the issuance of building permits by the County. If applicable, t e statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 10 STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre- application meeting, if the project is to receive s ewer o r p otable w ater 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 A11111ACATION FOR PUBLIC HEARING FOR STANDARD REZONE- 4114/03 ro !�Al 22 March 2005 Ms. Debbie Lloyd Butler Engineering, Inc. 2223 Trade Center Way Naples, Florida 34109 Tel: 239 -566 -3636 / Fax: 239 -566 -1327 January 4, 2006 Page 29 of 64 RZ- 2005 -AR -7825 PROJECT #2004120050 DATE: 6/16/05 KAY DESELEM Subject: Proposed Mandalay Place Residential Subdivision - Bailey Lane; Section 23, Township 49 South, Range 25 East; City Utility Review File No. 05 -18 Dear Ms. Lloyd: In response to your request under letter dated 17 March 2005, this office has reviewed the subject site development project for a potable water and sanitary sewer availability service request. This letter attests that the subject property is located within both the City of Naples potable water service area and also the sanitary sewer service area. As such, allocation of available utility capacity for domestic water and sanitary sewer services will be assured when the project has received final City approval and all required fees and charges have been paid. This letter does not imply nor guarantee that adequate water and sewer main distribution facilities of sufficient capacity exist adjacent to the planned development. In considering the foregoing should you have any questions or require any additional information, please do not hesitate to call this office at telephone 213 -5004 or email vryziw p(7napfesgov.com. Sincerely, OF NAPLES VAad6ir A. y L-RE., PMP Senior Ci E aineer CC: G. F. Archibald, P.E. CC: Paul McAllister 295 R&,w 4 e v,4 • Zow, 7loud4 34102 -1403 7d, 12391213 --gX4 7". , 12391213 -5010 EfAe,$ 44&4 all 49... Sou re OdOU kd*Td "#... 24alit*t 40 all aad We do. STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST. Agenda Item No. 17A January 24, 2006 Page 30 of 64 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # of I. Completed Application COPIES RE UIRED 2U* NOT RE UIR 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation' 2* 3. Completed Owner /Agent Affidavit, Notarized 2* 4. Pre - application notes /minutes 20* 5. Conceptual Site Plans 20 6. Environmental Impact Statement - (EIS) 4 7. Aerial Photograph -(with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required attachments and sketches 4 9. Traffic Impact Statement - (TIS) 7 10. Historical & Archaeological Survey or Waiver Application 4 11. Copies of State and /or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee = $2500.00 Data Conversion Fee = $25.00 Fire Code Review Fee = $100.00 Check shall be made payable to: Collier County Board of Co►runissioners _ 14. Other Requirements - * Additional Documents required for Long -Range Planning Review. As the authorized agentfapplicant 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 deaf processing this petition. f Agent/App licant 'Mignature APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Date Agenda Item No. 17A January 24, 2006 Page 31 of 64 AFFIDA VI T ,gl, n� (• / '•^ #Vd6q 1- being first duly sworn, depose and say that well am /tire 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 Weaurther authorize 3 � 6ra r L, 7i3u.qe -✓ to act as ou my. epresentative in any matters regarding this Petition. Si ature-6f-Property Owner Typed or Printed Name ol'Owner Signature qf `Prbperty Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged bcfbref me this dcty of 4,o r`i 1 _ fX S by TW - who is �erwrr ally knoticn to me or hus produc•ed cis identificatir�n. _ State of Florida County of Collier G:1Current\Appiication FormsTUD Extension.doc Revised: 02 -18 -04 Signature aqdra 0M 75. M Adutic Banrmg Cm, bm Fl( (Print. Type. or Slump Commissioned Name q Notary Puhlic) RZ- 2005 -AR -7825 PROJECT ##2004120050 DATE: 6/16/05 KAY DESELEM Page 8 of 9 Agenda Item No. 17A January 24, 2006 Page 32 of 64 AFFIDAVIT mil, "j — � - ' being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed site development application; that all the in ormation surveyor is su T provided to the Y fficient to prepare an. accurate boundary survey for this application, and is honest and true to the best of our knowledge and belief, gnatrcre of Property Owner _°� %- "/�'�,�,,e� �'-• %�,4�a��Q'��r� /may Typed or Printed Name of Owner The foregoing instrument was before me this aa? day of ►%t , 200 $-by who is personally known to me or has pro uced State of R - Cou my of Ca 1 J ier' (Signature of Notary Public W–State of ) Notary Stamp Debbae ryv RZ-2005 -AR -7825 PROJECT #2004120050 DATE: 6116105 KAY DESELEM Details Current Ownership �— Folio No.11 00264960009 Mo Property Addresell 3111 BAILEY LN Agenda ltegW. 4701 January 24, 2006 Page 33 of 64 Owner Name MANDALAY PLACE LLC Addresses 100 PEARL ST Ci BRIDGEWATI State MA Zipj 02324 -1629 Legal 23 49 25 N 305FT OF E112 OF NE114 OF SW114 OF NE114 2.31 AC OR 871 PG 756 Section Sub No. 100 ACREAGE HEADER MIllage Area M llaoe ` Use Code 1 SINGLE FAMILY RESIDENTIAL 128 12.8115 2005 Preliminary Tax Roll Township Ran a Acres MaE No. Stra No. 23 49 25 2,31 4A23 492523 011.0004A23 Sub No. 100 ACREAGE HEADER MIllage Area M llaoe ` Use Code 1 SINGLE FAMILY RESIDENTIAL 128 12.8115 2005 Preliminary Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 462,000.00 Date Book - Pa a Amount (+ Improved Value $ 294,736.00 1212004 3697-19 $ 925,000.00 (_) Market Value $ 756,736.00 05/2002 3028 -1593 $ 470,000.00 ( -) SOH Exempt Value $ 0.00 0611980 871-766 $ 35,000.00 (= ) Assessed Value $ 756,736.00 -) Homestead and other Exempt Value I $ 0.00 ( =) Taxable Value 1 $ 756,736.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly httpa/ www. collierappraiser .com/RecordDetail .asp ?FolioID= 0000000264960009 7/20/2005 Division of Corporations Page 1 of 2 Agenda Item No. 17A January 24, 2006 Page 34 of 64 Florida Limited Liability MANDALAY PLACE, L.L.C. PRINCIPAL ADDRESS 100 PEARL STREET BRIDGEWATER MA 02324 MAILING ADDRESS 100 PEARL STREET BRIDGEWATER MA 02324 Document Number FEI Number Date Filed 104000086139 201964575 11/302004 State FL status Effective Date ACTIVE NONE Total Contribution 0.00 Registered Agent Name & Address GO AOBMS, KAPLAN, ET AI. 7J t FIFTH AVENUE SOUTH, SUITE 201 NAPLES FL 34102 Manazer/Memher T)etnil Annual Reports Re on Year Filed Date 2005 04/142005 http:/ /www.sunbiz.orgl scriptsl eordet. exe ?al= DETFIL &nl= LO4000086139 &n2 NAMFWD &n3 =... 7/20/2005 Name & Address Title MAHONEY. JOHN T ID 100 PEARL STREET MGRM BRIDGEWATER MA 0232 Annual Reports Re on Year Filed Date 2005 04/142005 http:/ /www.sunbiz.orgl scriptsl eordet. exe ?al= DETFIL &nl= LO4000086139 &n2 NAMFWD &n3 =... 7/20/2005 Division of Corporations Page 2 of 2 No Name History Information Document Images Listed below are the images available for this filing. THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT httpJ /www.sunbiz.orgl scriptsleordet.exe ?a1= DETFIL &n1= LO4000086139 &n2 NAWWD &n3 =... 7/20/2005 Agenda Item No. 17A January 24, 2006 Page 35 of 64 BUTLER bbb,,,. engineering, inc. June 5, 2005 Ms. Kay Deselem, AICP Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Mandalay Place Dear Kay, . Agenda Item No. 17A January 24, 2006 Page 36 of 64 RZ- 2005 -AR -7825 PROJECT #2004120050 DATE: 6/16/05 KAY DESELEM The attached application is for a 2.31 acre extension to the proposed Mandalay Place Subdivision. The application will change the current estates zoning to RSF -5(3), and create a better neighborhood geometry. The application is in concurrence with the Comprehensive Plan and will help provide for single family housing needs of Collier County. The existing house on the parcel has been demolished, and the pending subdivision application includes all infrastructure to serve the extension. Lot sizes will be consistent with RSF -5 zoning. There is an existing conditional use approved for the two adjoining parcels owned by the petitioner, both of which are also zoned RSF -5. The proposed use is compatible with surrounding uses that range from Ag to PUD. A traffic statement for the proposed 7 lots is attached, but the number of units proposed in the concurrent subdivision review is actually 2 less than the approved/vested conditional use for 24 lots. Access to the site is via Bailey Lane. Water and sewer service is provided by City of Naples. Water management will provide for the 25 year storm event, utilizing natural areas. The hydroperiod of the system will be enhanced by this proposal. A master plan can be provided if requested. We to forward to working. with you on this project. Sin ely, B r Engineering, Inc. X40 O J. ary Butler, PE Q� ti �. 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (239) 566 - 3636 FAX (239) 566 —1 327 Email PBUTLER202SAOL.COM MANDALAY PLACE - TRAFFIC ANALYSIS PEAK HOUR DIRECTIONAL TRIP SUMMARY TART F I TnTAI PM PEAK HOUR PROJFCT.TRIP GENERATION LAND USE ITE CODE UNITS RATE A1/TE PEAK HR TRIPS RESIDENTIAL 210 7 1.23 8.6 TART F 7 FNTFRIEXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR LAND USE TOTAL TRIPS PERCENTAGE ENTER EXIT 1 PM TRIPS ENTER EXIT, RESIDENTIAL 8.6 64 . 36 5.5 3.1 NORTH BOUND TRIPS - AIRPORT ROAD 2.8 1.5 SOUTH BOUND TRIPS - AIRPORT ROAD 2.8 1.5 J. GARY TLER, PE 35479 6/5/2005 Agenda Item No. 17A January 24, 2006 Page 37 of 64 RZ-2005 -AR -7825 PROJECT #2004120050 DATE: 6 /16105 KAY DESELEM Agenda Item No. 17A January 24, 2006 Page 38 of 64 MANDALAY PLACE EVALUATION NARRATIVE 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed single family use is consistent with the growth management plan. Infill density increase provisions are not being requested and the existing infill credit approved for the two adjacent RSF -5 sites will not be necessary if the petition is approved. 2. The existing land use pattern. The existing neighborhood is a collection of single family, multifamily, cluster housing and estate lots, as well an unzoned (agricultural) parcel. The two adjacent parcels, owned by the petitioner, are currently zoned RSF -5 with a maximum of 5 units per acre. These adjacent parcels are under final subdivision plat review at this time. The proposed RSF - 5(3) rezone, coupled with this pending subdivision application of the adjacent tracts, will result in a neighborhood with less total lots than the existing approved conditional use for the two adjacent parcels alone. . 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The addition of this parcel to the two existing RSF -5 parcels will "square up" the district and make it more consistent with adjacent zoning. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. The proposed use is one of the most compatible uses for this site and reduces the checkerboard condition currently existing. 5. Whether -Changed or changing conditions make the passage of the proposed amendment (rezone) necessary. The petition results in efficient infill for the area, most of which is built out or in the process of final lot development. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The low density single family usage will not create significant traffic congestion. 8. Whether the proposed change will create a drainage problem. The proposed use will not create a drainage problem. The water management system will be designed in accordance with SFV3M 25 year / 3 day criteria. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Agenda Item No. 17A January 24, 2006 Page 39 of 64 The proposed single family usage will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. The proposed change should have a beneficial affect on adjacent property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not affect development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Given the shortage of single family lots in Collier County, and the "in- town" ,proximity of the project, the public welfare is well served. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing Estates zoning is compatible with adjacent uses, but the most efficient use of the property is normal single family lots. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. r_ The change brings the parcel into scale with the adjacent RSF -5 parcels to the west and south. The parcel to the east will probably be developed similarly, or as a multifamily transition to the commercial along Airport Road. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There is a very minimal supply of other sites for single family development in the urban area, that are not a part of Golden Gate Estates. 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 class. The physical characteristics of the property are perfect for standard single family usage. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 11], as amended. The proposed lots will have a negligible impact on adequate public facilities. Given the shortage of single family lots in Naples and the close proximity of the site to commercial and business uses, there is actually a positive impact on existing facilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. There are no other identified factors or criteria of concern. BUTLER bbft,,.. engineering, inc. April 29, 2005 Ms. Barbara Burgeson Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 Re: Mandalay Place Rezone Dear Barbara, Agenda Item No. 17A January 24, 2006 Page 40 of 64 RZ- 2005 -AR -7825 PROJECT #2004120050 DATE: 6/16/05 KAY DESELEM This letter is sent to request an EIS waiver due to the above referenced project being less than 10 acres and having no wetlands. Please let me know if you have any questions or need additional information. Sincerely, B LER ENGINEERING, INC. J. Butler P sident 362 -01.30 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566. 3636 FAX (941) 566 — 1327 Email PBUTLER202@AOL.COM BUTLER ftftftb,. - engineering, inc. April 29, 2005 Ms. Ray Bellows Collier County Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 Re: Mandalay Place Rezone Dear Ray, Agenda. Item No. 17A January 24, 2006 . Page 41 of 64 RZ- 2005- AR-7825 PROJECT #2004120050 DATE: 6/16/05 KAY DESELEM This letter is sent to request a Historical Survey waiver on the above referenced project. Please let me know if you have any questions or need additional information. Si erely, B TLER ENGINEERING, INC. Gary Butler President 362 -01.30 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566 — 1327 Email PBUTLER202@AOL.COM COLLIER COUNTY GOVERNMENT DEPT..OF ZONING & LAND DEVELOPMENT REVIEW o WWW.COLLIERGOV.NET - 2800 NORTH Hd r V� NAPLES FLORIDA 42 of 64 239 ( ) 403 -2400 FAX ( 39) 643 -6968 PRE - APPLICATION MEETING NOTES Date: _12.-I 5-0q Time: _q ,3Q__ Firm:U_GNE,rN Project Name: M At_ D�.�{ __.V>U�C � Applicant Name: "i.19Fi-94 Owner Name: Cb 1h-'ll'll -lo_ Owner Address:_ Phone: _ Assigned Planner: s�L_ r Meeting Attendees: (attach Sign In Sheet) Submittal Requirements (refer to application for additional requirements) 20 Copies of the following: UYA• 1 additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) i� Completed Application wz6si-r1_= ® Pre- application Meeting Notes. Conceptual Site Plan 24X 36" and One 8 Yz X 1 1 " copy OV74 PUD document and Master Plan (one 24" x 36" copy of the Master Plan) 2 Copies. of the following: Deeds /Legals a List identifying Owner & all parties of corporation �SF C3� Owner /Agent Affidavit signed & notarized ® Completed Addressing Checklist 4 Copies of the following: ❑ Environmental Impact Statement (EIS) or waiver -ciocS 61S Historical Survey or waiver request (� Utility Provisions Statement w,lskatches [� Architectural rendering of proposed structures J Architectural Review required Survey, signed & sealed - UR I RZ -2005 -AR -7825 PROJECT #2004120050 DATE: 6/16/05 KAY DESELEM PRE - APPLICATION MEETING NOTES Date: _12.-I 5-0q Time: _q ,3Q__ Firm:U_GNE,rN Project Name: M At_ D�.�{ __.V>U�C � Applicant Name: "i.19Fi-94 Owner Name: Cb 1h-'ll'll -lo_ Owner Address:_ Phone: _ Assigned Planner: s�L_ r Meeting Attendees: (attach Sign In Sheet) Submittal Requirements (refer to application for additional requirements) 20 Copies of the following: UYA• 1 additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) i� Completed Application wz6si-r1_= ® Pre- application Meeting Notes. Conceptual Site Plan 24X 36" and One 8 Yz X 1 1 " copy OV74 PUD document and Master Plan (one 24" x 36" copy of the Master Plan) 2 Copies. of the following: Deeds /Legals a List identifying Owner & all parties of corporation �SF C3� Owner /Agent Affidavit signed & notarized ® Completed Addressing Checklist 4 Copies of the following: ❑ Environmental Impact Statement (EIS) or waiver -ciocS 61S Historical Survey or waiver request (� Utility Provisions Statement w,lskatches [� Architectural rendering of proposed structures J Architectural Review required Survey, signed & sealed 11!2012004 00:51 6595724 ADDRESSING�0' ggend PteGE 0- 1 17A VjTL01 ENGINMING �' n 4, 2006 11/29/2004 14:32 5415661327 Page 43 of 64 ADDRESSING CME'CXUSr plans complete the following iA submit to the Addressing Section for Review. Not 11:11 ito s will a M1 to ayMX srroieet: Ion ill bold type -a m- tenuired, 1. Legal description of subject taparty or properties (copy of lengthy description may be attach 2. Fo1Ia (Property ED) aulm vo (attach to, or associate with, legal description fmore ; han on r) =244 4401 -- - -- 3. Street Address or oddresses (as applicable, if already assigned) :2111 -1..; feu 4. Location neap, showing exact location of project/site in relation to rteatceet public road z�ightt -of-w ty is ch) S. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project namt Qfarpplicable) _.J_ _.... 7. Proposed Street dames 8. Site Development Platt Number (FOR EXISTING P1,0JEC7VSITE3 ONLY) SDP - - 9. Petition Type — (Complete a separate Addressing Checklist for each Petition Type) SDP (Site Development Plan) PPL (Plans & Plat Review) SDPA (SDP Amendment) FSP (Preliminary Subdivision Plat) SDPI (SDP Insubstantial Change) ❑ FP (Final Plat) SIP (Site Improvement Play ❑ LLA (Lot Line Adjustment) SIPA (S1P Amendment) BL (Blasting Permit) SNR (Street Name Change) ROW (Right- of-Way Permit) Vegetation/Exotic (Veg. Removal Permits) ❑ EXP (Excavation Permit) Land Vse Petition (Var'iance, Conditions! Use, ❑ VRSFP (Vag. Removal & Site Fill P :mtit) Scat Dock Ext., Rezone, PUD rezone, etc,) ® Other - Describe: 10, Project or development names proposed for, or already Caring in, condorninium documents (if applicable; indicate whether proposed or existing) ., 11. Please Check One: Checklist is to be Faxed Hack Personally Picked Up e -Og � _ stdo t 2. Applicant Mama � ir inn i � . 13. Signature on Addressing Checklisrdoes not do'nstitute Project and/or Street Name approval and is i ubject z Rather review by the Addressing Section. ylr�..`r� �.�.�.��wrl�/rr r.�`...rrr.�rrr��.• r�..�.�rr�.r� �- +.+r.r FOR STAFF USE ONLY Primary Number 591-1 "l Address Number Address Numbet Address Number Approved by n rt e.► Date ti -S or-c 4" Revistd 3 -21 -01 Agenda Item No. 17A January 24, 2006 Subject: Updated: Pre -app Rezone - Gary Butler, Agent Kay Deselem, Planner Location: cds-c Start: Wed 12/15/2004 9:30 AM End: Wed 12/15/2004 10:30 AM Recurrence: (none) Meeting Status: Accepted Required Attendees: CDS-C; DeselemKay; AblerKenneth; salvaggio_r, seals; SawyerMichael; valera_c; HillWes; PodczerwinskyJohn; wiley_r, RoysLaura; CasalanguidaNick; ElUrfaliAlan; rnulier, r, scoff d; bedtelyon_I; HeathGlenn; weeks —d — Pre -app rezone - Gary Butler, 566 -3636, representing Ted Mahoney, Folio Number 00264960009. Rezone from "E" Estates to "RSF -5" to be called Mandalay Place ? on 2.31 acres located at 3111 Bailey Lane. BUTLER Iftftab - engineering, inc. April 29, 2005 Mr. Robert M. Skebe U.S. Postal Service 1200 Goodlette Road Naples, FL 34102 -9998 Re: Mandalay Place Rezone Letter of No objection Dear Mr. Skebe, Agenda Item No. 17A January 24, 2006 Page 45 of 64 R.Z-2005 -AR -7825 PROJECT #2004120050 DATE: 6116105 KAY DESELEM The above referenced site is 2.31 acres that is being submitted to Collier County for rezoning from Estates to RSF5(3). - The address for the above mentioned project is: 3111 Bailey Lane Naples Please call me if you have any questions or need additional information. Sincerely, Debbie Lloyd Project Coordinator 362 -01.30 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566 —1327 Email PBUTLER202 @AOL.COM Division of Corporations Agenda IteRa9b.116 ,62 January 24, 2006 Page 46 of 64 Florida Limited Liability MANDALAY. PLACE, L.L.C. x.Z-2005 -AR -7825 PROD EcT #2004120050 PRINCIPAL ADDRESS DATE: 6/16/05 100 PEARL STREET KAY DESELEM BRIDGEWATER MA 02324 MAILING ADDRESS 100 PEARL STREET BRIDGEWATER MA 02324 Document Number FEI Number Date Filed L04000 08613 9 NONE 11 /30/2001 State . Status Effective Date FL ACTIVE NONE Total Contribution 0.00 Registered Ap-ent Name & Address VOLPE. MICHAEL J ESQ. C/O ROBINS. KAPLAN. ET AL 711 FIFTH AVENUE SOUTH, SUITE 201 NAPLES FL 34102 Manaizer/Member Detai 1 1 T - http:ll�vvvw.sunbiz.org /scripts /cordet.exe ?a l = DETFIL &n 1= L04000086139&n2 =NANlF W... 3/13/2005 Name & Address Tiitle MAHONEY, JOHN T III 100 PEARL STREET MGRM BRIDGEWATER MA 02324 1 T - http:ll�vvvw.sunbiz.org /scripts /cordet.exe ?a l = DETFIL &n 1= L04000086139&n2 =NANlF W... 3/13/2005 UNITEDSTATES POSTML SERVICE May 19, 2005 Debbie Lloyd Butler Engineering, Inc. 2223 Trade Center Way Naples, Florida 34109 Letter of no objection, Mandalay Place Rezone, Agenda Item No. 17A January 24, 2006 Page 47 of 64 Pi 2005 -AR -7825 PROJECT #2004120050 DATE: 6116105 KAY DESELEM The Postal Service has no objection to delivery in your development, pending the mode of delivery in which we will establish in accordance with your approved P.U.D. Sincerely, <7P Bob Skebe Growth'Management NAPLESMP4N OFFICE 1200 G00OLETfE RON NAPLES: FL 341024)998 b ,.y NEIGHBORHOOD INFORMA.TI( MEETING (N.I.M.) DATE: 9/1/05 TIME: 5 :30 P.M. Agenda Item No. 17A January 24, 2006 Page 48 of 64 LOCATION: Naples First Church of the Nazarene, 3100 Bailey Lane, Naples, FL SUBJECT: "Mandalay Place RZ- 2005 -AR- 7825" *IN ANEFFORT TO CONTINUELYIMPROYE UPON THE PUBLIC NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE YOUINFORMED OF TODAY'S MEETING? 1. Mailing 2. Newspaper ad 3. Other Please Print Name/Phone # Address Survey ## ,2Y01YA -L I b14- 75-9awiz- All,, a :d792-7 C- G' lcioa / 6.72 C o Ti/4GF Cc k d CA, 21-7 L -zoo w `cti v� 1 ale�son ��3 Ztls 3csU RAY ate[, Y eaeo L -S- / &I n .� Agenda Item No. 17A January 24, 2006 Page 49 of 64 ,q Agenda Item No. 17A January 24, 2006 Page 50 of 64 OOVER PLANNING & DEVELOPMENT INC. Land, Environmental & Traffic Planning Consultants 3785 Airport Road North, Suite B -1, Naples, Florida 34105 PROTECTED SPECIES SURVEY (PSS) ._Project: MANDALAY PLACE SECTION 23 TOWNSHIP 49 SOUTH, RANGE 25 EAST APPROXIMATELY 7.22 ACRES Presented to: COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE.. NAPLES, FL 34104 Dated: August 31, 2005 Revised: RE- SUBMITTAL RZ- 2005 -AR -7825 PROJECT #2004120050 DATE: 9/22/05 KAY DESELEM Agenda Item No. 17A January 24, 2006 Page 51 of 64 Mandalay Place Protected Species Survey Page 2 INTRODUCTION The purpose of this report is to detail results of a protected species survey conducted on the Mandalay Place Parcel in August of 2005 by personnel from Hoover Planning & Development, Inc. - LOCATION The Mandalay Place property is located west of Airport Pulling Road and immediately north of Bailey Lane, in Section 23 Township 49 South, Range 25 East, in Collier County, Florida. The parcel is approximately 7.22 acres. - SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similat -to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -scale Development in Florida." This technique is made up of the following steps: First, vegetation communities or land- uses on the subject site are delineated on a recent aerial photograph (Collier County 2002) using the Florida Land Use, Cover and Forms Classification System ( FLUCFCS). Next, the FLUCFCS codes are cross- referenced with a list of protected species (FWC- Florida's Endangered Species, Threatened Species & Species of Special Concern- Offtcial Li"-Publication Date: August 1, 1997). The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCFCS community. See table 1 of this report for the species list that applies to this - property. With a list of the potential liste8 plants and animals, each FLUCFCS community is searched in the field for these species. An intensive, pedestrian survey is conducted:-iAing belt or meandering transects and 10 x 36 binoculars as a means of searching for plants and animals. If necessary, transect integrity is maintained by using a GPS in track mode. In addition, periodic "stop -look- listen" and quiet stalking methods are conducted for animals. Signs or sightings of all listed and non- listed species are then recorded. Based on the habitat types found on this parcel of land, particular attention was paid to the presence or absence of gopher tortoise and Big Cypress fox squirrels. EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were; in" the upper 80's. Cloud cover was generally mostly cloudy with occasional light rain. Approximately 2 man-hours were logged on the property during the species survey. Table 3 details dates and times spent in the field. The property used to contain a single family residence. This has been removed from the property in the time since the County aerial photograph was taken. The property still contains the asphalt driveway that used to serve the home. QViP P, as Fi cWIXAU75- 6rvirmm td Assmt tt 2379 -070 "111 IJMU'T cad SPc6m Sk veY d= Listed below are the FLUCFCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCFCS map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. Specific vegetation present is further detailed in Table 4.. -ii-1— Pine Flatwoods. FL UCFCS 411. 6.03 Acres This community makes up the majority of the parcel and is dominated by slash pine in the canopy. Midstory is dominated by dense saw palmetto. Other vegetation present includes grapevine, poison ivy, Caesar weed, smilax, downy rose myrtle, myrsine, and scattered melaleuca. Melnleuca, 0.30 Acres This community is found in two small patches in the northwest portion of the property. It is dominated by melaleuca in the canopy. Midstory includes melaleuca saplings and scattered palmetto. Other vegetation present includes smilax, love vine, sumac, and myrsine. Disturbed Lands, FL UCFCS 740 0 85 Acres This area includes the former location of a single family home. The home has been removed from the property in the time since the Collier County aerial was taken. RoadlVay ( Bailey Lane) / Driveway, FL UCFCS 814 0 04 Acres Bailey Lane forms the south property line of the parcel. The R.O.W. has been cleared. Vegetation is typical of that found in roadside swales. A single lane asphalt driveway served the single family home. RESULTS The various protected species which may occur in the corresponding FLUCFCS communities are shown in Table 1. All animal species observed on the subject parcel are detailed in 'fable 2. See attached drawing entitled "Mandalay Place — Protected Species Survey" for representative survey transects. No listed species or signs of listed species were observed on the property G:1HP PTgea FileaMD'sU7%Environm W Azwrrc a 21]7¢070 Bailey LweVtut cled Species Smvey.doa Agenda Item No. 17A January 24, 2006 Page 52 of 64 Mandalay Place Protected Species Survey The property has the following surrounding land uses: Page 3 West Single Family Residential Under Construction North Single Family Residential (Hawk's Ridge) South Bailey Lane & Multi- family Residential East Vacant Land Listed below are the FLUCFCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCFCS map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. Specific vegetation present is further detailed in Table 4.. -ii-1— Pine Flatwoods. FL UCFCS 411. 6.03 Acres This community makes up the majority of the parcel and is dominated by slash pine in the canopy. Midstory is dominated by dense saw palmetto. Other vegetation present includes grapevine, poison ivy, Caesar weed, smilax, downy rose myrtle, myrsine, and scattered melaleuca. Melnleuca, 0.30 Acres This community is found in two small patches in the northwest portion of the property. It is dominated by melaleuca in the canopy. Midstory includes melaleuca saplings and scattered palmetto. Other vegetation present includes smilax, love vine, sumac, and myrsine. Disturbed Lands, FL UCFCS 740 0 85 Acres This area includes the former location of a single family home. The home has been removed from the property in the time since the Collier County aerial was taken. RoadlVay ( Bailey Lane) / Driveway, FL UCFCS 814 0 04 Acres Bailey Lane forms the south property line of the parcel. The R.O.W. has been cleared. Vegetation is typical of that found in roadside swales. A single lane asphalt driveway served the single family home. RESULTS The various protected species which may occur in the corresponding FLUCFCS communities are shown in Table 1. All animal species observed on the subject parcel are detailed in 'fable 2. See attached drawing entitled "Mandalay Place — Protected Species Survey" for representative survey transects. No listed species or signs of listed species were observed on the property G:1HP PTgea FileaMD'sU7%Environm W Azwrrc a 21]7¢070 Bailey LweVtut cled Species Smvey.doa e Agenda Item No. 17A January 24, 2006 Page 53 of 64 Protected Species Survey Page .4 DISCUSSION Gopher Tortoise No signs of gopher tortoise were observed —no trails, scat, or burrows. Big Cypress Fox Squirrels No signs of Big Cypress fox squirrels were observed. The patch of pine flatwoods on this property is part of only about 30 acres of undeveloped property in this section of land. It is also not adjacent to any wetland or mixed cypress habitat. The subject property is entirely surrounded by development in a very urban portion of the county. There is an extremely high level of human activity around the parcel and the property used to contain a single family home. No listed species or signs of listed species were observed on the property. CWP Prrjmt Fi1esM0'%U79- FAvironn -wW Asswa is 2\379 -G70 Way [an AProwa d Specks Svvq.doc A Table 1. Protected species list according to FLUCFCS category. Agenda Item No. 17A January 24, 2006 Page 54 of 64 Mandalay Place Protected Species Survey Page 5 FLUCFCS Potential Listed Species Scientific Name Desi nated Status FWC or FWS FDA 411 Beautiful Pawpaw Deeringothamnus pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia . T _ Eastern Indigo Snake Drymarchon corals couperl T T Fakahatchee Burmannia Burmanniaflava E _ Florida Black Bear Ursus americanus floridanus T Florida Coontie Zamia floridana C Florida Panther Felis concolor coryi E E Gopher Frog Rana capito SSC . Gopher Tortoise Gopherus polyphemus SSC Red - Cockaded Woodpecker Picoides borealis T E Satinleaf Chrysophyllum oliviforme E _ Southeastern American Kestrel Falco sparverius paulus T _ Twisted Air Plant Tillandsia flexousa g 424 NONE 740 Burrowing Owl Speotyto cunicularia SSC Gopher Tortoise Gopherus polyphemus SSC - 814 NONE Abbreviations: A encies FWC = Florida Fish and Wildlife Conservation Commission FDA - Florida Department of Agriculture and Consumer Services FWS =United States Fish and Wildlife Service Status E= Endangered T= Threatened T(S /A)= Threatened/Similarity of Appearance SSC = Species of Special Concern QWP "40 FIes\31XY 71) fE VV0rY ka1 Asseumwt3 2\37'> -G70 Way lateTrweoted Species Surey.doe Agenda Item No. 17A January 24, 2006 Page 55 of 64 Mandalay Place Protected Species Survey Page 6 Table 2. Birds, Mammals, Amphibians & Reptiles Observed on the Subject Property. Birds Common Name Scientific Name Observation Listed? Status Type (YM Mourning Dove Zenaida mocroura DV, HV N - Mammals Common Name Scientific Name Observation I Listed? Status Type NONE Common Name Scientific Name Observation Listed? Status Type, " Brown Anole Anolis sa rei DV N - Amphibians Common Name Scientific Name . Observation Listed? Status Abbreviations: - Agencies FWC= Florida Fish and Wildlife Conservation Commission FDA= Florida Department of Agriculture and Consumer Services , FWS= United States Fish and Wildlife Service Status E= Endangered T= Threatened T(S /A)= Threatened/Similarity of Appearance SSC= Species of Special Concern Observations DV =Direct Visual HV =Heard Vocalization OT--Observed Tracks OH= Observed Hole\Burrow MT= Marked Tree Cavity Table 3. Field time spent on the subject property Date Start Time End Time Hours Task August 25, 2005 9:00 pm. 11:00am 2 Species Survey Total 2 CUSP Project Filtsuw%V7v-FnviraL w Anasm is 2U74-070 Ulry 1 a elP,aected Specie Swrry.dcc 11 sn G.4iP Project Pi1mUWsU79. En6ronmental Aasaamew Z379-G70 bailey LaneTToteaml Specim Sumey.doc Agenda Item No. 17A January 24, 2006 Page 56 of 64 Mandalay Place Protected Species Survey Table 4. Representative vegetation by native FLUCFCS community on the Page 7 Mandalay Place Parcel. COMMON NAME NAME STRATUM 411 — Pine Flatwoods Common Pinus elliola pine (slash pine) canopy Smilax spp. smilax vine Urena lobata Caesar weed - ground cover Serenoa repens saw palmetto mid -story . Occasional Bumelia celastrina buckthorn mid -story Vids rotundifolia muscadine grape vine Melaleuca quinquevervia* melaleuca canopy Rhus copallina southern sumac midstory *invasive exotic G.4iP Project Pi1mUWsU79. En6ronmental Aasaamew Z379-G70 bailey LaneTToteaml Specim Sumey.doc QC)CD o r r' N LO v m (0 n CO C '0 co C � Q ¢ co d- r� CD co t-o- N O O ZNLO mol ca c IL -a ca m ¢ 0 <t000cP.- f° � H T Z y m0 tiJ W ? �@ W Obi < �m pG LL m N O tl1 S Z . Bu N ilf A U O LL i U p c J f.- co m O �o m R /d a r. .•T t. k • iL' r - r '��) c.� � Via, y ,f'�'--r `. ��• � .� ..�q ja► 4 �, 7.} i' �-y ,1 f.'j �j7 �1SF 1 •s >7 .�'� '..s r.. k Y � �_ '� `r c,Y. Sh1x . r {d''''L� .�79 �y !.r,. ��c R � {S `r ` a.• .i• � H .a 'e YR ' 4 l V J L V r'ei0� e r rtit 'Y •- - � a. � � � 'N P,.•, � yr. ,,, . L ' a1 'ii • r p C t i )) •4. � - �' � �- t) ! �' { rill, 7;4 Vo 1po • �, -ai 4 ;�p�, r y�� r w r 4 'iy 6 Y ^� r ?{ ';a s M y•FmmP ��,�,• l,�elMr 1 Agenda Item No. 17A January 24, 2006 Page 60 of 64 RECEIVED NOV 1 b 2005 ZONING DEPARTMENT Hawksridge Design Review Board 2167 Harlans Run Naples, FL 34105 November 15, 2005 Collier County Planning Commission 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition RZ- 2005 -AR -7825 Mandalay Place LLC Dear Commissioners: The land abutting the north side of Petition RZ- 2005 -AR -7825 (Petition parcel) is the Hawksridge PUD. Hawksridge PUD contains both single- and multi - family areas, both of which abut the Petition parcel. The minimum yard requirements table in the Hawksridge PUD does not permit multi -story structures to be constructed adjacent to the abutting Pinewoods Subdivision to its north. The comment in note (6) reads "1 story height for single family lots abutting the north property line of the single family tract ". The Petition parcel appears to abut both the single- and multi - family portions of the Hawksridge PUD, and it also appears that all of the single - family platted lots and the multi - family dwellings have buildings constructed on them within the Hawksridge PUD. All the single - family dwellings are single -story and all of the multi - family dwellings are two -story. To maintain the same level of compatibility and consistency achieved along Hawksridge's north line, the Hawksridge Design Review Board requests that the Petition parcel incorporate the same zoning number of stories restriction and that only single -story structures be constructed were the existing abutting structure is a single -story dwelling. Where two -story structures exist, two-story residential structures may be constructed on the Petition parcel. A single -story structure must be constructed on the Petition parcel lot if any portion of the Petition parcel lot abuts a Hawksridge single -story structure's lot. Thank you for your consideration. Sincerely, Hawksridge Design Review Board Bruce E. Tyson LA AICP Y , Chair 111158005. 1 80886 Ver 011- 9Tywo uw3 20000.000.000- - 0 Agenda Item No 117A January 24, 006 Page 61 f 64 ORDINANCE NO. 06 — AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL SINGLE - FAMILY-5(3) (RSF 5[3]) ZONING DISTRICT WHICH ALLOWS 3 DWELLING UNITS PER ACRE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, John T. Mahoney of Mandalay Place LLC, represented by J. Gary Butler of Butler Engineering, Inc., petitioned the Board of County Commissioners, in Petition Number RZ- 2005 -AR -7825, to change the zoning classification of the subject real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 23, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Estates (E) Zoning District to the Residential Single - Family 5(3) (RSF 5[3]) Zoning District which allows a maximum of three (3) dwelling units per acre and the appropriate zoning atlas map or maps, as described in Ordinance 200441, as amended, the Collier County Land Development Code is /are hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B," attached hereto and incorporated by reference herein. SECTION TWO: State. This Ordinance shall become effective upon filing with the Florida Department of Page 1 of 2 Agenda Item No. 17A January 24, 2006 Page 62 of 64 PASSED AND DULY ADOPTED by super - majority vote by the Board of County Commissioners of Collier County, Florida, this day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Jennifer A. Belped o Assistant County Aftdrney RZ- 2005- AR- 78251KD/sp , CHAIRMAN Attachments: Exhibit "A" —Legal Description Exhibit `B" —List of Conditions Page 2 of 2 Agenda Item No. 17A January 24, 2006 Page 63 of 64 Lewd pleffei 1pudil As provided by client (Commitment #1441313) Exhibit A (Ple #64- 2004 - 7579) The North 305' of the East 112 of. the NORTHEAST 114 of the SOUTHWEST 114 of the NORTHEAST 114, Section 23, Township 49 South, Range 25 East, Collier County, Florida Together with on Access and Utility Easement, 60 feet wide lying 30 feet on each side of a line dividing the East 112 and . the West 112 of the said NORTHEAST 114 of the SOUTHWEST 114 of the NORTHEAST 114, Section 23, Township 49 South, Range 25 East, excepting the North 305 feet thereof. Mandalay Place RZ- 2005 -AR -7825 Exhibit "A" Agenda Item No. 17A January 24, 2006 Page 64 of 64 MANDALAY PLACE REZONE RZ- 2005 -AR -7825 CONDITIONS OF APPROVAL 1. Prior to the issuance of the first Certificate of Occupancy, the developer shall provide a Type B buffer along the northern and eastern property perimeter boundaries that contains trees that are a minimum of 14 feet high at time of planting. The trees must be set at 25 feet on center. Along the northern boundary, all required trees must be oak trees. 2. Principal and accessory structures abutting the Hawksridge shared property boundary shall be limited to a maximum height of 25 feet, and the structures shall be limited to a maximum of two stories. 3. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns, shall pay to the Collier County Affordable housing Trust Fund the sum of $1,000 for each residential unit. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. 4. Accessory structure setbacks shall be the same as the principal structure setback. Note: The conditions listed above are only applicable to that portion of Mandalay Place that is described in the legal description for this rezone petition. Revised 12/1/05 Conditions of Approval Exhibit B RZ- 2005 -AR -7825 Agenda Item No. 17B January 24, 2006 Pagel of 77 EXECUTIVE SUMMARY SE- 2005 -AR -8626 Barron Collier Companies, represented by Bruce E. Tyson, RLA, AICP, of WilsonMiller, is requesting a Scrivener's Error correction for the Winding Cypress Development of Regional Impact (DRI). The subject property is located in Section 26, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners correct a scrivener's error resulting from a clerical error wherein an incorrect resolution was signed and recorded. CONSIDERATIONS: On June 25, 2002, the Board of County Commissioners adopted Resolution Number 02 -302 that was to have granted approval for a multi - faceted amendment to the Winding Cypress DRI Development Order (DO) that was a companion item to a Winding Cypress Planned Unit Development (PUD) amendment. Both the DRI and PUD amendments proposed a reduction in the allowable number of residential dwelling units from 2,892 to 2,300. Additionally, the DRI DO amendment proposed the removal of the specific allowances for single- family and multi - family dwelling units. The PUD amendment was approved in Ordinance 02 -35. The DRI DO amendment resolution inadvertently omitted the approved reduction of residential units and the removal of the allowances for the different unit types. The proposed Scrivener's Error resolution corrects that omission and correctly sets forth what the Board acted upon and what was to have been approved. FISCAL IMPACT: This action is only to correct errors regarding the previously adopted Resolution 02 -302 that was approved by the Board. Therefore, this change by and of itself will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The original petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan (GMP). This scrivener's error is only to correct an omission in the legal description for action that was approved by the Board of Zoning Appeals through Resolution 02 -302. LEGAL CONSIDERATIONS: Errors were made within the resolution of adoption. The Scrivener's Error corrects those errors to show what the Board actually approved. STAFF RECOMMENDATION: That the Board approve the scrivener's error correction to Resolution Number 02 -302. PREPARED BY: Kay Deselem, AICP, Principal Planner Zoning and Land Development Review Executive Summary Winding Cypress DRI, SE- 2005 -AR -8626 January 10, 2006 Page 1 of 1 Agenda Item No, 17B January 24, 2006 Page; 2 of 77 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 17B be sworn in and ex parte disclosure be provided by Item summary: This item requires that all participants Barron Collier Companies, represented by Bruce Commission members. SE- 2005 -AR- 8626. E. Tyson, RLA, AICP of Wilson Miller, is requesting a Scrivener's Error on the Winding The is located in Section 26, Township 50 South, Range 26 Cypress DRI. subject property East, Collier County, Florida. Meeting Date: 112412006 9'.00'.00 AM Prepared By Marjorie M. Student Assistant County Attorney Date County Attomey Office 12/13/2005 8:46:01 AM County Attorney Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 12113!2005 10:31 AM Environmental Services Environmental Services Admin, Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 1 2/1 312006 10:36 AM Environmental Services Environmental Services Admin. Approved By Ray Bellows chief Planner Date Community Development & Zoning 8 Land Developnront Review 1211512006 10:49 AM Environmental Services Approved By Marjorie M. Student Assistant Coumy Attorney Date County Attorney County Attorney Office 1211612006 1 0:08 AM Approved By Susan Murray, AICP Zoning & Land Development Director Dare Community Development & Zoning &Land Development Review 12J16f2o0610:38 AM Environmental Services Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 12117/2006 8:18 AM Environmental Services Environmental services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12H 912005 2:65 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12!2212005 10:13 AM Approved By James V. Mudd County Manager Date Board of County County Managers Office 12130/2006 1:36 PM Commissioners Agenda Item No, 17B Wilsoffmiller January e 3 of 77 Page 3 of 77 New Directions to Planning, Design & Engineering SE- 2005 -AR -8626 November 3, 2005 PROJECT #19990321 (ORIGINAL AR -2299) DATE: 11/14/05 Ms. Kay Deselem, Principal Planner KAY DESELEM Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 RE: Winding Cypress DRI Scrivener's Error Dear Ms. Deselem: We are requesting, on behalf of our client the Barron Collier Companies, that a scriveners error change be made to the existing Development Order (DO) for Winding Cypress. Both Marjorie Student — Sterling and Ray Bellows of the County's staff recommend this procedure be followed. In 2002, the PUD and DO were modified and for an unknown reason, the final version of the DO is inconsistent with the revised PUD. The PUD is exactly what was intended and we are requesting that the DO be modified to mimic the PUD. The change involves the number of units and unit types. While the PUD simply states 2300 residential dwelling units, the DO indicates 2395 dwelling units, with up to 1,440 single - family residential units and up to 860 multi - family units. The 1,440 units and 860 units total 2300. The DO should read like the PUD and indicate simply 2300 residential dwelling units. We have met with Mr. Dan Trescott of Southwest Florida Regional Planning Council who has no problem with the change. We have forwarded to CDES staff under separate cover, the changes requested to the DO document. Please let me know if you need any additional information. Sincerely, WilsonMil/er, Inc. 7 Lot_�_ Bruce E. Tyson, RLA, AICP Senior Project Manager Cc: Brad Boaz RECEIVE NOV 0 7 ?nn, ZONING DEPARTMENT Offices strategically located to serve our clients 800.649.4336 Naples/Lorporate Office 3200 Bailey Lane, Suite 200 & Naples, Florida 34105 • 239 649 4040 • Fax 239.643.5716 11 312005- 160226 Ver. 011- 6TysU0 wilsonmiller. com N006.016-000.. 0 W71s"M1110f fn6. — FL Lic./ LC- C000170 /_ry ORDINANCE NO. 02 - -_ o AN ORDINANCE AMENDING ORDINANCE' NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 0626S, 0634N, 0635N, 0635S, 1602N AND 1602S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WINDING CYPRESS, FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF US -41 AND COLLIER BOULEVARD (CR -951), IN SECTIONS 26, 34, 35, 2 AND 3, TOWNSHIPS 50 AND 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99 -93 AS AMENDED, THE FORMER WINDING CYPRESS PUD; AND BY PROVIDING AN EFFECTIVE DATE. Item No. 17B 6 24, 2006 �► e4of77 JUL i >r� "-:l LJ Y ° � cn WHEREAS, Alan Reynolds, AICP, of WilsonMiller Inc., representing Barron Collier Company, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida; SECTION ONE: The Zoning Classification of the herein described real property located in Sections 26, 34, 35, 2 and 3, Townships 50 and 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 06265, 0634N, 0635N, 06355, 1602N and 1602S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99 -93, as amended, known as the Winding Cypress PUD, adopted on December 14, 1999, 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 Department of State. Agenda Item No. 176 January 24, 2006 Page 5 of 77 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this -u day of 2002. ATTEST: DWIGHT E. BROCK, Clerk . '. •,;;; �AtWt as YfO tf'lMi�r'1 tipproVtti Form awn t� Leg l gffic}un y a M. Student Assistant County Attorney PU DA- 2002 -A R- 2296 /RBAo This ordinance filed with the ry- eo' of S s off- �e� the /fin/ d:,y r-f ,./ ir161ui- at,,' .. :..:rd„ m7n that ,,i•,s-d this day ai s fC� D i) Deputy Clark BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 4 AJAM CO CHILE, ARMAN 5/02 Agenda Item No. 17B January 24, 2006 Page 6 of 77 WINDING CYPRESS A PLANNED UNIT DEVELOPMENT Approximately 1,928± Acres Sections 26, 34, and 35 Township 50 South, Range 26 East and Sections 2 and 3 Township 51 South, Range 26 East Collier County, Florida PREPARED FOR: Barron Collier Company, Ltd. 2600 Golden Gate Parkway Suite 200 Naples, FL 34105 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 and Young, van Assenderp, Vamadoe & Anderson, PA 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 EXHIBIT A DATE FILED 9/2/99 DATE APPROVED BY CCPC 1212199 DATE APPROVED BY BCC 12/14/99 ORDINANCE NUMBER 99 -93 DATE AMENDMENT FILED 3/18/02 DATE APPROVED BY CCPC 6/10/02 DATE APPROVED BY BCC 6 2 5 0 2 TABLE OF CONTENTS Agenda Item No. 176 January 24, 2006 Page 7 of 77 PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 SECTION II PROJECT DEVELOPMENT 2.1 SECTION III RESIDENTIAL DISTRICT (TRACT A AND TRACT B) 3 -1 SECTION IV VILLAGE CENTER DISTRICT 4 -1 SECTION V GOLF CLUB, GOLF COURSE, AND RECREATIONAL DISTRICTS 5 -1 SECTION VI PRESERVE DISTRICT 6 -1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7 -1 EXHIBIT A WINDING CYPRESS MASTER PLAN (WilsonMiller File No. E- 0506 -22) EXHIBIT B LEGAL DESCRIPTION Agenda Item No. 17B January 24, 2006 Page 8 rif 77 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Barron Collier Company, Ltd., its successors and assigns (the Developer), to create a Planned Unit Development Range D East 92nd acres of land located in Sections 26, 34, and 35, Township 50 South, g e Sections 2 and 3 Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Winding Cypress. The development of Winding Cypress will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management will be consistent with the nran land development regulations adopted thereunder of the Growth Management Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Residential Fringe Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Residential Fringe Subdistrict is to provide transitional density of 1.5 dwelling units per acres, between permitted higher density areas to the west (four units per acre base density) and the agricultural /rural areas to the east (one unit per five acres). 2. The Growth Management Plan qualifies the subject property for a maximum density of 1.5 units per acre, and the Project is planned for a maximum density of 1.2 units per acre, subject to the condition that the proposed development shall be fully responsible for all necessary water management improvements, including the routing of all on -site and appropriate off -site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal out -fall system made necessary by new development in the area. 3. The commercial uses within the Village Center District are consistent with the PUD Neighborhood Village Center Subdistrict of the FLUE. 4. Winding Cypress is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of Winding Cypress will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 7. Winding Cypress is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. SHORT TITLE This Ordinance shall be known and cited as the "WINDING CYPRESS PLANNED UNIT DEVELOPMENT ORDINANCE." Agenda Item No. 17B January 24, 2006 Page 919177 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of Winding Cypress, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The legal description of the Winding Cypress Planned Unit Development property is attached hereto and incorporated by reference herein as Exhibit "B." 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of Barron Collier Company, Ltd., a Florida Limited Partnership, whose address is 2600 Golden Gate Parkway, Suite 200, Naples, FL 34105. Detailed ownership information is provided on Attachment 4 -1 of the Winding Cypress Application for Development Approval. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range 26 East, and is generally bordered on the west by the C.R. 951 canal, the Florida Water Services borrow pit lakes, C.R. 951, and Lely, A Resort Community PUD; on the north by Sabal Palm Road, a plant nursery, and single family residences; on the east by Agriculturally zoned and unplatted property, the Picayune State Forest, and Naples Reserve Golf Club PUD; and on the south, the U.S. 41 canal, U.S. 41, agriculturally zoned property, Greystone Trailer Park, San Marco Catholic Mission, and a small convenience commercial store. The location of the site is shown on Map A of the Winding Cypress Application for Development Approval. B. The zoning classification of the subject property at the time of the original PUD application was "A" (Rural Agricultural). C. Elevations within the site are approximately 12.0 feet NGVD and a minimum elevation of approximately 4.0 feet NGVD. The site is located in Zone X for the northern half of the project and AE -7 for the southern half of the project (FEMA FIRM Map Panels No. 120067 -061D and 120067- 0620D, dated June 3, 1986). Topographic mapping is shown on Map C of the Winding Cypress Application for Development Approval. D. Previous and existing activities on site are primarily related to agriculture and hunting. The site has been, and is currently used, for cattle grazing and has active hunting leases in place. E. The soil types on the site generally include Holopaw fine sand, Malabar fine sand, Oldsmar fine sand limestone substratum, Pineda fine sand limestone substratum, Agenda Item No. 17B Januar 24;2006 4;201 of 77 and Boca fine sand. Soil Conservation Service mapping of soil types is shown on Map E of the Winding Cypress Application for Development Approval. F. Prior to development, vegetation on site primarily consists of upland, wetland, and exotic species. Detailed vegetation mapping is shown on Map F of the Winding Cypress Application for Development Approval. G. The project site is located within the Henderson Creek sub - basin, as depicted within the Collier County Drainage Atlas (May, 1996). The Stormwater Management Master Plan is shown on Map I of the Winding Cypress Application for Development Approval. 1.5 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, Winding Cypress has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes, as a Development of Regional impact (DRI). 1.6 DENSITY Winding Cypress is to be developed on 1,928± acres in southeastern Collier County. The number of dwelling units proposed to be constructed is 2,300 units. The gross project density, therefore, will be a maximum of 1.2 units per acre. SECTION If PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 17B January 24, 2006 Page 112e#77 The purpose of this Section is to generally describe the plan of development for Winding Cypress, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Winding Cypress, a master planned community, will include a range of single family and multi - family housing and golf - related amenities, along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood commercial goods and services, and a recreation center. B. The Master Plan is illustrated graphically on Exhibit "A" (WMB &P, Inc. File No, E- 0506 -22). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2, of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Winding Cypress shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order, to which said regulations relate which authorizes the construction of improvements, such as but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC, that is otherwise applicable, shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to Division 3.15, Adequate Public Facilities Code of the Collier County Land Development Code. D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. 2.4 Agenda Item No. 17B January 24, 2006 Paga342 of 77 E. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. F. Division 3.2, Subdivisions, of the LDC shall apply to Winding Cypress, except where an exemption is set forth herein, or otherwise granted pursuant to LDC Section 3.2.4. G. Division 3.3, Site Development Plans, of the LDC shall apply to Winding Cypress, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to petition to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. The CDD will constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed Development. Such infrastructure, as will be constructed, managed and financed by such a CDD, shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Winding Cypress. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. C. The area of land which will be within a CDD is of sufficient size, is sufficiently compact and is sufficiently contiguous to be developed as one functional inter- related community, and is amenable to separate special district government. Establishment of a CDD is not inconsistent with the Collier County Growth Management Plan. There will not be any incompatibility between systems, facilities and services that may be provided by a CDD and similar systems, facilities and services which may, as of the time of Planned Unit Development zoning approval, be provided by a local or regional governmental entity (both as to capacity and use). A CDD is a legitimate alternative method available for use by private and public sectors under state law to manage and finance basic systems, facilities and services for community development. Any developer obligation in the development order or Planned Unit Development zoning documents may be undertaken alternatively by a CDD if related to the special powers of the CDD. Agenda Item No. 17B Januar 24, 2006 Pag�-? 3' of 77 2.5 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, other access controls, signs and monuments (per Section 2.18 of this document) as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. A. Roadways within Winding Cypress shall be designed and constructed in accordance with Section 3.2.8.4.16, of the LDC with the following substitutions: 1. LDC Section 3.2.8.4.16.5. - Street right -of -way width: The minimum right - of -way width to be utilized for a local street within Winding Cypress shall be forty (40) feet. 2. LDC Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty -five (35) foot radius for intersections at project entrances. Fire access lanes shall comply with applicable federal, state and /or local codes in effect at the time of final site development plan approval. 3. LDC Section 3.2.8.4.16.10. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. LDC Section 3.2.8.4.16.6. - Maximum cul -de -sac length shall be 2,700 feet. When islands are to be installed within a cul -de -sac, an inside edge of pavement radius of no greater than twenty (20) feet shall be required. Cul- de -sacs shall comply with applicable federal, state and /or local codes in effect at the time of final site development plan approval. B. It is the intent of the developer to create a safe, convenient and attractive pedestrian circulation system throughout Winding Cypress. To enable the design of this system to respond to site specific conditions such as the retention of native vegetation and master plan features, and to avoid the construction of sidewalks which serve no function, flexibility is needed beyond that provided by the LDC. Therefore, sidewalks and bike paths shall conform with Section 3.2.8.3.17. of the LDC except as follows: LDC Section 3.2.8.3.17.2. — The Winding Cypress primary road system in Tract B shall be considered a minor collector street and shall have a minimum eight foot (8) wide pathway on at least one side of the street that will meander in and out of the right of way. This pathway will serve both pedestrians and bicycles. The pathway will be designed to provide direct access from all residential pods adjoining the primary road system with marked road crossings at appropriate locations to serve the pods on the side of the road opposite the pathway. The Winding Cypress primary road system in Tract A shall be considered a minor collector street and shall Agenda Item No. 17B January 24, 2006 PagE214 of 77 have a minimum five foot (5') wide concrete sidewalk/bikepath on one side of all streets. An internal pedestrian walkway system along the interior lake system of Tract A shall be provided and permitted within the drainage and lake maintenance easement(s). 2. LDC Section 3.2.8.3.17.3. - Internal local streets other than the minor collector or cul-de -sacs shall have a minimum five foot (5) wide concrete pathway on one side of the street. These pathways will interconnect with the primary road pathway at appropriate locations. 3. LDC Section 3.2.8.3.17.3. - Cul-de-sacs shall not be required to have a sidewalk or pathway provided the following condition is satisfied which will enable the street to serve this function; otherwise they shall have a five foot (6) sidewalk or pathway on one side of the street: a) the right -of -way section shall include two twelve foot (12') wide travel lanes, with two foot (2') curbs, and the gross density of the cul -de -sac shall be less than two (2) units per acre. 2.6 LAKE SETBACK AND EXCAVATION A. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD Rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the curb to the edge of water. The minimum lake setback from lakes to the Project boundary shall be 20 feet to the edge of the water. B. Upon receipt of a development excavation permit, all lakes greater than one (1) acre may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 of the LDC; however, removal of offsite fill and rock from Winding Cypress shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Planning Services Director. 2.7 USE OF RIGHTS -OF -WAY Utilization of lands within all internal project rights -of -way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Planning Services Director for engineering and safety considerations during the development review process and prior to any installations. Agenda Item No. 17B January 24, 2006 Pag�245 of 77 2.8 MODEL HOMES /SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Winding Cypress. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with the exception that six (6) wet or dry models for each of Tract A and Tract B (total of twelve (12) models) shall be allowed within the project's sales center areas, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 64E -6, and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Winding Cypress Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Winding Cypress PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1 of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, or other water management facilities, where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -ways, other than a relocation of access points to the PUD itself, where water management facilities preservation areas, or required easements are not adversely. affected or otherwise provided for. Agenda Item No. 17B January 24 2006 Pag(?-16 of 77 3. Reconfiguration of parcels and golf course where preservation areas are not adversely affected. 4. Changes due to SFWMD, U.S. Army Corps of Engineers, or other environmental permitting agencies. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. D. Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and app 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a property owners' association, or a governmental agency. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, the Developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Winding Cypress, in accordance with the provisions of Collier County Ordinance No. 90-48 and Resolution No. 90 -292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Winding Cypress. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip -Rap berms 1:1 with geotextile mat 4. Structural walled and stacked rock berms - vertical B. Fence or wall maximum height: Ten feet (10'), as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which includes materials to minimize the visual impact of the wall, the wall height shall be measured from the top of berm elevation and shall not exceed eight feet (8') in height. Agenda Item No. 17B January 24, 2006 Pagi2 -17 of 77 C. Upon submission of a typical cross - section, aerial, plan view, landscape plan and vegetation removal permit application, the Planning Services Director may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Winding Cypress PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in an easement or tract on final plats, or identified in a separate recorded instrument. D. Fences or walls may be placed zero feet (0') from internal rights -of -way, provided that shrubs are provided in the rights -of -way, pursuant to Section 2.7 of this PUD Document, and may be located five feet (5') from project perimeter, and two feet (2') from a preserve area. E. Fences and walls which are an integral part of security and access control structures, such as gate houses and control gates, shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights -of -way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidewalks and /or bike paths, water management systems, drainage structures, signs and utilities are permitted in landscape buffers /easements. G. Landscape berms located within the Winding Cypress PUD boundary and contiguous to a property line and /or right -of -way line may be constructed such that the toe of slope is located on the property line or within a right -of -way when approved by the applicable owner or agency. H. Internal recreational and community facilities do not require perimeter buffers. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Winding Cypress. Fill material may be transported and stockpiled within areas which have been disturbed (farmed) or are shown as development areas on an approved Preliminary Subdivision Plat. Prior to stockpiling in these locations, the Developer shall provide written notification to the Planning Services Director. In Tract B, residential areas 25 acres or less, including building footprints, shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construction plan or Site Development Plan. Tract A will be permitted to clear and fill the developable areas including water management areas, road rights -of -way, residential pods, common areas, and the town center in four (4) phases with each phase encompassing approximately twenty -five percent (25 %) of the total developable area. No one phase shall be larger than thirty - five percent (35 %) of the total developable area. Prior to County approval to clear and fill, the developer shall obtain subdivision plat (PSP) approval showing the four phases and the areas to be cleared and filled. The developer will be permitted to clear and fill one phase at a time. The developer will not be permitted to clear and fill a subsequent phase until the excavation in the previous phase is sectioned and certified complete by the engineer of record. Agenda Item No. 17B January 24, 2006 Pag (249 of 77 The clearing and filling of the model center area, the main project entrance, the southerly secondary entrance, and the construction staging area for the entire project will be permitted separate from the four phases as shown on the PSP, and are subject to the approval of a site development plan (SDP). The following standards shall apply for all stockpiling on -site: A. Stockpile maximum height: forty-five feet (45`) B. Stockpile maximum slide slopes: 2:1 C. Stockpiles areas in excess of ten feet (10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). D. Soil erosion control shall be provided in accordance with LDC, Division 3.7. E. This section (Section 2.12) substitutes for the LDC section 3.2.8.3.6(b). 2.13 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property . 2.14 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Winding Cypress PUD except in the Preserve Areas, unless specifically permitted in Section VI of this PUD Document. General permitted uses are those uses which generally serve the residents of Winding Cypress and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Septic system for remote golf shelters. 4. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. Agenda Item No. 17B January 24, 200" Pa6e2;9 of 77 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, trails and recreational facilities. 7. Temporary construction, sales, and administrative offices for the Developer and authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape / hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. 9. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD, except within Preserve areas. 10. Any other use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to principal structures: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback from property lines: Front: ten feet (10') Side: five feet (5') Rear: ten feet (10') 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'), 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - thirty -five feet (35'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks and bikepaths may occur within County required buffers, however, the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath or cartpath. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Winding Cypress development Agenda Item No. 17B January 24, 2006 PagE22M;hf 77 standards, are to be in accordance with the LDC provision in effect at the time this PUD is approved. 2.16 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 796 acres in the wetland /upland preservation and enhancement areas which includes all agency - required buffers. In addition, there are lakes, recreation, buffer and open spaces areas. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.32 of the LDC for mixed use development. All acreages identified on the master plan are conceptual, and the Developer reserves the right to modify the land use boundaries, so long as the requirements of Section 2.6.32 of the LDC are met. This is not to be construed to enable the reduction of any area which was specifically set aside in the application for development approval for preservation, pursuant Chapter 380.06, Florida_ Statutes. 2.17 NATIVE VEGETATION RETENTION REQUIREMENTS The 796± wetland /upland preservation and enhancement areas on site fully satisfy the requirements of Section 3.9.5.5.3 of the Collier County Land Development Code. 2.18 SIGNAGE - A. GENERAL 1. All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County dedicated right -of -way, a right -of -way permit must be applied for and approved, except for signage pertaining to and /or facilitating traffic movements. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights -of -way may be utilized for decorative landscaped entrance features and signage, subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein and applicable provisions of the LDC. 6. Signs may be allowed in landscape buffers /easements. 7. Entrance and boundary markers may be placed prior to subdivision approval, provided a building permit for the markers is obtained prior to placement. Agenda Item No. 17B January 24, 2006 PagC- a1]of 77 B. BOUNDARY MARKERS 1. One boundary marker or monument may be located at the northwest, southwest, and southeast property comers. The boundary marker may contain the name of the community, and the insignia or motto of the Development. 2. The sign face area may not exceed 60 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two- sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by total square footage of name, insignia, and motto only. 4. The setback for the signs from C.R. 951 and U.S. 41 rights -of -way and any perimeter property line shall be 5 feet. 5. Boundary marker signage shall be ground mounted and the sign structure is limited to a maximum height of eight feet (8'). C. PROJECT ENTRANCE SIGNS One ground or wall- mounted entrance sign may be located on both sides of each entrance right -of -way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the Development. 2. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. The square foot calculation does not include aesthetic appurtenances, such as walls, wrought iron fence, and other decorative elements. If the sign is a single, two -sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from C.R. 951 and U.S. 41 rights -of -way and any perimeter property line shall be 5 feet. 4. Entrance sign script may not exceed a height of 15 feet and the total sign shall not exceed a height of 20 feet above the lowest centerline grade of the nearest public or private right -of -way or easement to the uppermost part of the sign structure. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. Agenda Item No. 17B January 24. 2006 Page Uof 77 D. INTERNAL SIGNS 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights -of -way shall be no less than 5 feet. Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Winding Cypress. Individual signs may be a maximum of 64 square feet per sign face area. Such sign script may have a maximum height of 8 feet. No building permit is required. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 4 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side and a maximum height of 8 feet. 3. Real estate signs with a maximum size of 4 square feet per side in residential districts. Such signs may advertise "For Sale," "Sold To," and/or "Lot #." No building permit is required. 4. Special Event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 15 feet to any property line. No building permit is required. 5. Grand Opening signs: The developer may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on -site for a period not exceeding 14 days within the first three months that the occupant is open for business. E. TRAFFIC SIGNS 1. Traffic signs, such as street signs, stop signs, and speed limit signs, may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with FDOT criteria. F. TEMPORARY SIGNS Temporary signs may be permitted, and may consist of the following types: project identification and directional (internal and external); real estate and sales center identification (intemal only).. 2. Each sign may not exceed 80 square feet in area. If the sign is two - sided, each sign face may not exceed 80 square feet in area. Agenda Item No. 17B January 24, 2006 Pag,2-20of 77 3. The setback for temporary signs from U.S. 41 and C.R. 951 rights -of- way, and any perimeter property line shall be 10 feet. 4. Temporary signs may not exceed 15 feet in height above the lowest centerline grade of the nearest public or private right -of -way or easement to the uppermost part of the sign structure. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 75% build -out. 6. Temporary signs may be permitted subject to the requirements outlined above. The erection of any temporary sign shall require permitting as established within section 2.5.12 of the LDC. G. CONSTRUCTION ENTRANCE SIGNS One sign, with a maximum of 20 square feet in size, may be located at each construction entrance, to identify the entrance as such. No building permit is required. 2. Employment signs with a maximum of 20 square feet in size, may be located at each construction entrance, to advertise for construction trades. No building permit is required. H. COMMERCIAL SIGNS Wall, mansard, canopy or awning signs: One wail, mansard, canopy or awning sign may be permitted for each single- occupancy parcel, or for each establishment in a multiple - occupancy parcel. Corner units within multiple- occupancy parcels, or multi- frontage single - occupancy parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within the Town Center may be allowed one additional wall sign facing the Town Center if the additional sign is not visible from any road right -of -way. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a) The maximum allowable display area for signs may not be more than 20 percent of the total square footage of the wall of the building to which the sign will be attached. 2. Pole signs: Two (2) pole signs are permitted for each internal street, provided there is a 500 foot separation between such signs. a) Maximum allowable sign area: 100 square feet per side, if two - sided b) Maximum allowable height: 20 feet c) Setbacks: 10 feet from any right -of -way or property line Agenda Item No. 17B January 24, 2006 Page2244f 77 d) Spot or floodlights may be permitted provided said light shines only on the signs and is shielded from motorists and adjacent residents. 3. Projecting signs: Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a) Projecting signs shall not project more than four feet from the building wall to which it is attached. b) Projecting signs shall not extend above the roofline of the building to which it is attached. C) Projecting signs shall not project into the right -of -way. d) Projecting signs which project over any pedestrian way shall be elevated to a minimum height of 8 feet above such pedestrian way. 4. Under - canopy signs: In addition to any other sign allowed by this ordinance, one under - canopy sign may be allowed for each establishment in the Town Center. This sign may not exceed 6 square feet in area and shall be a minimum of eight feet above finished grade. SECTION III RESIDENTIAL DISTRICT (TRACT A AND TRACT B) 3.1 PURPOSE Agenda item No. 17B January 24, 2006 Page 25-26477 The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as 'R," and located in Tract A and Tract B. 3.2 MAXIMUM DWELLING UNITS A maximum number of 2,300 residential dwelling units may be constructed on lands designated "R." 3.3 GENERAL DESCRIPTION The Residential District is designed to accommodate a full range of residential dwelling types, compatible non - residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the 'R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses in Tract A and Tract B: 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 3. Single Family Attached, Duplex, and Townhouse Dwellings 4. Multi- Family Dwellings including Garden Apartments 5. Assisted Living Facilities /Congregate Care 6. Maintenance Facilities 7. Model Homes, Sales Centers, including administrative offices and construction offices Agenda Item No. 17B January 24 2006 Page 2i�-J77 S. Any other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. B. Accessory Uses and Structures in Tracts A and B: 1. Guest houses. 2. Accessory uses and structures customarily associated with principal uses permitted in this District, including neighborhood community recreational facilities. 3. Any other accessory use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" District, Tract A. B. Table 11 sets for the development standards for land uses within the "R" District, Tract B. C. Site development standards for single family attached and detached, patio, zero lot line, two- family, and townhouse uses apply to individual residential lot boundaries. Multi - family standards apply to platted parcel boundaries. D. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approval or Preliminary Subdivision Plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table I and Table 11 shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. F. Required property development regulations may be approved that are different than those set forth in Table I and Table 11, subject to the requirements of Section 2.6.27 of the LDC. G. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon application and payment of fees by the property owner, its successors and /or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed Agenda item No. 17B January 24, 2006 Page 273oB77 by the Developer's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of application. H. Assisted living facilities /congregate care facilities are limited to a Floor Area Ratio (FAR) of 0.45. For the purpose of calculating density when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal to .33 residential dwelling units. A maximum of 100 residential units may be converted to assisted living facilities /congregate care facilities. Agenda Item No. 17B January 24 2006 Page 264 77 TABLE WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS - TRACT A Minimum Site Area Minimum Site Width Minimum Site Depth Front Yard Setback Rear Yard Setback Side Yard Setback Mrinrinall - Side Yard Setback Accesso - Rear Yard Setback (Accessory) Maximum Hei ht Distance Between Principal Structures Minimum Floor Area General Notes: SINGLE PATIO & SINGLE FAMILY FAMILY ZERO LOT DUPLEX ATTACHED & DETACHED LINE - 2,800 SF 2,800 SF 3,535 SF IN 200 SF 35' 35' 20 65' 65' 100 40' 15' 15' 10' 10' 10' 10' 5' 5 5' 5' 51 5 5' 5, 5' 5 35' 35' 35' 50' N/A NIA NIA 10' 1 ann _qF 750 SF MULTI- FAMILY 12,000S1 100' 90' 15'� 20' 7.5' 5' 10' 50' 15' 750 SI For any lot or parcel which is served by both a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line, menth Common architectu as fe tares su the ch archways, pavement. arbors, a d courtyard easement entry features shall be exmpt from the with 10' pa minimum yard requirements listed above. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configuration shall be submitted to Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. With approval from the Developer, front yards shall be measured as follows: A. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. Sidewalks shall be located in the right -of -way. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). '1 This setback shall be reduced to 10' for side entry garages, front porches, and combination front porch /front entry garages. "2 The side comer setback shall be the same as the required front principal structure setback. "3 Height shall be measured from the first habitable finished floor elevation of the unit. '4 Setback to be measured from edge of pavement or back of curb, whichever is applicable, of road that serves the unit. "5 Side yard setback shall be either 0' on one side and 10' on the other, or 3' -1' on one side and 6' -11" on the other. "6 Accessory Pool Enclosure /screen lanai setback may be reduced to 0' when att ached to privacy wall. "7 Accessory Pool Enclosure /screen lanai setback from Lake Maintenance Easement may be reduced to 0' provided architectural bank treatment is incorporated dwelling g Patio unit of is enclosed cby a wall located at the lot for ne, thus gcrea creating a pry ate yard between the house and the woalWherein each TABLE II Agenda Item No. 17B January 24. 2Q¢06 Page 20477 WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS - TRACT B SH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements_ Minimum lot areas for any unit type may be exceeded. The unit type and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. Guest houses shall meet the applicable principal structure setbacks and shall be permitted on lots 15,000 square feet or greater Flag lots shall have no minimum lot width but will meet lot area requirements With approval from the Developer, front yards shall be measured as follows, A If the parcel is seared by a public right -0f -way, setback is measured from the adjacent right -of -way line. Sidewalks shall be located in the right -of -way. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). •1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment (such as bulkhead or retaining wall) is incorporated into design and subject to wnften approval from the Developer Design Review Committee and Project Plan Review. Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. '3 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. •4- Minimum lot width may be reduced by 20% for cU de -sac lots provided minimum lot area requirement is still maintained. •5 For patio tomes with less than a 5' side yard setback, the opposite side setback shall be sufficient so that the combined setbacks equal 10'. Once the first building on the side of a street utilizing this product type is permitted, all subsequent buildings must follow the pattern established by the first unit For example, a 3' setback on one lot must be followed by a 7' setback on the next lot or vice versa. '6 - Multi- family shall include multi- family units as defined in Collier County LDC and assisted living faoilifies/congregate care facilities. '7 - Floor area minimum (SF) is not applicable to assisted living facilities/congregate care facilities. •8- A Patio Home is a detached or semi-detached unit for a single family with one (1) dwelling unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall SINGLE PATIO & SINGLE FAMILY MULTI FAMILY FAMILY ZERO LOT DUPLEX ATTACHED AND DWELLINGS*" DETACHED LINE TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF 3,000 SF NA Minimum Lot Width 75 50 35 30 Minimum Front Yard NA Setback (Principal and 20 20 20 20 Accessory) 20 Minimum Front Yard for Side Entry Gara a 12 12 12 12 12 Minimum Rear Yard Setback (Principal) 10 5 10 10 Minimum Rear Yard 5 BH Setback' (Accessory) 5 5 5 Minimum Side Yard Setback 7.5 0 or 5' 0 or 7.5 5 0 or .5 BH 10 5 SBH Maximum Hei ht 40 35 35 35 65 Floor Area Minimum SF Distance Between 1500 SF 1200 SF 1200 SF 1200 SF 1000 SF Princi al Structures 15 10 0 or 15 r, qRW L LIM" SH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements_ Minimum lot areas for any unit type may be exceeded. The unit type and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. Guest houses shall meet the applicable principal structure setbacks and shall be permitted on lots 15,000 square feet or greater Flag lots shall have no minimum lot width but will meet lot area requirements With approval from the Developer, front yards shall be measured as follows, A If the parcel is seared by a public right -0f -way, setback is measured from the adjacent right -of -way line. Sidewalks shall be located in the right -of -way. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). •1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment (such as bulkhead or retaining wall) is incorporated into design and subject to wnften approval from the Developer Design Review Committee and Project Plan Review. Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. '3 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. •4- Minimum lot width may be reduced by 20% for cU de -sac lots provided minimum lot area requirement is still maintained. •5 For patio tomes with less than a 5' side yard setback, the opposite side setback shall be sufficient so that the combined setbacks equal 10'. Once the first building on the side of a street utilizing this product type is permitted, all subsequent buildings must follow the pattern established by the first unit For example, a 3' setback on one lot must be followed by a 7' setback on the next lot or vice versa. '6 - Multi- family shall include multi- family units as defined in Collier County LDC and assisted living faoilifies/congregate care facilities. '7 - Floor area minimum (SF) is not applicable to assisted living facilities/congregate care facilities. •8- A Patio Home is a detached or semi-detached unit for a single family with one (1) dwelling unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall 4.1 4.2 4.3 4.4 SECTION IV VILLAGE CENTER DISTRICT PURPOSE Agenda Item No. 17B January 24, 2006 Page 3044 77 The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "VC" MAXIMUM SQUARE FOOTAGE A maximum of 30,000 square feet floor area, including retail, office, service and recreational uses may be constructed on lands designated "VC." GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Master Plan. The Village Center portion of this District shall be consistent with the requirements of the Growth Management Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Accounting, Auditing and Bookkeeping Services (Group 8721). Automatic Teller Machines (Group 3578). Amusements and Recreation Services - Indoor (Groups 7911 -7929, 7991, 7993, 7997). Apparel and Accessory Stores (Groups 5611 - 5699). Gasoline Service Stations (Group 5541), no repairs. Automotive Carwashes (Group 7542), except bus and truck washing. Business Services (Groups 7334, 7349). Eating and Drinking Places (Groups 5812 -5813) except drive- through. Food Stores (Groups 5411- 5499). General Merchandise Stores (Groups 5331- 5399). Miscellaneous Retail (Groups 5912 -5963, 5992 - 5999). Personal Services (Groups 7211, 7212, 7215, 7216 non - industrial dry cleaning only, 7217, 7219 -7251, 7291 - 7299). Real Estate (Groups 6512, 6531, 6541). Recreation Services (Group 7911) Residential uses as set forth in Section 3.4 of this document including residential units integral to Town Center structure(s) and as free - standing Agenda Item No. 17B January 2406 Page 31 77 uses. Free - standing residential uses shall comply with the development standards set forth in Section 3.5. 16. Travel Agencies (Groups 4724 and 4725) 17. United States Postal Service (Group 4311 except major distribution center). 18. Video Tape Rental (Group 7841). 19. Recreation maintenance facilities. 20. Any other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses, such as pool, tennis facilities, parks, playgrounds and piayfields, fitness centers, meeting rooms. 3. Any other accessory use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 4.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25') minimum or one -half the building height, whichever is greater. 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Any yard abutting a residential parcel: Twenty -five feet (25'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Maximum height of structures - Fifty feet (50'); except clock towers or similar architectural features, which shall be permitted up to seventy-five feet (76). C. Minimum distance between principal structures - Fifteen feet (15) or separation required by local fire code. D. Minimum distance between principal and accessory structures - Ten feet (10'). E. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. F. Minimum lot or parcel area - Ten thousand (10,000) square feet. G. Minimum lot width - Seventy five feet (75'). Agenda Item No. 17B January 24, 2 06 Page 3277 H. Except for residential uses, parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of principal building area. Standards for landscaping and other land uses where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. J. Development standards for accessory uses and structures shall be as required by the LDC in effect at the time of at the time of Site Development Plan Approval. Agenda Item No. 17B January 24 2006 Page 3 4 77 SECTION V GOLF CLUB, GOLF COURSE, AND RECREATIONAL DISTRICTS 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "G" -Goff Course, and "REC "- Recreational. 5.2 GENERAL DESCRIPTION Areas designated as "G," and "REC" on the Master Plan are designed to accommodate a full range of golf course and recreational and open space uses, as well as to provide lands for community- related ancillary uses and essential services. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Golf courses, golf clubhouses, golf facilities, maintenance facilities, driving ranges, aqua ranges, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, aquatic centers, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Shuffleboard courts, tennis courts, swimming pools, playgrounds, basketball courts, bocce ball areas, and all other types of facilities intended for outdoor recreation. 8. Any other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 5.4 A Agenda Item No. 17B January 24 2 06 Page 34� 77 Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in these Districts. 2. Pro - shops, practice areas and ranges, golf cart bams, rest rooms, shelters, snack bars, golf course maintenance. 3. Retail establishments accessory to the permitted uses of these Districts such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5. Telecommunications facilities. 6. Any other accessory use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Principal Structures: 1. Front Yard: Twenty -five feet (251) minimum or one -half the building height, whichever is greater. 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Any yard abutting a residential parcel: Twenty -five feet (25'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Minimum Yard Requirements for Accessory Structures: 1. Front Yard: Twenty feet (20') minimum or one -half the building height, whichever is greater. 2. Side Yard: Ten feet (10'). 3. Rear Yard: Ten feet (10'). 4. Any yard abutting a residential parcel: Twenty feet (20'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0) provided architectural bank treatment is incorporated into the design. C. Maximum height of structures - Fifty feet (50'). D. Minimum distance between principal structures - Fifteen feet (15') or separation required by local fire code. E. Minimum distance between principal and accessory structures - Ten feet (10'). Agenda Item No. 178 January 2406 Page 3 77 F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Minimum distance between all other accessory structures - Ten feet (10'). Parking for the community center /clubhouse shall be one space per every two hundred (200) square feet of gross floor area of principal structures, which shall be considered inclusive of required parking for golf course and all other recreational uses. J. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. SECTION VI PRESERVE DISTRICT 6.1 PURPOSE Agenda Item No. 17B January 24, 2006 Page 365,ai 77 The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan, as "P." 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive /educational trails and permitted water management uses and functions. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Passive recreational areas, boardwalks, wildlife observation platforms, golf cart paths and nature trails (elevated and at grade), and gazebos. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Water management facilities. 4. Temporary construction access road. 5. Utility or roadway crossings. 6. Fences and walls. 7. Any other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 6.4 DEVELOPMENT STANDARDS A. All structures shall be set back a minimum of five feet (6) from the Preserve District boundaries and roads, except for pathways, boardwalks, fences, golf cart paths, and water management structures, which shall have no required setback. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). Agenda Item No. 17B January 24. 2006 Page 3_/0s277 D. Minimum distance between accessory structures - Five feet (5'). E. Minimum floor area - None required. F. Minimum lot or parcel area - None required G. Standards for parking, landscaping, lighting, signs, and other land uses, where such standards are not specified herein or within adopted Winding Cypress Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 6.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non - exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. The Developer shall be responsible for the control and maintenance of lands within the Preservation Area. SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE Agenda Item No. 17B January 24 2006 Page 36ol 77 The purpose of this Section is to set forth the general development commitments of the Developer within Winding Cypress. 7.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this Project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document, as adopted, along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer shall be bound by said documents, commitments, and stipulations. 7.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 7.4 TRANSPORTATION A. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrances onto CR 951 (North- South) and US 41 (East - West) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. B. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. 7.5 WATER MANAGEMENT A. A South Florida Water Management District (SFWMD) Environmental Resource Permit will be required and obtained. Agenda Item No. 17B January 24, 2006 Pt2je 39 of 77 7.6 ENVIRONMENTAL A. The Collier County 'ST' overlay will be eliminated. A conservation easement will be provided for the proposed preservation areas pursuant to Section 6.5. Based upon final environmental permitting there may be adjustments to the proposed preservation areas. B. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Winding Cypress PUD, the Environmental Impact Statement (EIS) submitted in conjunction with the application for public hearing for PUD Rezone shall serve as the EIS and the requirement for obtaining approval of an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Winding Cypress PUD boundaries that require County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly change, the County may require additional information or an EIS supplement. C. The Developer shall acquire SFWMD Environmental Resource and U.S. Army Corps of Engineers wetland impact permits for the project. D. Petitioner shall comply with permit conditions and stipulations contained within U.S. Army Corps of Engineers and SFWMD permits issued for Winding Cypress which concern protected wildlife species. E. The Preservation Areas incorporate wetlands as well as buffers. The Project will be consistent with SFWMD and U.S. Army Corps permitting criteria, including any wetland buffering requirements. For these reasons, no additional buffering contiguous to the Preservation Areas will be required. F. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Florida Fish and Wildlife Conservation Commission Gopher Tortoise Relocation Permit or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burrows exist. Gopher Tortoises shall be relocated pursuant to Collier County LDC criteria. G. All conservation areas shall be recorded as conservation /preservation tracts or easements with protective covenants pursuant to or similar to Section 704.06 of the Florida Statutes. Conservation areas, including those that are recorded on a plat, shall be dedicated to the Developer for the responsibility of the control and maintenance of lands within the Preservation Area. H. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preservation areas, shall be submitted to the Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. This plan shall include the methods and time schedule for eradication of exotic vegetation within preservation areas. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Agenda Item No. 17B January 24, 2006 7P3ge 40 of 77 Commission (FFWCC) regarding potential impacts to protected species on -site, as approved through project - specific ERP and Corps permits. A Habitat Management Plan for those protected species identified on -site shall be submitted to Planning Services Department staff for review and approval prior to final site plan /construction plan approval. 7.7 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance No. 97 -17, as amended, except as may be provided in Section 2.5 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.5 of this document. D. Existing vegetation will be saved where possible; therefore, the County owned potable water mains and forcemains will be allowed to meander during construction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as -built survey of the utilities will be required and shown on the record drawings. E. Landscaping and sidewalks will be allowed within the right -of- way /County utility easement (R.O.W. /C.U.E.) and over the County owned potable water mains and forcemains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the R.O.W. /C.U.E. For large vegetation and trees (palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. The Collier County Public Works Department will not be responsible for the repairs, replacement, maintenance or restoration of above - ground improvements or landscaping installed by the Developer within the R.O.W./C.U.E. The aforementioned costs shall be the sole financial responsibility of the Developer. This clause will be shown within the homeowners' association documents and on the construction plans. F. For the County owned potable water mains and forcemains located within a 50 foot R.O.W. /C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. The minimum distance from the BOC to the right -of -way line will be 13 feet. Agenda Item No. 17B Ja y 24, 2006 r4a e 41 of 77 G. For the County owned potable water mains located within a 40 foot R.O.W /C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the right -of -way line will be 8 feet. H. For the County owned potable water mains and forcemains located along the main roadway, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right -of -way line will be 15 feet. For the main roadway section with a median, the minimum distance from the BOC to the right -of -way shall be 13 feet. Irrigation water will be provided with a separate non - Collier County owned distribution system supplied by on -site wells, reclaimed water and /or other non - potable sources. All irrigation water source permitting shall be coordinated with SFWMD. The irrigation water distribution main may be located within the right -of- way /County utility easement/public utility easement/drainage easement, as applicable, for the main roadway. The Collier County Public Works Department will not be responsible for the repair, replacement, and/or maintenance of said irrigation main nor shall the Collier County Public Works Department be responsible for any associated above - ground restoration. 7.8 ENGINEERING A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. B. Work within Collier County right -of -way shall meet the requirements of the Collier County Right -of -Way Ordinance No. 93 -64. 7.9 POLLING PLACES A. Pursuant to Section 3.2.8.3.14 of the LDC, provisions shall be made for the purpose of accommodating the function of an electoral polling place if deemed necessary by the Supervisor of Elections. w +MS•waY�wn �7OD/�V L1WI�n11 •— aw R � CID a �!! ae 7j 7 m �e I I S Rp 7 PON 11 f .. i16 Ul :� dg m / ij Mal cn 4 � 7s ap! I m i Io d T88T118 • �o eopov o_p ovo oovo 0 erura.o. lama rm" MISO; ller Agenda Item , 176 January 244, 2006 NswDiractfonsIn Page 43 of 77 PbnrpnQ Oeslpn Q Enp+nesrirtp Description of Part of Sections 26, 34 and 35 of Township 50 South, Range 26 East, and Sections 2 and 3 of Township 51 South, Range 26 East Collier County, Florida. (PARCELS "A" and "B ") All of Section 26, Township 50 South, Range 26 East, Collier County, Florida; less and except the north 30.00 feet (for road right -of -way) and the west 100 feet (for canal right -of -way) therefrom; AND ALSO Alf of Section 35, Township 50 South, Range 26 East, Collier County, Florida, less and except the west 60.00 feet (for canal right -of -way); AND ALSO Part of Section 34, Township 50 South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 2 Township 51 South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida; Being more particularly describes as follows: PARCEL "A ": BEGINNING at the Southeast corner of Section 2, Township 51 South, Range 26 East, Collier County, Florida; thence along the south line of said Section 2 North 87 °02'48" West 2717.79 feet to the South Quarter Corner of said Section 2; thence continuing along said line North 89 °27'31" West 233.96 feet; thence leaving said line North 54 121'26" West 3802.70 feet along the northeast right-of-way line of U.S. 41 (Tamiami Traif); thence North 20'14'55" East 2036.85 feet; thence North 69 °45'05" West 45.00 feet; thence South 89015'14" East 60.00 feet to a point on a fine lying 60 feet east of and parallel to the West Line of said Section 2; thence along said line thence North 00 °44'46" East 1350.52 feet to a point on the North Line of Section 2, said point on a line lying 60 feet east of the west line of said Section 35; thence along said line North 00 °50'06" East 2614.26 feet; thence continuing along said line North 00 052'55" East 2619.36 feet to a point on the North Line of said Section 35; thence along said line South 89 033'56" East 40.00 to a point on a line lying 100 feet east of and parallel to the west line of Section 26; thence along said fine North 00 °50'24" East 2633.11; thence continuing along said line North 00c'50'1 8" East 2604.58 feet to a point on the Southerly Right of Way Iine of Sabal Palm Road, said line being 30.00' south of the north line of said Section 26; thence along said Right of Way line South 89 037'03" East 2541.99 feet; thence continuing along said line South 89 °37'26" East 2642.08 feet to a point on the East line of said Section 26; thence along the East Line of said Section 26 South 00° 14'00" East 2606.72 feet to the East Quarter Corner of said Section 26; thence continuing along said line South 00 °14'36" East 2636.75 feet to the Southeast Corner of said Section 26; thence along the East Line of said Section 35 South 00 °24'ST' West 2638.06 feet to the East Quarter Corner of said Section 35; thence continuing along said line South 00 023'29" West 2637.20 feet to the Southeast Corner of said Section 35; thence along the East Line of said Section 2 South 00 °40'26" West 2801.59 feet to the East Quarter Comer of said Section 2; thence continuing along said fine South 00040146" West 2750.15 to the Southeast Corner of said Section 2 and the POINT OF BEGINNING of the parcel herein described (PARCEL "A "); Parcel Contains 1922.2 acres more or less. Subject to easements, restrictions and reservations of record. Bearings are based on the east half of the south line of Section 2 being North 87 °02'48" West. iv Naples Fort Afrers Sarasata Bradeataa Tamps Tallahassee 3200 Barley Lane, Suite 200 Naples, Florida 34105"7 941- 649 -4040 V 941-643 -57161 61�99•KBId Y�r 01!- BSrpC7�iiRI www.wtlwnmiller.com N0506007.003 --0 Wll— MUMr.loc. — FL LIC.0 LC- 0000170 CA 43 l Mjller Agenda item , 176 January 244, 2006 Page 44 of 77 Description of Part of Sections 26, 34 and 35 of Township 50 South, Range 26 East, and Sections 2 and 3 of Township 51 South, Range 26 East Collier County, Florida. t (PARCELS "A" and "B") Continued; �i ALSO INCLUDING THE FOLLOWING: 1 PARCEL "B": COMMENCING at the Southwest Corner of said Section 26; thence along the West Line of said Section 35 South 00 052'55" West 674.12 feet; thence leaving said line North 89 °07'05" West 40.00 feet to a point on a line 40 feet west of the West Line of t Section 35 and the POINT OF BEGINNING of the parcel herein described (PARCEL 'B "); thence along said line South 00 152'55" West 1110.23 feet; thence leaving said line North 89 °07'05" West 539.68 feet; 1 thence North 35°39'05" East 175.97 feet; thence northeasterly 1066.66 feet along the are of a tangential circular curve concave to the northwest having a radius of 2964.93 feet through a central angle of 20 °36'46" subtended by a chord which bears North 25 °20'42" East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described (PARCEL `B "). Parcel Contains 5.7 acres more or less. Subject to easements, restrictions and reservations of record. 1 Bearings are based on the east half of the south line of Section 2 being North 87 °02'48" West Total parcel (including Parcels "A" and "B ") contains 1927.9 acres more or less. WILSONMILLER, INC. Registered Engineers and Land Surveyors Certificate of authorization #LB43. By: /J?,6;A �i !f „1 rhl � Michael •H. Maxwell, PSM Not Valid unless embossed with the Professional's seal. Ref. 4E -5D W.O.: N0506- 000 - 000 -MABSI Date: October 15, 1999 Revised : January 13, 2000 N 1 8ntl8l -mis v.r. 01!.x51 OCIJt uI N060E.OUT -000-0 1. Agenda Item No. 17B January 24, 2006 Page 45 of 77 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2002 -35 Which was adopted by the Board of County Commissioners on the 25th day of June, 2002, during Regular Session. ;;�= WITNESS my hand and the official seal of the Boa3# -1zf ?__• = c °. County Commissioners of Collier County, Florida, this '8th r� day of June, 2002. "' rn- n y°rn C-n DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of` County CommissioneT" " By: Carleen` K,.. i3war_ds, Deputy Agenda Item No. 17B January 24, 2006 DEVELOPMENT ORDER 02- 01 Page 46 of 77 RESOLUTION NO. 02- 3 02 A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 99-4, FOR THE WINDING CYPRESS DEVELOPMENT OF REGIONAL IMPACT ( "DRI') BY PROVIDING FOR AMENDMENTS TO REDUCE THE NUMBER OF RESIDENTIAL DWELLING UNITS; TO CREATE A MIX OF SINGLE FAMILY AND MULTIFAMILY DWELLING UNITS; TO REDUCE THE GROSS FLOOR AREA FOR OFFICE USES AND INCREASE THE GROSS FLOOR AREA IN RECREATIONAL FACILITIES; TO DECREASE THE ACREAGE OF THE GOLF COURSE AND CORRESPONDING NUMBER OF HOLES; TO INCREASE THE AMOUNT OF PRESERVE AREA AND BUFFERS, WATERWAYS, CANALS AND FP &L EASEMENTS, AND TO FURTHER AMEND: THE HISTORICAL /ARCHEOLOGICAL SECTION; THE HURRICANE EVACUATION/FLOOD PLAINS SECTION; THE VEGETATION AND WILDLIFE/WETLANDS SECTION; AND THE PUD DOCUMENT SECTION; TO PROVIDE FOR FINDINGS OF FACT; CONCLUSIONS OF LAW; EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, on September 2, 1998, Barron Collies Company, in accordance with Subsection 380.06(6), Florida Statutes, filed an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Winding Cypress with Collier County and Southwest Florida Regional Planning Council; and WHEREAS, on December 14, 1999, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, having considered the Application for Development Approval of a Development of Regional Impact submitted by Developer; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of Collier County Staff and Advisory Boards; and the record made at said hearing, issued Resolution No. 99-467 and Development Order 99-4 approving the Winding Cypress DRI; and WHEREAS, on March 8, 2002, George Varnadoe, on behalf of Barron Collier Company, Ltd., (hereinafter "Developer, the successor in interest to Barron Collier Company, and the owner and developer of the Winding Cypress DRI, filed a Notice of Proposed Change ("NOPC'� requesting that the Board of County Commissioners approve the following changes to the Winding Cypress DRI: a reduction in the number of residential units; an increase of 83 acres of preserve area; a reduction in the amount of golf course uses by 27 holes, one clubhouse, one maintenance facility and one practice range; a decrease of 5,000 square feet, with a corresponding increase of 5,000 square feet, in the amounts of office and recreational uses, respectively, within the Village Center; a redesign and relocation of approved uses within the Winding Cypress DRI as depicted on the DRI Master Plan marked "H -1" attached hereto as Exhibit "C "; and the amendments to the terms and conditions of the Winding Cypress DRI Development Order as approved below. WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact and Notices of Proposed Change (NOPC) thereto; and WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the requirements of the Collier County-Zoning Ordinance have been satisfied; and Deletions appear as Wirathmugh text, additions appear as Undorlined text. Agenda Item No, 17B January 24, 2006 WHEREAS, the Board of County Commissioners passed Ordinance 99 -93 I3jW4--dRT%*d7 14, 1999, which rezoned the subject property to PUD and the Developer has requested the County j to approve amendments to the Winding Cypress PUD to conform with this DRI Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the NOPC on June 10, 2002; and WHEREAS, the issuance of an amended Development Order pursuant to Section 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development permits consistent herewith by the County or State; and WHEREAS, on June 25, 2002, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, considered the NOPC and approved the amendments to the Winding Cypress DRI Development Order and approved the revised Winding Cypress DRI Master Plan, marked "H -I" and attached as Exhibit "C" hereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER. A. The Findings of Fact Section of Development Order 99-4, the Winding Cypress DRI, is hereby amended to read as follows: FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in Exhibit "A" 2. The application is consistent with Subsection 380.06(6), Florida Statutes (1998). 3. The Developer submitted to the County an ADA and sufficiency responses, hereby referred to as composite Exhibit "B ", which by reference thereto are made a part hereof to the extent that they are not inconsistent with the terns and conditions of this Order, as amended. 4. The Developer proposes development of the Winding Cypress Development of Regional Impact, as shown on the Master Plan attached hereto as Exhibit "C ", and consisting of 1,928 acres, which includes: A. A total of 2894 2.395 residential dwelling units and -a sales eery, sub'ec to the provisions of parao ph 4 A 3 hereof on 43; 448 acres, as described in subpara¢raDhs (11 -(31 below: 1 Up to 1.440 residential units may be si g1e farnily dwelling units and 2. Up to 860 re idential units may be multi family dwelling units 3. The Developer shall have the option of converting a maximum of 100 anrQVed single family r;;id=j1at dwelling unirc t� additional multi family residential amts at a conversion ratio of 1.95 multi- family units fQr each single family unit converte i family viae without filing a NOPC or mrt Dingrfher DRI review B. A Village Center consisting of 10,000 square feet of Gross Floor Area (GFA) of retail use, 10 AN 5.000 square feet GFA of office space, and 10,0N 15,000 square feet GFA of recreational facilities, in addition to a clubhouse; Deletions appear as SvikedwegO text, additions appear as Underlined text. Agenda Item No. 17B January 24, 2006 Page 48 of 77 C. Golf Clubs Clues 43 IS holes of golf course, practice range, and maintenance facilities on 338164 acres; D. 235 acres of lakes; E. 66 U acres of right -of -way; F. 9 acres of recreational lands; and G. :}3 796 acres of preserves, and 88 M acres of miscellaneous buffers, waterways, canal, and FP &L easements. 5. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes. 6. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 9. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County, as amended. 10. The development is consistent with the State Comprehensive Plan. B. Paragraph 2, "Historical/Archeological," of the Conclusions of Law Section of Development Order 99-4, the Winding Cypress DRI, is hereby amended to read as follows: A. Archaeological sites 8CR786, 8CR787, 8CR788, SCR789• 8CR790, 8CR791, 8CR792, 8CR793, 8CR794, 8CR795, and 8CR796 within the Winding Cypress property shall be preserved in perpetuity and shall be recorded as "Preserve" on all appropriate plats, site plans, and the Master Development Plan for the Winding Cypress DRI. B. In areas where the sites are located in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or equivalent protections, such as temporary fencing or other structural barriers, shall be preserved or constructed around the archaeological sites. Exotics removal within these areas shall be by hand labor. R C. 11 " the " " Gov", foF mview and approve-1- The Developer shall cooperate with the 12enartment of State Divisign of Historical Resources ("DHR ") R4414 investigation of these sites by allowing access to the archaeological sites by properly credentialed investigators, whenever such access can be reasonably accommodated. Deletions appear as 90ikeshmugh text, additions appear as Underlined text. Agenda Item No. 17B Jan Car 24, 2 06 D. 77 Register of Mi—arie Planes If any additional arehaeological/histahcal sites are uncovered during the proposed development activities, all work in the immediate vicinity of such sites shall cease immediately, and the Developer shall contact DHR, SWFRPC, and Collier County so that a stat"ertified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions, as necessary. 6 E. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Historical and Archaeological Sites are hereby incorporated by reference to the extent they are consistent with Paragraphs A-F P. above. C. Paragraph 3, "Hurricane Evacuation/Floodplains," of the Conclusions of Law Section of Development Order 994, the Winding Cypress DR[, is hereby amended to read as follows: A. All deeds to property located within the Winding Cypress DRI shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier County or the Southwest' Florida Region is high, and/or hurricane shelter spaces are limited. B. The Developer, or the proposed homeowners' association shall establish and maintain a public information program for purposes of educating the development's residents regarding the potential hurricane threat, the need for timely evacuation in the event of an impending hurricane, the availability and location of hurricane shelters, and evacuation routes, and the identification of steps to take to minimize property damage and to protect human life. In order to use the above mitigation option, the Developer shall develop a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address and include, at a minimum, the following items: ]. operational procedures for the warning and notification of all residents and visitors prior to and during a hurricane watch and warning period; 2. a public awareness program which addresses vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the locations of hurricane shelters, and other protective actions which may be specific to the development; 3. identification of who is responsible for implementing the plan; 4. and other items as deemed appropriate. Deletions appear as Sbikksgweusk text, additions appear as Undorlin ed text. Agenda Item No. 17B January 24, 2006 Page 50 of 77 C. The Developer has provided off -site hurricane shelter mitigation for the Winding Cypress DRI by providing funds to the Collier County Emergency Management System for window and door protection to the Oak Ridge Middle School pursuant to commitments made as a result of negotiations with Collier County officials. D. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane Preparedness), and not in conflict with the above recommendations, shall be incorporated into the Development Order as conditions for approval. D. Paragraph 6, "Vegetation and Wildlife/Wetlands" of Development Order 99-4, the Winding Cypress DRI, is hereby amended to read as follows: 4. VEGETATION AND WILDLIFE/WETLANDS A. The need for wildlife crossings and fencing designs for roadways crossings of the preserve areas shall be reviewed in coordination with the Florida Fish and Wildlife Conservation Commission C' FFWCC') as part of the ERP permit process. B. Review of State listed species and habitat impacts/mitigation shall be addressed in coordination with FFWCC during the ERP permit process based on specific site plan details. At a minimum, the draft Preserve Area Wildlife/Habitat Management Plan submitted on June 13, 1999, shall be implemented for the preserve area. C. A minimum of .7}3 796 acres of wetland and upland enhancement preserve ` area shall remain in conservation areas post development; a conservation easement shall be placed over all conservation areas. D. Native landscaping shall be used to the greatest extent practical. The Project will meet the criteria of Section 2.4.4.1. of the Collier County Land Development Code which requires 75% of the required trees and 50% of the required shrubs to be native plants. E. Impacts to any gopher tortoise burrows shall be handled through the FFWCC Take and/or Relocation Permit process. Upland an or 1# MM91iio structural butlers will be provided = the SFWMD Basis of Review, E. Paragraph 11, "PUD Document," of Development Order 99-4, the Winding Cypress DRI, is hereby amended to read as follows: There is a PUD document (Ordinance 94.99 023 5 ) approved by the Collier County Board of County Commissioners on Pwetrikee 14,19W June 25, 2002, which also governs the Winding Cypress DRI. The Developer acknowledges that the conditions and commitments of the PUD Document also govern the development and use of property within Winding Cypress, even though the PUD Document (Ordinance 99 93 02- 31, is specifically not made a part of this Development Order. SECTION TWO: FINDINGS OF FACT Deletions appear as Gtrik"revo text, additions appear as Underlined text. Agenda Item No, 17B January 24, 2006 A. The real property which is the subject of this Development Order,findcrrg4�7 Winding Cypress Addition, is legally described as set forth in Exhibit "A ", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Change to a Previously Approved DRI, marked as Exhibit "B ", and be reference made a part hereof. D. The applicant's predecessor in interest proposed the development of Winding Cypress on 1928 acres of land for a mixed -use development consisting of residential, commercial and golf club uses as described in Development Order 99- 4. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the S WFRPC. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order as presented do not constitute a substantial deviation pursuant to Section 380.06(1), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit "B ", by reference made a part hereof. B. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan, as amended, and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. A. Except as amended hereby, Development Order 994 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order 02 -0RW1 be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Local Planning, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. Deletions appear as 8k *odwa gh text, additions appear as Underlined text. Agenda Item No. 17B January 24, 2006 LIST OF EXHIBITS Page 52 of 77 WINDING CYPRESS DRI DEVELOPMENT ORDER Exhibit "A" Legal Description Exhibit "B" Notice of Proposed Change Exhibit "C" Master Plan Deletions appear as Guilowbrough text, additions appear as Underlined text. 8 Agenda Item No. 17B January 24, 2006 BE IT FURTHER RESOLVED that this Resolution be recorded in the 0IWT7 Board. This Resolution adopted after motion, second and majority vote. r )!:?.one this -Zs'2:Xday of June, 2002. z: NTMSTIC, i IQH' . MOCK, CLERK ;s Fw Atte t as to Chalralb $ signature only. Approved as to form and legal sufficiency: Mar{ori . Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i • �� /! .. Deletions appear as Swihoohnugh text, additions appear as Underlined text. H &��'f` Agenda Item No. 17B January 24, 2006 New Dkydons In Planning. Design & Engineering Page 54 of 77 Description of Part of Sections 26, 34 and 35 of Township 50 South, Range 26 East, and Sections 2 and 3 of Township 51 South, Range 26 East Collier County, Florida. (PARCELS "A" and "B ") All of Section 26, Township 50 South, Range 26 East, Collier County, Florida; less and except the north 30.00 feet (for road right -of -way) and the west 100 feet (for canal right -of -way) therefrom; AND ALSO All of Section 35, Township 50 South, Range 26 East, Collier County, Florida. less and except the west 60.00 feet (for canal right -of -way); AND ALSO Part of Section 34, Township 50 South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 2 Township 51 South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida; Being more particularly describes as follows: PARCEL "A ": BEGINNING at the Southeast comer of Section 2, Township 51 South, Range 26 East, Collier County, Florida; thence along the south line of said Section 2 North 87 °02'48" West 2717.79 feet to the South Quarter Corner of said Section 2; thence continuing along said line North 89 °27'31" West 233.96 feet; thence leaving said line North 54 °21'26" West 3802.70 feet along the northeast right-of--,-.,-ay line of U.S. 41 (Tamiami Trail); thence North 20° 14'55" East 2036.85 feet; thence North 69 °45'05" West 45.00 feet; thence South 89 °15'l 4" East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said Section 2; thence along said line thence North 00 °44'46" East 1350.52 feet to a point on the North Line of Section 2, said point on a line lying 60 feet east of the west line of said Section 35; thence along said line North 00 °50'06" East 2614.26 feet; thence continuing along said line North 00 052'55" East 2619.36 feet to a point on the North Line of said Section 35; thence along said line South 89 °33'56" East 40.00 to a point on a line lying 100 feet east of and parallel to the west line of Section 26; thence along said line North 00 °50'24" East 2633.11; thence continuing along said line North 00050'l 8" East 2604.58 feet to a point on the Southerly Right of Way line of Sabal Palm Road, said line being 30.00' south of the north line of said Section 26; thence along said Right of Way line South 89 037'03" East 254I.99 feet; thence continuing along said line South 89 037'26" East 2642.08 feet to a point on the East line of said Section 26; thence along the East Line of said Section 26 South 000 14'00" East 2606.72 feet to the East Quarter Corner of said Section 26; thence continuing along said line South 00 114'36" East 2636.75 feet to the Southeast Corner of said Section 26; thence along the East Line of said Section 35 South 00 °24'57" West 2638.06 feet to the East Quarter Corner of said Section 35; thence continuing along said line South 00 123'29" West 2637.20 feet to the Southeast Corner of said Section 35; thence along the East Line of said Section 2 South 00 040'26" West 2801.59 feet to the East Quarter Corner of said Section 2; thence continuing along said line South 00 040'46" West 2750.15 to the Southeast Corner of said Section 2 and the POINT OF BEGINNING of the parcel herein described (PARCEL "A "); Parcel Contains 1922.2 acres more or less. Subject to easements, restrictions and reservations of record. Bearings are based on the east half of the south line of Section 2 being North 87 002148" West. iv ass eostis�.� 9e.asr0CM%&1 ,�,443 -0 Betrles Fort Myers Sarasota Bradenton Tampa Ta//ahasssQ [ 1 _ /� ,3200 Batley Lane, Suite 200 Naples. Florida 34i(kigW7 941- 649 -4040 S' 941- 643 -5716 ® E`/:tl� U i+ /mot w•Nrw.w�lsorrmllMcawn Agenda Item No. 17B ir January 24, 2006 Page 55 of 77 • Description of Part of Sections 26, 34 and 35 of Township 50 South, Range 26 East, and Sections 2 and 3 of Township S 1 South, Range 26 East Collier County, Florida. (PARCELS "A" and "B ") Continued; ALSO INCLUDING THE FOLLOWING: PARCEL "B ": COMMENCING at the Southwest Corner of said Section 26; thence along the West Line of said Section 35 South 00 °52'55" West 674.12 feet; 1 thence leaving said line North 89 007'05" West 40.00 feet to a point on a line 40 feet west of the hest Line of Section 35 and the POINT OF BEGINNING of the parcel herein described (PARCEL 'B "); thence along said line South 00 °52'55" West 1 110.23 feet; thence leaving said line North 89 °07'05" West 539.68 feet; I thence North 35 °39'05" East 175.97 feet; thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest having a radius of 2964.93 feet through a central angle of 20 °36'46" subtended by a chord which bears North 25 °20'42" East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described (PARCEL "B "). Parcel Contains 5.7 acres more or less. Subject to easements, restrictions and reservations of record. Bearings are based on the east half of the south line of Section 2 being North 87 °02'48" West Total parcel (including Parcels "A" and "B ") contains 1927.9 acres more or less. WILSONMILLER, INC. Registered Engineers and Land Surveyors Certificate of authorization #LB -43. By= �)? d, , 1 �L Michael -H. Maxwell, PSM 650 Not Valid unless embossed with the Professional's seal. Ref. 4E -50 W.O.: N0506- 000 - 000 -MABS1 Date: October 15, 1999 Revised: January 13, 2000 V &89 -ewt$ %'u. °I6aMUCKELAN .;as.00Mooa -a IS( hi boo A Agenda Item No. 17B January 24, 2006 RESOLUTION NO. W 02 Page 56 of 77 DEVELOPMENT ORDER 494 02 ZST AMENDMENT TO DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMI SSIONERS OF COLLIER COUNTY, FLORIDA FOR WINDING CYPRESS, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 26,34 AND 35, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, on September 2, 1998, Barron Collier Company, (heFein in accordance with Subsection 380.06(6); Florida Statutes, filed an Application for Development Approval (ADA) of a Development of Regional impact (DRI) known as Winding Cypress with Collier County and Southwest Florida Regional Planning Council; and WHEREAS, on December 14, 1999, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, having considered the Application for Development Approval of a Development of Regional Impact submitted by Developer; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of Collier County. Staff and Advisory Boards; and the record made at said hearing, issued Resolution No. 99-467 and Development Order 99-4 approving the Winding Cypress DRI• and WHEREAS on March 1 2002 George Varnadoe, on behalf of Barron Collier Company Ltd (hereinafter "Developer ") the successor in interest to Barron Collier Company. and d the owner and developer of the Winding Q=ss DRI. filed a Notice of Proposed Change ( "NOPC ") reguestingthat the Board of County Commissioners approve the following changes to the Winding Cypress DRI: a reduction of the number of residential units: an increase of 83 acres of preserve area• a reduction in the amount of golf course uses by 27 holes, one clubhouse, one maintenance facility and orie practice range: a decrease of 5.000 square feet, with a corresponding as depicted on the DRI Master Plan marked "H -1" attached hereto as Exhibit "C": and the amendments to the terms and conditions of the Winding Cypress DRI Development Order as =roved below. WHEREAS, the Board of County Commissioners as the governing body 'of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Flori da Statutes. is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact and Notices of Proposed Change thereto; and Deletions appear as Strikethrough text, additions appear as Underlined text. EXHIBIT "B" . Agenda Item No. 17B WHEREAS, the public notice requirements of Chapter 380 d ;, i loridL ,-kq9yffes2_4 os the requirements of the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Board of County Commissioners passed Ordinance 99 -9; on December 14, 1999, which rezoned the subject property to PUD and the Developer has requested the County to approve amendments to the Winding Cypress PUD to conform with this DRI Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (Sti'r'TRPC) and held a public hearing on the fAP,4 ^ii Psee ,b 2, 4 9991 NOPC on . 2002; and • �_�_'_- _ _ a - as _ a�a �� — WHEREAS, the issuance of fie} an amended Development Order pursuant to - (Ghaptsq Section 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development permits consistent herewith by the County or State; and WHEREAS on 2002, the Board of County Commissioners at an open public hearing in accordance with Section 380 06 Florida Statutes considered the Notice of Proposed Change and approved the amendments to the Winding_ Cypress DRI Development Order and approved the revised Winding Cypress DRI Master Plan marked "H I" and attached as Exhibit "C" hereto, and makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in Exhibit "A" 2. The application is consistent with Subsection 380.06(6), Florida Statutes, (1998). 3. The Developer submitted to the County an ADA and sufficiency responses, hereby referred to as composite Exhibit `B ", which by reference thereto are made a part hereof to the extent that they are not inconsistent with the terms and conditions of this Order, as amended. 4. The Developer proposes development of the Winding Cypress Development of Regional Impact, as shown on the Master PIan attached hereto as Exhibit "C ", and consisting of 1,928 acres, which includes: A. A total of -(2,892) 2,300 residential dwelling units a=te -a s4es R r on -F4;;+448 acres, as described in subparagraphs (Il -(3) -below: 1. Uv to 1,440 residential units may be single family dwelling units: and Deletions appear as Strikethrou 2 pP gh text, additions appear as Underlined text. Agenda Item No. 17B 2. U12 to 860 residential units may be multi - family dwgIlin_ ,in jtqpagary 2007 3 The Developer shall have the option of converting a maximum of 100 aperoved single family residential dwelling units to additional multi- family residential units at a conversion ratio of 1.95 multi -family units for each single family unit converted to multi - familv use. without filing a NOPC or undergoing further DRI review. B. A Village Center consisting of 10,000 square feet of Gross Floor Area (GFA) of retail use, p 5.000 square feet GFA of office space, and {19,999] 15.000 square feet GFA of recreational facilities, in addition to a clubhouse; C. Golf (Clubs, CIub 18 holes of golf course, practice range, and maintenance facilities on 164 4;591 acres; D. 235 acres of lakes; E. {4} 81 acres of right -of -way F. 9 acres of recreational lands; and G. pia) 796 acres of preserves, and 448+ 180 acres of miscellaneous buffers, waterways, canal, and FP &L easements. 5. The development is consistent with the report and recommendations of the SV+WFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes. 6. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments arid agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 9. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County, as amended. 10. The development is consistent with the State Comprehensive Plan. Deletions appear as Strikethrough text, additions appear as Underlined text. 3 CONCLUSIONS OF LAW Agenda Item No, 17B January 24, 2006 Page 59 of 77 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled on this, the 14th day of December, I999, that the Winding Cypress Application for Development Approval submitted by Developer is hereby ordered approved, subject to the following conditions: E :TRGY A. The Winding Cypress Development of Regional Impact will incorporate the following energy conservation features: Provision of a combination bicycle/pedestrian system connecting all land uses, to be placed along arterial and collector roads within the project. This system will be consistent with local government requirements. B. Provision of bicycle racks or bicycle storage facilities in recreational, commercial, and multi -family residential areas. C. Cooperation with Collier County in the locating of bus stops, shelters, and other passenger and system accommodations for any future public transit system to serve the project area D. Developer shall encourage builders: (1) to use energy - efficient features in window design; (2) to use operable windows and ceiling fans; and (3) to install energy- efficient appliances and equipment. (4) to include porch/patio areas in residential units. E. Prohibition of deed restrictions, covenants, and design guidelines that would prevent or unnecessarily hamper energy conservation efforts. F. Reduced coverage by asphalt, concrete, rock, and similar substances in streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. G. Installation of energy- efficient lighting for streets, parking areas, recreation areas, and other interior and exterior public areas. H. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch). Deletions appear as Strikethrough text, additions appear as Underlined text. 4 Agenda Item No. 176 January 24, 2006 P e60of77 I. Selection of native plants, trees, and other vegetation and landscape designWatures ' - that reduce requirements for water, fertilizer, maintenance, and other needs. J. Planting of native shade trees for each residential unit. 1 K. Planting of native shade trees to provide reasonable shade for all recreation areas, streets, and parking areas. L. Placement of trees to P rovide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. Orientation of structures, as possible, to reduce solar heat gain by walls and to M. O P ` utilize the natural cooling effects of the wind. t N. Provision for structural shading wherever practical when natural shading cannot be used effectively. O. Consideration by the project architectural review committee(s) of energy conservation measures (both those noted here and others) to assist builders and residents in their efforts to achieve greater energy efficiency in the development. 2. HISTORICAL /ARCHA.EOLOGICAL --- A. Archaeological sites 8CR786, 8CR787, 8CR788, 8CR789, 8CR790, 8CR791, 8CR792, 8CR793, 8CR794, 8CR795, and 8CR796 within the Winding Cypress property shall be preserved in perpetuity and shall be recorded as "preserve" on all appropriate plats, site plans, and the Master Development Plan for the Winding Cypress DRI. B. In areas where the sites are located in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or equivalent protections, such as temporary fencing or other structural barriers, shall be preserved or constructed around the archaeological sites. Exotics removal within these areas shall be by hand labor. a cc Registff e944steFk Places. F}- C. The Developer shall cooperate with the DHR's investigation of these sites by Deletions appear as Strikethrough text, additions appear as Underlined text. S Agenda Item No. 17B Janjjary 24, 2006 allowing access to the archaeological sites by properly credentiaied Fns est of 77 whenever such access can be reasonably accommodated. +F+ D. If any additional archaeologicaUhistorical sites are uncovered during the proposed development activities, all work in the immediate vicinity of such sites shall cease immediately, and the Developer shall contact DHR, SWFRPC, and Collier County so that a state - certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions, as necessary. 4G} E. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Historical and Archaeological Sites are hereby incorporated by reference to the extent they are consistent with Paragraphs A-+F+ D. above. 3. HURRICANE EVACUATION/FLOODPLAINS A. All deeds to property located within the Winding Cypress DRI shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high, and/or hurricane shelter spaces are limited. B. The Developer, or the proposed homeowners' association shall establish and maintain a public information program for purposes of educating the development's residents regarding the potential hurricane threat, the need for timely evacuation in the event of an impending hurricane, the availability and location of hurricane shelters, and evacuation routes, and the identification of steps to take to minimize property damage and to protect human life. The Developer shall develop a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address and include, at a minimum, the following items: 1. operational procedures for the warning and notification of all residents and visitors prior to and during a hurricane watch and warning period; 2. a public awareness program which addresses vulnerability, hurricane evacuation, . hurricane shelter alternatives including hotels, staying with friends and the locations of hurricane shelters, and other protective actions which may be specific to the development; 3. identification of who is responsible for implementing the plan; 4. and other items as deemed appropriate. Deletions appear as Strikethrough text, additions appear as Underlined text. 6 Agenda Item No. 17B January 24, 2006 The plan shall be developed in coordination with local emergency management offS27 f C. The Developer has provided off-site hurricane shelter mitigation for the Winding Cypress DRI by providing fimds to the Collier County Emergency Management System for window and door protection to the Oak Ridge Middle School pursuant to commitments made as a result of negotiations with Collier County officials. D. All commitments made by ' the Developer within the ADA and subsequent I sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane Preparedness), and not in conflict with the above recommendations, shall be incorporated into the Development Order as conditions for approval. 4. STORMWATER MANAGEMENT A. The Winding Cypress development shall require a South Florida Water Management District ( SFWMD) Environmental Resource Permit for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetlands and other surface waters. B. The Winding Cypress Development shall require SFWMD Water Use Permits for the proposed surface and/or groundwater withdrawals for landscape irrigation and for certain dewatering activities proposed for construction of project lakes and/or road or building foundations. C. At the time of permit application, the Developer shall provide verification that the proposed system designs will meet SFWMD criteria in effect at that time. D. The proposed surface water management system design includes the possibility of routing additional stormwater from the north through the project site in an effort to restore historical flow patterns. During SFWMD Environmental Resource Permit review processes, a detailed evaluation of concerns expressed by SFWMD staff about the potential for adverse impacts to the adjacent Picayune State Forest, and concerns expressed by the City of Marco Island regarding potential quality and quantity impacts to the City's water supply, shall occur. Deletions appear as Strikethrough text, additions appear as Underlined text. 7 _ • f C. The Developer has provided off-site hurricane shelter mitigation for the Winding Cypress DRI by providing fimds to the Collier County Emergency Management System for window and door protection to the Oak Ridge Middle School pursuant to commitments made as a result of negotiations with Collier County officials. D. All commitments made by ' the Developer within the ADA and subsequent I sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane Preparedness), and not in conflict with the above recommendations, shall be incorporated into the Development Order as conditions for approval. 4. STORMWATER MANAGEMENT A. The Winding Cypress development shall require a South Florida Water Management District ( SFWMD) Environmental Resource Permit for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetlands and other surface waters. B. The Winding Cypress Development shall require SFWMD Water Use Permits for the proposed surface and/or groundwater withdrawals for landscape irrigation and for certain dewatering activities proposed for construction of project lakes and/or road or building foundations. C. At the time of permit application, the Developer shall provide verification that the proposed system designs will meet SFWMD criteria in effect at that time. D. The proposed surface water management system design includes the possibility of routing additional stormwater from the north through the project site in an effort to restore historical flow patterns. During SFWMD Environmental Resource Permit review processes, a detailed evaluation of concerns expressed by SFWMD staff about the potential for adverse impacts to the adjacent Picayune State Forest, and concerns expressed by the City of Marco Island regarding potential quality and quantity impacts to the City's water supply, shall occur. Deletions appear as Strikethrough text, additions appear as Underlined text. 7 . Agenda Item No. 17B January 24 2 06 E. Prior to development of the proposed golf course, the golf course deveh7 be as specific as possible in identifying to the City of Marco Island the types of ' turf maintenance chemicals to be utilized on that portion of the golf course development closest to the Marco Lakes raw water source, and the V, pes and amounts of contamination which could result in these waters as a result of such ' chemical use. J. Any shoreline banks created along the onsite stormwater management system shall include littoral zones constructed on slopes consistent with SFWMD and Collier County requirements and shall be planted in native emergent or submergent aquatic vegetation. K. The Developer or its successor shall conduct annual inspections of the Winding Cypress Master Stormwater Management System and the preserved/enhanced wetland areas on the project site so as to ensure that these areas are maintained in keeping with the final approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. L. The Developer shall confirm to the satisfaction of all applicable federal, state, and local review agencies, and the SFWMD, that the proposed stormwater management system will not impact habitat of any state or federally listed plant and/or animal species occurring on site, or that such impacts shall be mitigated to the benefit of regional populations of those species. Deletions appear as Strikethrough text, additions appear as Underlined text. F. The Dcveloper shall affirm in writing to the Chairperson of the City Council of the City of Marco Island that the Developer as well as any legal successors or assigns will not seek to restrict currently permitted City water withdrawals from the Marco ' Lakes borrow pits. G. During construction activities, the Developer shall employ best management ' practices for erosion and sedimentation control. These practices shall be included with or presented on all construction plans, and shall be subject to approval by the appropriate agencies prior to their implementation. H. Any barriers construction silt or hay bales, and any anchor soil, as well as accumulated silt, shall be removed upon completion of construction. Either the Developer or the entities responsible for the specific construction activities requiring these measures shall assume responsibility for having them removed upon completion of construction. I. The final stormwater management plan shall consider, as applicable, measures to reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass Swale conveyances. Swales shall be used, whenever possible, rather than closed systems. J. Any shoreline banks created along the onsite stormwater management system shall include littoral zones constructed on slopes consistent with SFWMD and Collier County requirements and shall be planted in native emergent or submergent aquatic vegetation. K. The Developer or its successor shall conduct annual inspections of the Winding Cypress Master Stormwater Management System and the preserved/enhanced wetland areas on the project site so as to ensure that these areas are maintained in keeping with the final approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. L. The Developer shall confirm to the satisfaction of all applicable federal, state, and local review agencies, and the SFWMD, that the proposed stormwater management system will not impact habitat of any state or federally listed plant and/or animal species occurring on site, or that such impacts shall be mitigated to the benefit of regional populations of those species. Deletions appear as Strikethrough text, additions appear as Underlined text. T. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 12 (Vegetation and Wildlife), Question 13 (Wetlands), Question 14 (Water), Question 15 (Soils), Question 16 (Floodplains), Question 19 ( Stormwater Management), and not in conflict with the above recommendations, are hereby incorporated by reference. Deletions appear as Strikethrough text, additions appear as Underlined text. Agenda Item No. 17B January 24, 2006 Page 64 of 77 M. The Developer, its successors or assigns, shall undertake a regularly scheduled vacuum sweeping of all common streets and parking areas within the development. The Developer shall encourage any private commercial parcel owners within the ' development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. N. In areas adjacent to retail and office uses, the Developer or the individual site developers, shall provide at least one -half inch of dry pre - treatment (retention or detention); or an equivalent alternative as determined by the appropriate regulatory agencies; in order to provide reasonable assurance that hazardous material will not enter the stormwater management system. O. Ditch and swale slopes shall be designed to minimize discharges so that these discharge. ' facilities may provide some additional water quality treatment prior to Treatment swales shall be planted with grass or appropriate native vegetation. ' P. The grassed stormwater treatment areas shall be mowed on a regular basis as part of the normal lawn maintenance of the development. Any debris that may accumulate in project lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and underdrain systems, shall be cleaned from the detention/retention areas on a regular basis. Any erosion to banks shall be repaired immediately. Q. Underdrain systems and grease baffles, if utilized within the Winding Cypress DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. R. Stormwater management system maintenance requirements shall include removal of any mosquito- productive nuisance plant species (e.g. water lettuce, water hyacinth, cattails and primrose willows) from all system nodes, reaches and 4 percolation basins, as well as from the lake littoral zones employed in the system. S. To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools constructed in lake littoral zones shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as Gambusia affinis. T. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 12 (Vegetation and Wildlife), Question 13 (Wetlands), Question 14 (Water), Question 15 (Soils), Question 16 (Floodplains), Question 19 ( Stormwater Management), and not in conflict with the above recommendations, are hereby incorporated by reference. Deletions appear as Strikethrough text, additions appear as Underlined text. ' Agenda Item No. 17B 5. TRANSPORTATION .January 24, 2006 Page 65 of 77 tA. The Developer or its successor or assigns shall be fully responsible for site related roadway and intersection improvements required within the Winding Cypress DRI, ' including project access points on CR 951 and US 41. The following project access points onto CR 951 and U.S. 41 shall be located consistent with the Winding Cypress Master Plan, attached hereto as Exhibit "C ", and constructed consistent with Collier County and FDOT's permit requirements: (1) CR 951 at North Project Entrance ' (2) CR 951 at South Project Entrance (3) US 41 at East Project Entrance ' B. The Developer shall provide its proportionate share of the costs of necessary at grade intersection improvements including, but not limited to, right of way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through DRI project buildout in 2008: (1) US 41 at CR 951 /SR 951 (2) CR 951 at SR 84/Davis Blvd. C. Improvements to the facilities outlined in condition 5. B, above, shall be made at the time that the intersection is expected to operate at worse than the level of service standard adopted in the Collier County Comprehensive Plan or shall be programmed for construction within three years of that time. No building permits for Phase 2 of this project shall be issued unless the improvements are: a) complete, b) under construction, c) the subject of a clearly identified, executed and recorded local government development agreement consistent with Sec. 163.3220 through 163.3243, F.S., ensuring completion concurrent with the impacts of development; d) the subject of a binding commitment from Collier County, ensuring completion concurrent with the impacts of development; e) the subject of a binding commitment by the County in the current three years of the Capital Improvements Element; or f) the subject of a binding and enforceable commitment by the Developer to provide the improvement concurrent with the impacts of development. Any combination of the above which ensures the improvement to the facility is also acceptable, provided the SWFR.PC, Collier County, and DCA agree that the combination meets the intent of the transportation uniform standards rule. As an alternative to this requirement, the Developer may pay a "proportionate share contribution ", calculated consistent with the formula in Paragraph 9J -2.045 (1) (h), F.A.C., to Collier County for this improvement The proportionate share payment shall only be applied to the immediate construction of one or more improvements to regional facilities significantly impacted by the Winding Cypress DRI. A portion or the entirety of the Developer's Deletions appear as Strikethrough text, additions appear as Underlined text. 10 ' Agenda Item No. 17B proportionate share contribution may be provided through the Developer s pay n--'Wage2E of l e County road impact fees. No building permits for Phase 2 shall be issued unless the proportion e `- share payment and a commitment to use the payment for the construction of a needed improvement, in accordance with the options listed in the paragraph above are received by the County. Any delay or change of the proportionate share payment shall require a reanalysis of the payment amount in a Notice of Proposed Change. D. To determine the project impact on regional facilities, an annual monitoring report t shall be submitted to Collier County, Florida Department of Transportation, Florida Department of Community Affairs, and SWFR.PC for review and approval. The first monitoring report shall be submitted one year after the recorded date of ' the approval of the Development Order for the Winding Cypress DRI. Successive reports shall be submitted annually thereafter until buildout of the project. ' At a minimum; the report shall contain a summary of construction and development activities to date, in the categories of development as recorded in the Development Order. In addition, the report shall contain p.m. peak hour trip generation estimates and turning timprovements at each of the project's access points and the off -site intersections listed in paragraph B above. The report shall also provide a calculation of the existing level of service at the projects access points and the facilities listed in paragraph B above. Finally, an estimate of the level of development expected to be added by the project for the forthcoming year will be provided. The monitoring report shall identify the status of the road improvements assumed to be committed and address any deviations from the identified schedule. E. The Developer shall promote efficient pedestrian and bicycle movement within and between the development's components, and to adjacent properties as deemed necessary by Collier County. F. The Developer shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design, consistent with Collier County transit plans. G. The Developer may select one or more of the options listed in Paragraph C above to the extent that options provide adequate commitments for improvements indicated above to significantly impacted regional roadways and intersections. Whatever options are exercised, however, shall be done with the understanding that the following conditions shall be met: (1) if annual monitoring reports lead to the conclusion that one or more of the regional intersections are operating at worse than the adopted level of service and the project is contributing more than 5% of the adopted level of service - capacity, then further building permits and certificates of occupancy shall not be granted until the standards of the County's Concurrency Management System have been met. (2) The transportation impact to the intersections identified in Paragraph B Deletions appear as Strikethrough text, additions appear as Underlined text. 13. 1 Agenda Item No. 17B above, shall be appropriately addressed consistent with JaWr 26 Concurrency Management Ordinance and any Local Gove`rnm'ent ' Development Agreement or commitment by the Developer and/or the local government to insure concurrency on all significantly impacted regional ' roads and intersections. 6. VEGETATION AND WILDLIFE /WETLANDS iA. The need for wildlife crossings and fencing designs for roadways crossings of the preserve areas shall be reviewed in coordination with the Florida Fish and Wildlife Conservation Commission ( "FFWCC'� as part of the ERP permit process. B. Review of State listed species and habitat impacts/mitigation shall be addressed in coordination with FFWCC during the ERP permit process based on specific site plan details. At a minimum, the draft "'^" 4 rise Preserve Area Wildlife/Habitat Management Plan submitted on June 13, 1999, shall be implemented for the preserve area. C. A minimum of [713) 796 acres of wetland and upland enhancement preserve area shall remain in conservation areas post development; a conservation easement shall be placed over all conservation areas. D. Native landscaping shall be used to the greatest extent practical. The Project will meet the criteria of Section 2.4.4.1. of the Collier County Land Development Code which requires 75% of the required trees and 50% of the required shrubs to be native plants. E. Impacts to any gopher tortoise burrows shall be handled through the FFWCC Take and/or Relocation Permit process. F. Upland and/or appropriate structural buffers will be provided per the SFVV MD Basis of Review. 7. WASTEWATER MANAGEMENT/WATER SUPPLY A. The project shall require a South Florida Water Management District water use permit for the proposed surface and/or groundwater withdrawals for landscape irrigation. The project may also require permits for irrigation well construction and for dewatering activities associated with the construction of lakes, roads and building foundations. B. The project shall utilize ultra -low volume water use plumbing fixtures, self - closing and/or metered water faucets. The devices and methods shall meet the criteria outlined in the water conservation plan of the public water supply permit issued to Deletions appear as Strikethrough text, additions appear as Underlined text. 12 Agenda Item No. 17B the Collier County Utilities Division by the South Florida Watea�24t District. C. South Florida Water Management District staff's estimate of the non - potable water use (irrigation) exceeds that of the Developer (2,640,000 gallons per day versus 2,500,000 gallons per day). At the time of the water use permit application for the DIU, the Developer will be required to provide a revised estimate for non - potable water use. D. South Florida Water Management District may require a cumulative impact model upon permit application. This model shall include withdrawals from surface water, the surficial aquifer, and the Lower Tamiami aquifer by all existing legal users in the vicinity of the Winding Cypress Development. The application shall include all related input and output files. This model will be used to determine potential adverse impacts to the safe yield of each source, existing legal users, legal domestic users, the lateral migration of the saline water surface, potential impacts to existing wetlands, and possible sources of pollution. E. The project shall obtain potable water, wastewater treatment and, eventually non- potable water, from the Collier County Utilities Division, if Collier County determines that it has sufficient capacity to serve the project. Should the Collier County Utilities Division determine that it does not have sufficient capacity to serve the project, the Developer shall either construct interim potable water, wastewater treatment and/or non - potable water facilities, or shall postpone development until such time as the Collier County Utilities Division's service capacity is available to the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon connection to the Collier County Utilities Division facilities. Whether potable water, wastewater treatment and/or non - potable water facilities are provided onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final plan submittal. F. As the Winding Cypress DRI intends to utilize treated effluent for irrigation, the Developer shall ensure that any onsite lakes, preserved or created wetlands, and the stormwater management system are adequately buffered as may be required by regulatory agencies. G. Temporary septic systems may be utilized in conjunction with construction and sales offices, model homes, and rest shelters. Septic systems shall not be allowed onsite, other than for construction and sales offices, model homes and rest shelters. All temporary septic systems shall be properly abandoned and/or removed by a licensed septic system firm at the time when permanent or interim wastewater treatment facilities come online. Deletions appear as Strikethrough text, additions appear as Underlined text. 13 Agenda Item No. 17B H. All construction plans, technical specifications and proposed plats, asap 2r '77 for the proposed water distribution and wastewater collection systems, and any '., possible onsite treatment facilities, shall be reviewed and.approved by the Collier County Utilities Division prior to commencement of construction. All potable water facilities, including any possible onsite potable water treatment plants, shall be properly sized to supply average and peak day domestic demand, in ' addition to fire flow demand, at a rate approved by the appropriate agency having jurisdiction. J. The lowest quality of water available and acceptable shall be utilized for all non - potable water uses. K. All commitments made by the Developer, within the ADA and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 14 (Water), Question 17 (Water Supply), and Question 18 (Wastewater Management), and not in conflict with the above recommendations are incorporated as conditions of approval for the Winding Cypress DRI. 8. POLICE AND FIRE PROTECTION. A. The Developer shall meet with the Sheriffs Department to establish programs and incorporate crime prevention measures during each phase of the site development process. B. Fire protection shall be provided according to existing standards or fire flow criteria promulgated by Collier County or recommended guidelines developed by the National Fire Protection Association. C. Facilities qualifying under the Superfund Amendments Reauthorization Act, Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, shall file hazardous materials reporting applications in accordance with Sections 302, 303, 304, 311, 312, or 313 thereof. Applications shall be updated annually by each reporting facility. 9. SOLID/HAZARDOUS/MEDICAL WASTE A. The Developer shall incorporate the solid waste demands of the project into the county solid waste management program and explore possibilities of extending the life of the landfill by reducing the solid waste volume with practices such as conservation, recycling, trash compaction, and mechanical shredding. B. Any business Iocated within the Winding Cypress DRI, which generates hazardous waste (as defined by Florida Statutes9 Subsection 403.703(21) and Rule 17- 730.030, Florida Administrative Code), shall be responsible for the temporary Deletions appear as Strikethrough text, additions appear as Underlined text. 14 Agenda Item No. 17B u r 24, 2006 storage, siting and proper disposal of the hazardous waste generated �'� 70 of 77 be no siting of hazardous waste storageci businesses. However, there shall g lities contrary to Collier County Zoning Regulations. C. The Project shall be bound by all applicable recycling requirements effective in Collier County at the time of the development. D. Areas within buildings where hazardous materials or waste are to be used, displayed, handled, generated or stored shall be constructed with impervious floors, with adequate floor drains leading to separate impervious holding facilities which are adequate to contain and safely facilitate cleanup of any spill, leakage, or contaminated water. E. Discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. 10. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN Collier County has determined that the Winding Cypress DRI project is consistent with the Collier County Comprehensive Plan and that the project's phasing is consistent with the County's Concurrency Management System relative to public facilities necessary to support the project. 11. PUD DOCUMENT There is a PUD document (Ordinance 99 -93) approved by the Collier County Board of County Commissioners on December 14, 1999, which also governs the Winding Cypress DRI. The Developer acknowledges that the conditions and commitments of the PUD Document also govem the development and use of property within Winding Cypress, even though the PUD Document (Ordinance 99 -93), as amended, is specifically not made a part of this Development Order. 12. GENERAL CONSIDERATIONS A. All commitments and impact mitigating actions provided by the Developer within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. B. The beveloper shall submit an annual report on this Development of Regional Impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. Deletions appear as Strikethrough text, additions appear as Underlined text. is Agenda Item No_ 17B C. The development phasing schedule presented within the ADA and a�a�41 06 date of Development Order approval shall be incorporated as a condition of t approval. If Development Order conditions and Developer commitments incorporated within the Development Order, ADA or sufficiency round responses ' to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. D. If Collier County, during the course of monitoring the development, can ' demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist form contained in Appendix IV to the SWFR.PC's official recommendations for the Winding Cypress DRI shall be used as a guide by Collier County in determining additional substantial regional impacts. ' E. Pursuant to Chapter 380.06(16) Florida Statutes, the Developer may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the Developer is also subject to Collier County ordinances requiring impact fees I or exactions to meet the same needs. Collier County and the Developer may enter into a capital contribution front - ending agreement to reimburse the Developer for voluntary contributions in excess of the fair share contribution. F. This Development Order states the land uses approved in gross square feet, acreage and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651, Florida Statutes. BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The Community Development Director shall be the local official responsible for assuring compliance with the Development Order. 2. This Development Order shall remain in effect for fifteen (15) years from the date of adoption. 3. The definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 4. Pursuant to Subsection 380.06(15)(c)3, Florida Statutes this project is exempt from down - zoning or intensity or density reduction for a period of ten (10) years from the date of adoption of the Development Order, subject to the conditions and limitations of said Deletions appear as Strikethrough text, additions appear as Underlined text. 16 Subsection of the Florida Statutes. Agenda Item No. 17B January 24, 2006 Page 72 of 77 5. The Developer, or its successor(s) in title to the subject property shall submit a report annually, commencing one year. from the effective date of this Development Order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 93- 2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format ", as may be amended, provided by the SWFRPC. Failure to submit the annual report shall be governed by Subsection 380.06(18), Florida Statutes. 6. Subsequent requests for development permits shall not require further review pursuant'to Section 3 80.06, Florida Statutes unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present. Upon a fording that one or more of the following is present, the Board of County Commissioners of Collier County may take any action authorized by Chapter 3 80.06(19), Florida Statutes, pending issuance of an amended development order: A. A substantial deviation from the terms or conditions of this Development Order, a substantial deviation to the project development phasing schedule, a failure to carry out conditions, commitments or mitigation measures to the extent or in accord with the timing schedules specified herein or in the phasing schedule in the ADA, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the Southwest Florida Regional Planning Council; or B. An expiration of the period of effectiveness of this Development Order as provided herein; or C. If the local government, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by the local government in determining additional substantial regional impacts. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local, state or federal permitting procedures. 8. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in Deletions appear as Strikethrough text, additions appear as Underlined text. 17 Agenda item No. 178 January 24, 2006 interest to, or which otherwise possesses any of the powers and duties of any reff&�d 77 governmental agency in existence on the effective date of this Order. 1 9. Appropriate conditions and commitments contained herein may be assigned to or assumed by a Community Development District formed pursuant to Chapter 190, Florida Statutes. 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner, affect the remaining portions of this Order which shall remain in full -force and effect. 11. This Order shall be binding upon the County and the Developer, their assignees or successors in interest. 12. This Development Order shall become effective as provided by law. 13. Certified copies of this Order shall be provided to the Department of Community Affairs and the Southwest Florida Regional Planning Council as provided in Subsection 380.06(25)(g), Florida Statutes. Deletions appear as Strikethrough text, additions appear as Underlined text. i B Agenda Item No. 17B January 24, 2006 Page 74 of 77 Commissioner offered the Resolution and moved its adoption, seconded by Commissioner and upon roll call the vote was: AYES: NAYS: ABSENT AND NOT VOTING: DONE AND ORDERED this _ day of Pesembef, 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY By: Chairperson 19 Deletions appear as Strikethrough text, additions appear as Underlined text» co c O k .N O O r7 LO O C '7 O d? Q �= Mks i i i i -of aggo 91.21 got 1 S now m l� i t .wwawtr w '"`- 77, I Agenda Item No. 17B January 24, 2006 Page 76 of 77 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING RESOLUTION NUMBER 02 -302 (DEVELOPMENT ORDER 02 -01) THAT AMENDED RESOLUTION NUMBER 99 -467 (DEVELOPMENT ORDER NO. 99 -4), FOR THE WINDING CYPRESS DEVELOPMENT OF REGIONAL IMPACT (DRI), TO CORRECT A SCRIVENER'S ERROR IN THE NUMBER AND TYPE OF RESIDENTIAL UNITS ALLOWED BY SAID DRI DEVELOPMENT ORDER. WHEREAS, the Collier County Collier County Board of County Commissioners adopted Resolution No. 02 -302 (Development Order No. 02 -01 for the Winding Cypress DRI), on June 25, 2002; and WHEREAS, following said action adopting Resolution No. 02 -302, Planning Staff determined that the Resolution was not revised to be consistent with the PUD Document that removed references to specific numbers for the different residential dwelling unit types as was intended, therefore constituting a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT Findings of Fact, Section 4.A. of Resolution Number 02 -302 (Development Order No. 02 -01) for the Winding Cypress DRI is hereby amended to correct a scrivener's error by amending said section to read as follows: A b 1 C- RON _ \ 1 A. A total of 2300 residential dwelling units on 448 acres. BE IT RESOLVED that this Resolution relating to Petition Number 5E- 2005 -AR -8626 be recorded in the minutes of this Board. Words sHpasli thfaugh are deleted; words underlined are added. Page I of 2 Agenda Item No. 17B January 24, 2006 Page 77 of 77 This Resolution adopted after motion, second and majority vote. Done this day of ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to Fonn and Legal Sufficiency: Marjorie M. Student - Stirling Assistant County Attorney SE-2005 -A R -75 3 0 /K D, sp 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ICS Words stFueh t4a are deleted; words underlined are added. Page 2 of 2 , CHAIRMAN Agenda Item No. 17C January 24, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board adopt the attached Ordinance to authorize airport -type searches of individuals who enter the W. Harmon Turner Building (Administration Building) at the Government Complex Objective: That the Board adopt the attached proposed Ordinance to authorize airport -type searches of individuals who enter the W. Harmon Turner Building (Administration Building) at the Main Government Complex. Considerations: During its 2005 -06 budget hearings, this Board approved funding for airport- type searches of individuals who enter the W. Harmon Turner Building (Administration Building). The primary purpose of airport-type searches is to keep weapons and explosives out of the Administration Building. The screening/searches are limited to a walk through magnetometer (metal detection), x- raying items, hand- wanding, and when warranted, pat -downs and frisks by the County's professional security personnel (contracted and in- house) and/or law enforcement personnel. The applicable Policies and Procedures will be part of County Manager's Administrative Procedures (CMA), and being a "Manual for Security Personnel," is exempt from Public Records disclosure as specified in Subsection 119.071, Florida Statutes. Amendments to these Policies and Procedures are the responsibility of the Department of Facilities Management, Government Security Section, and the County Manager's Office, and will be adopted without further authorization from this Board, but subject to text approval by the County Attorney. Fiscal Impact: The Board approved $275,000 to initiate the subject screening during its 2005- 06 budget process. Growth Management Impact: Adoption of this Ordinance will have no Growth Management impact. Recommendation: That the Board adopt the attached Ordinance to authorize airport-type searches of individuals who enter the W. Harmon Turner Building (Administration Building) at the Main Government Complex, subject to input, if any, at the public hearing. Prepared by: Skip Camp, CFM, Director, Department of Facilities Management Agenda Item No. 17C January 24, 2006 Page 2 of 4 ORDINANCE NO. 2006- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, .AUTHORIZING AIRPORT= ,['"1'FE SECURXTY SCREENING AND SEARCHES AT THE COLLIER COUNTY ADMINISTRATION BUILDING; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION I_N THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTWE DATE SECTION ONE. A new subsection (e) is hereby added to Section 2 -78 (the "Administ.^i don" Chapter) of the Collier County Code of Laws and Ordinances, as follows: (e) This Ordinance is the Collier County Airport-type Screening Ordinanace, a Criminal Ordinance in the content of Section 910,151, Florida Statutes and other Florida Statutes, These provisions apply only to ,the_C:csllier County Administration Building (W. Harmon Tusnex�_Y"he County. Managtz. is hereby authorized to adopt and zmend Airport -type Screening Policies rind Procedures subject tv text approval by the County Amrncy. The County M=agez and designees of thz County Manager are hereby authorized to conduct airport -type screening at the W. Harmon Turner Building in accordance tivirh those Policies and Procedures, and to have a walk- through magnetometer and a -ray machines installed and maintained at the security entrance of said Administration Building, also to hire Security Personnel subject to budgetary appropriations. As used herein "Security Pczsoaael" tne=s each individual then authorized by the County M=anger or by an authozixcd designee(s) of the County Manages to conduct airport -type screening /searches or to administer any other provisions) in those Policies and Procedures, which axe exempt from public records disclosure as specified in Chapter 119, Florida Statutes. Before viewing (ter receiving) a copy of those Policies and procedures or any part thereof, each such individuaL including each Security Personnel, must sign a confidentiality agreement agreeing not to disclose any of the contents of those Policies and Procedures. In addition to all _=forcemeat provided for in Section 125.69, Florida Statues, any individual w?ao violates any provision of this Ordinance, including breach of the confidentiality agreement, shall be subject to the enforcement provisions of Section 1 -6 of Collier County's Code of Laws and Ordinances. Nothing herein shall be construed to affect any c forC=itnt of ary fr_dtral law, rnudc oz regulation, or any Florida Statute, Florida rule or regulation that may be violated in the coat= of those Policies and Procedures. SEMON T'W'O. CONFLICT AND SEVERABnXTY In the event this Ordinance conflicts with; any other Ordinance of Coifier;County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall. not affect the validity of the remaining portions. SECTION THREE: LNCLUSION IN THE CODE OP LAWS AND ORDINANCES This Ordinance shall be made it part of the Code of Laaas and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION :FOUR EFFECTIVE DATE. This Ordinance shall become . effective upon filing with the Florida Department of State PASSED AND DULY ADOPTED by the Board of County Commission= of Collier County, Florida this day of 2006. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency By: 4 V, aLoot7� Th mas C. Palmer, Assistant County Attorney Agenda item No. 17C January 24, 2006 Page 3 of 4 Agenda Item No. 17C January 24. 2000 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17C Recommendation that the Board adopt the attached Ordinance to authorize airport type Item Summary: searches of individuats who enter the W. Hannon Turner Building (Administration Building)at the main Government Complex Meeting Date: 1124/2006 9 00.00 AM Prepared By Skip Camp. C.F.M. Facilities Management Director Date Services Facilities Management 12128/2005 2:18:14 PM Administrative Approved By Skip Camp. C.F.M. Facilities Management Director Data Administrative Services Facilities Management 12128/2005 4:15 PM Approved By Steve Carnell PurehasinglGeneral Svcs Director Dale Administrative Services Purchasing 12/29120069:14 AM Approved By Steve Camell PurchasinglGeneral Svcs Director Date Purchasing 12J2912005 9:14 AM Administrative Services Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management 8 Budget 12!3012005 5:36 PM Approved By 4lichael Smykowski Management 8 Budget Director Data County Manager's Office Office of Managemenl A Budget 11312006 8:58 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 113/2006 12;15 PM Commissioners Agenda Item No. 17D January 24, 2006 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Chapter 22, Article IV, of the Collier County Code of Laws and Ordinances, commonly referred to as the "Excavation Ordinance" OBJECTIVE: To approve an Ordinance amending Chapter 22, Article IV, of the Collier County Code of Laws and Ordinances, commonly referred to as "The Excavation Ordinance ". CONSIDERATIONS: The existing "Excavation Ordinance ", Article IV of Chapter 22 of the Collier County Code of Laws and Ordinances, was last updated by extensive revisions on or about October 30, 1991 and approved as Ordinance 2001 -60, an amendment to the Land Development Code. When that set of revisions was made, the revisions were prompted by an increase in smaller excavations that has since waned. Economic conditions have driven contractors and developers away from smaller excavations, and the types of excavations listed in the Ordinance have been changed to compensate for the changed conditions, more specifically: Eliminating many commercial excavation "types" having to do with sizes of excavations and deleting related lot size requirements; Setting a maximum allowable time for the applicant to respond to a request for clarification or additional information; Clarifying how some setbacks are to be computed when common lot lines are involved and clarifying absolute minimum setback from property line even if protection is specified; Creating an exception to the breakpoint depth rule that was added during a recent amendment cycle. The rule neglected to allow for areas where the wet season water table is close to the ground surface and doesn't vary much; Mandating erosion control measures to be installed upon completion of the excavation; and Bonding calculations have been revised to be more equitable because restoration is more a function of perimeter rather than volume. The maximum bond amount has been increased to $1,000,000. Monthly inspections have been added as a requirement and a fee for those inspections is specified. FISCAL IMPACT: There is no measurable fiscal impact from these proposed revisions except for the additional fee of $200 per month for the monthly inspections of ongoing excavations that are conducted by the County. Agenda Item No. 17D ,January 24, 2006 Page 2 of 23 GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for the Board of County Commissioners consideration and approval. The County Attorney's Office has reviewed and approved the Ordinance. RECOMMENDATION: That the Board of County Commissioners approve and adopt an Ordinance amending Chapter 22, Article IV, of the Collier County Code of Laws and Ordinances, commonly referred to as the "Excavation Ordinance ". Prepared by: Stan Chrzanowski, Manager, Engineering Review Services N Agenda item No. 17D January 24, 2006 Page 3 of 23 ORDINANCE 06- AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE IV, WHICH REGULATES EXCAVATIONS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDNANCE 04-55, AMENDING SECTION 22 -109, PERTAINING TO EXEMPTIONS; AMENDING SECTION 22.110, PERTAINING TO EXCAVACTION REVIEW PROCEDURES; AMENDING SECTION 22 -111, PERTAINING TO APPLICATION REQUIREMENTS FOR EXCAVATION PERMITS; AMENDING SECTION 22 -112, PERTAINING TO CONSTRUCTION REQUIREMENTS FOR EXCAVATIONS; AMENDING SECTION 22 -113, PERTAINING TO INSPECTION AND REPORTING REQUIREMENTS; AMENDING SECTION 22 -114, PERTAINING TO FEES; AMENDING SECTION 22 -115, PERTAINING TO PERFORMANCE GUARANTEE REQUIREMENTS; AMENDING SECTION 22 -116, PERTAINING TO APPEALS; AMENDING SECTION 22- 117, PERTAINING TO PENALTIES AND ENFORCEMENT; AMENDING SECTION 22 -119, PERTAINING TO COMPLIANCE WITH STATE AND FEDERAL PERMITS; AMENDING SECTION 22 -120, PERTAINING TO VARIANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations necessary for the protection of the public; and WHEREAS, the Board of County Commissioners (Board) has determined that controlling excavations within Collier County is in the public's best interest; and WHEREAS, Collier County Engineering staff has determined that excavation procedures require updating and clarification due to changes in state legislation, Board policies, past experience, changes in population centers and an increased understanding of local ground water and traffic conditions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article IV, Section 22 -109, Exemptions, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22 -109. Exemptions. (5) Agricultural drainage and irrigation work incidental to agricultural operations (see section 22- 110(2) for off -site hauling). a. Excavations incidental to agriculture surface water management and water use facilities as included in existing South Florida Water Management District permits. All Words &tnWk4hf0u& are deleted, words underlined are added. Agenda Item No. 1I7D January 24, 2006 Page 4 of 23 excavated materials must remain on lands under the same ownership. Any transportation of materials over public roads is subject to appropriate trmspeAatian read use fees Right -of -Wax Permits. (7) Farm animal watering ponds or excavations located on single - family lots /tracts where the net property size is two acres or more are exempt from the permitting procedures contained in this article, but will require an Exempt excavation permit and must comply with all the construction standards of this article. Such exemptions apply only ifi a. excavation does not exceed one acre in area and 20 feet in depth. b. Unless an excavation is located in an Agricultural zoning district a -A building permit for a single - family home must be issued prior to the county issuing a lever -s€ e*emptien an Exempt excavation permit. Activities set forth in sections 22- 109(1), (except removal of excess material) 22- 109(2), 22- 109(3), 22- 109(5), and 22- 109(6) above do not require letters of eixe q#j9ff an Exempt excavation permit. Activities set forth in sections 22- 109(4) and 22 -109 (7) require submittal of plans or drawings of the proposed activity to the eEngineerine phw_Fevie,v. Services dDepartment for a formal letter of exemption. SECTION TWO: Article IV, Section 22 -110, Excavation Review Procedures, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 22 -110 Excavation Review Procedures. (a) Types of excavation permits. The permits required by this article shall be issued by the develepraeat Engineering sServices dDepartment in accordance with the procedures set forth herein and shall come under one of the following categories: (1) Private excavations. Private excavations are considered to be an excavation on non - commercial property where the excavated material is not removed from the property and where the disturbed surface area at grade does not exceed two acres. Where more than one excavation is proposed for the same piece of property or properties under common ownership and the combined disturbed surface area exceeds two acres, the permits shall not be issued as a private excavation. (2) Commercial excavations. (Types 1, 11, & III (A, B, G, D)4 Commercial excavations are considered to be any excavation wherein the excavated material is removed from the subject property. Except that up to 4,000 cubic yards of excavated material may be removed from an agriculturally zoned site if the fill is the result of a legitimate agricultural use as defined in other sections of this Code. area less than three aer-as widi an exsayated nja4er_ial valHfae4ess than 60,000 eubie �,Hfds. Type 11 eeffHner-eiad a*eavatien heeated in estates zoning distriets with dimensiens greater- than these kste�� 2 Words stvsk hfouO are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 5 of 23 A] ONAR b L vehHn&-gFeater than 5,0004) All approved developments with offsite hauling activities will be considered Type 19 A commercial excavations. See Section 22 -110 (a) (3) b. for exemption. (3) Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: a. The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the bBoard after appropriate public hearings. b. If approved by the bBoard during the rezone and/or preliminary subdivision plat process, excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. (b) Issuance of permits. (1) Issuance of private and development excavation permits. The county manager or designee may administratively approve and issue private and development excavation permits where all of the applicable standards of this article have been met. When, in his opinion, the standards have not been met, the application shall be submitted to the environmental advisory council for recommendation with ultimate approval or denial required of the bBoard. (2) Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board, When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waived, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission. (c) Notice of meeting. The county manager or designee shall give prior written notice of the environmental advisory council meeting, by first class mail, as noted in section 22- 3 Words s - thfeugh are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 6 of 23 111(a)(3)d., to all adjacent property owners (within 300 feet of the property line or within 500 feet of the excavation itself) as determined by reference to the latest official tax rolls. For Type 1 find T-ype- excavations located in Estates zoning districts, all owners of existing homes or homes under construction, (i.e. having broken ground on the date of submittal of the excavation permit application) within one mile of the site along the haul route must be notified in'- accordance with section 22- 111(a)(3)d. of this Code. Such property owners may request that the item be heard by the 4Board of eCounty eCornmissioners at a public hearing. (d) Excavation permit criteria. Approval by the site Ele elepme % o trovio� „.ew Engineering eering Services Ddirector, or his designee, and the bBoard shall be granted only upon competent and substantial evidence submitted by the applicant, that: (1) The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. (2) Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate county approval. (3) The excavation will not adversely affect groundwater levels, water quality, hydroperiod or surface water flowways. The county manager or designee may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards. (4) The excavation will be constructed so as not to cause an apparent safety hazard to persons or property. (5) The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of critical state concern. (6) In cases where a wetland is no longer capable of performing environmental functions or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. (7) Flow of water within and through preserved wetlands shall not be impeded. (8) Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch. 4 Words stFaek are deleted, words underlined are added. Agenda Item No. 17D January 24, 2 06 Page 7 of 23 (e) Other permits required. All appropriate state and federal permits or approvals for work in jurisdictional areas shall be provided to the county manager or designee prior to issuance of an excavation permit. The excavation permit shall include authorization to remove vegetation within 20 feet of the lake control contour elevation and for the stockpile area. (f)' -Fees . and guarantees. Upon sCommunity dDevelopment and 4 eEnvironmental sServices eAdministrator, or his designee, approval on behalf of the 413oard of sCounty eCommissioners, the applicant will, within 60 days of written notification from the eCommunity dDevelopment and eEnvironmental sServices eAdministrator or his designee, pay the required permit/ review fee, read use fee if required, and post, if required, the appropriate performance guarantee, in a format approved by the county attorney. in additien, the apPlisant fH Failure to pay the fees and post the guarantee; within this time period shall constitute abandonment of the excavation permit application and will require complete reapplication and review in accordance with all requirements in effect at the time of reapplication, with the following exceptions: (1) Upon receipt of an applicant's written request with sufficient justification, as determined by the county manager or designee, and payment of a time extension fee, the county manager or designee may, one time only, authorize the extension of the permit issuance time for up to an additional 60 days. (2) All previously approved excavation permits that have yet to be issued by the county manager or designee become eligible for the above time extensions upon the effective date of this article. (g) Duration of excavation permits. (1) Private excavation and type -I °aa-a commercial excavation permits located in Estates zoning districts shall be valid for a period of 12 months from the date of issuance. If the work is not completed in that time, a second application, with a reapplication fee must be submitted to the county manager or designee, requesting up to an additional 12 months to complete the excavation. If the county manager or designee finds sufficient good cause to grant the request, a permit extension will be issued. (2) Commercial type and development excavation permits will be of indefinite duration or until the excavation reaches the limits of the permitted size, provided the excavating operation remains active in accordance with the requirements of this article. Thirty (30) days prior to anniversary date of permit an annual status report a renewal fee, and a 12 month inspection fee set by resolution shall be required. (h) Excavation application time limit for review. Excavation application, once deemed complete and sufficient will remain under review so lone as a resubmittal in response to County reviewers' comments is received within 270 calendar days from the date on which the comments were sent to the applicant If a response is not received within this time, the application for the excavation review will be considered withdrawn and cancelled. Further 5 Words stmak-threugh are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page & of 23 review of the project will require _a new application and pavment of new application fees subiect to the then current regulations. SECTION THREE: Article IV, Section 22 -111, Application Requirements for Excavation Permits. Sec. 22 -111. Application Requirements for Excavation Permits. (a) Unless otherwise directed, one copy of all required application documents shall be submitted to the county manager or designee on a form to be supplied by Collier County. The application shall include, but not be limited to, the following information: (1) The name, address and telephone number of the applicant or his agent, and, if known, the excavator. (2) Proof of 'ownership, legal description and location of the property involved. A small location map, drawn on 8 1/2 -inch by 11 -inch paper, shall accompany the application, clearly showing the location of the proposed excavation(s) in relation to commonly recognized landmarks. (3) A signed stateme t Excavation Application provided by the c-County and completed by the applicant or his agent which includes: a. A statement that he has read this article and agrees to conduct the excavation in accordance with this article, this Code and other county and state codes and laws. b. A statement of the purpose of the excavation and intended use of the excavated material. C. Exhibits prepared and sealed by the project's surveyor /engineer showing: 1. The boundaries of the property. 2. Existing grades on the property. 3. The level of the mean annual high and low water table with supporting information relative to how elevations were determined. 4. The grades which will exist following the completion of the excavation. 5. The volume of the excavation as measured from the natural grade. 6. Easements, existing utilities, roads and setbacks, and zoning. 7. Drainage and flowways. 8. Aerial limits of any special site vegetation such as mangrove, cypress or other wetland species. 9. For development and all tie -1 commercial excavations, logs of soil auger borings with field classification shall be provided, unless existing recent data is available and provided to the county manager or designee, for use in determining minimum and maximum depths and appropriate side slope configurations and evidence of any confining layers, (this latter to determine if on -site or adjacent wetlands are "perched. ") The depth of the soil auger borings shall extend to a point at least one foot below the proposed bottom elevation of the excavation, and shall be of at least the following density according to size of each excavation; zero to four and nine - tenths acres/two locations; five to nine and nine- tenths acres /three locations; ten acres or more/three locations plus one for each additional 20 acres or fractional part thereof. 6 Words stpaek thfough are deleted, words underlined are added. Q, Agenda Item No. 17D January 24, 2006 Page 9 of 23 10. For private excavations, two auger borings or a simple machine excavated hole to a depth of 13 feet below the wet season water table must he submitted. 11. For type d- aid -t e-H commercial excavations, the site must be posted with a notification of the date, time, and location of the public hearing before the board of county commissioners. 12. For type 1 an -H commercial excavations located in Estates zoning districts, a list of homeowners and a map of all existing dwellings and dwellings under construction (i a having broken ground on the date of submittal of application) at t"� me a submittal of t-he appheatien alerrg adjacent to the haul route, and one mile in any direction, must be submitted for notification to the Community Development Division Engineering Services Department along with envelopes having postage for two ounces and addressed to the owners of those dwellings or dwellings under construction. d. If the project is to be submitted to the eEnvironmental eAdvisory eCouncil, a list of the names and addresses, obtained from the latest official tax rolls, of all owners or owner associations of property within one -fourth mile of the excavation or on -site vehicle access route or within 300 feet of the property lines of the property on which the excavation is to be performed, whichever is less, must be submitted to the Engineering _ Services Director or designee. The applicant shall also furnish the Geanty - �&maget Engineering Services Director or designee with said owners' names and addresses on pre - addressed four inches by nine and one -half -inch envelopes with first class, plus one additional ounce, postage ready for mailing. ;:Rilp Af the site jeng the haul r-e+ae must be fietified. The peti-iiener- shall submit a list ef these C. Water management plan detailing methods for the conservation of existing on -site and off -site surface drainage systems and groundwater resources. Copies of an appropriate surface water management permit and/or water use permit (dewatering) as required and issued by the South Florida Water Management District shall be provided to the county manager or designee prior to commencing the excavation operation. f. If excavated material will be removed from the property, and unless, due to site - specific circumstances, the requirement is waived by transportation operations director, a traffic and road impact analysis will be made by the applicant to address the following: 1. Identifying the project's zone of influence, that is, the distance from the site that traffic is either generated from or attracted to. 2. The existing condition of the road system within the excavation project's zone of influence. 3. The capacity of the road system within the zone of influence to handle existing traffic, normal growth in the traffic, and additional traffic generated from the excavation 7 Words s'•°• are deleted, words underlined are added. Agenda Item No. 1'7D January 24, 2006 Page 10 of 23 project in consideration of the time frame of the traffic generation and the wheel loadings of such traffic. 4. The site - specific road work within the zone of influence which is necessary prior to the start of the. project and which will be necessary during the project so as to assure that premature road failure and/or severe road damage will not occur. 5. ' -Road work to be undertaken by the applicant to mitigate adverse road impacts along with confirmation of the security, if applicable, to be provided by the applicant to assure completion of the identified road work. Any and all security and/or performance guarantee required in excess of $100,000.00 as set forth in the road use analysis shall be secured or guaranteed in eeFdanee with seetion 3.5.' ^. prior to Excavation permit issuance. Should there not be concurrence by transportation operations director and the applicant, about the improvements, maintenance, performance guarantee and/or other requirements on the part of both parties based on the road impact analysis, the permit application along with applicable information shall be subject to review and recommendation by the Collier County Planning Commission followed by review and action by the board. g. The permittee may provide a phasing plan whereby the required performance guarantee may be reduced provided that security requirements are met in the first phase. No excavation shall take place in future phases until either the first phase is completed and approved by Collier County or additional security requirements are provided for the future phase(s) of work. Performance guarantees for platted lakes shall be in an amount equal to the engineer's certified construction estimate. (b4I. Should blasting be necessary in conjunction with the excavation, all blasting shall be done under an approved Collier County user/blaster permit with no overburden removed prior to blasting from the area planned for excavation unless otherwise approved by the county manager or designee. Said permits shall be obtained from the Collier County Development Engineering Services Department. Should approval for blasting not be granted to the applicant, the applicant shall remain responsible to meet any and all requirements of an approved excavation permit unless the subject excavation permit is modified in accordance with this article. (c-4L If trees are to be removed as a result of the excavating operation, a simultaneous submittal shall be made to the eEnvironmenta] Services dDeparttnent. Approval by eEnvironmental Services staff will constitute a permit for removal of the vegetation when the excavation permit is granted. (d)j_ If the,application is made by any person or firm other than the owner of the property involved, a written and notarized approval from the property owner shall be submitted prior to processing of the application. SECTION FOUR: Article IV, Section 22 -112, Construction Requirements for the Construction of Excavations, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 22 -112. Construction Requirements for the GonstFuetion o Excavations. 8 Words st-aek thfeuo are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 11 of 23 All requirements of the South Florida Water Management District, Permit Information Volume IV, along with the following requirements, shall apply to all excavations. (1) Setbacks. Excavations shall be located so that the control elevation contour of the excavation shall adhere to the following minimum setback requirements: Exception where an excavation crosses common parcel or property_ lines, the setback requirements are exoalpt at the contiguous property lines. a. Fifty feet from the right -of -way line or easement line of any existing or proposed, private or public, street, road, highway or access easement. Exceptions to the above - referenced setbacks may be developed and shall be subject to final approval by the development services administrator or his designee. Said exceptions shall be based upon recognized standards for traffic engineering and road design (AASHTO and/or Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida) and shall incorporate such factors as road alignment, travel speed, bank slope, road cross section, and need for barriers. However, lakes immediately adjacent to "T intersections" shall be located based on a specific design analysis by the applicant's engineer which provides for safety and traffic considerations at the intersection. b. Fifty feet from side, rear, or abutting property lines, except where the excavation is located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall be 100 feet from the residentially zoned property. Exceptions to these setbacks may be granted if the following criteria are met: installation of proper fencing (minimum €euf six feet chain link), berms, walls, or other engineered protective measures for the portion of the property line within 100 feet of the lake. The minimum setback from any property line to the control elevation contour shall be 20 feet. C. From jurisdictional wetlands setbacks will be determined using standards set by SFWMD or the Department of Environmental Protection, as applicable. (2) Side slopes. The finished side slopes of the excavated area, expressed as the ratio of the horizontal distance in feet to one foot of vertical drop, shall be as follows: A maximum four to one slope shall be graded from the existing grade to a breakpoint at least ten feet below the control elevation. Below this breakpoint, slopes shall be no steeper than two to one. a. All governing side slopes shall be considered from 20 feet outside the control elevation contour of the resulting excavation. b. If rock, homogenous to the bottom of the excavation, is encountered at any elevation above the breakpoint, then the remaining slope below the breakpoint shall be no steeper than 0.5 to one. If said homogenous rock is encountered below the breakpoint, then the slope below the breakpoint shall be no steeper than two to one to the rock elevation, and no steeper than 0.5 to one from the rock elevation to ten feet below the control elevation. C. In the event that property where a commercial or exempt agricultural excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of section 22- 112(b) proper, or other criteria as may be more stringent. 9 Words &tFae -4kfeegk are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 12 of 23 d. Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the site developmeat mview Engineering Review Services Department Ddirector, where justification shall be documented in a design analysis prepared by a professional engineer registered in the State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline length. Exception to the breakpoint depth may be granted by the Engineering Services Department based on historical water elevation data e. ne a €.e. No building construction permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the excavation top -of -bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the county manager or designee. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of section 22- 112(b)(4). (3) Depths. Unless site conditions, water quality or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows: a. Maximum. Private and development excavations shall not exceed 20 feet in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A +B) /2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. Commercial excavations shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula," or if it can be shown from a comparative water quality study that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the groundwater resources in the surrounding area. b. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at least six feet below dry season water table, unless the portion of the lake in question is a littoral zone planting area. C. Over - excavation. In those instances where the excavator over - excavates the depth of the excavation by more than an average of ten percent, written justification shall be submitted to the county manager or designee by the project's surveyor /engineer providing an assessment of the impact of the over - excavation on the water quality of the excavation. If, upon review of the assessment statement by the county manager or designee and eEnvironmental eAdvisory eCouncil, the increased depth is found to be unacceptable, the permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the county manager or designee. If the depth is deemed acceptable by the county manager or designee and approved by the environmental advisory council, a penalty will be against the Co Words 6,6-aek4hfeegh are deleted, words underlined are added. Agenda Item No. 17D January 24; 2006 Page 13 of 23 permittee for the volume of over- excavated material. The penalty shall be set by resolution for each additional cubic yard of excavated material. (4) Fencing. If, at any time, the county manager or designee finds that the location and conditions of an excavation are not in, or able to be brought into, compliance with all requirements of this article, the excavation shall be buffered with a minimum of a €etffsix- foot -high fence 'with--"No Trespassing" signs as deemed appropriate by the county manager or designee to deter passage of persons. (5) Hours of operation. Hours of equipment and blasting operations shall be regulated by appropriate county ordinance and state laws. Unless otherwise approved by the county manager or designee, all excavation operations with the exception of dewatering pumps, which are within 1,000 feet of developed residential property, shall be limited to operating hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday. Hours of operation for private and for * ° r °"'' typ" commercial excavations located in Estates zoning districts shall be 7:00 a.m. to 5:00 p.m., Monday through Friday. Additionally, such excavation operations shall be in compliance with any and all county ordinances which establish operating controls by hours, days, noise level, or other parameters relating to public health, safety and welfare. (6) Restoration. Upon completion of the excavation operation, the subject property shall be restored as required by the 1986 State of Florida Resource Extraction Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable rehabilitation of the total disturbed area where the resource extraction has occurred, and shall meet the reclamation performance standards established by the state. All disturbed areas, including the excavation side slopes above the water line control elevation contour and a 20 -foot wide area around the entire perimeter of the excavation measured from the control elevation contour, shall be sodded or fertilized and seeded with a quick -catch seed variety approved by the county manager or designee within 60 days of the final-side slope shaping in order to minimize the potential for erosion. (7) Discontinuance of operations. If the excavating operation is inactive for a period of 90 consecutive days, except due to strikes or acts of God, all side slopes, including the working face, shall conform with this article and a report so stating, prepared and sealed by the project's surveyor /engineer shall be submitted to the county manager or designee. Recommencement shall also be reported to the county manager or designee. If the excavating operation is never started or if discontinued for a period of one year, that permit is void unless a written request is made by the permittee with sufficient justification for a time extension in which case the county manager or designee may authorize a permit extension for up to 180 days. A new permit must be approved prior to commencement. (8) Non -water management system lakes. Non -water management system lakes of a surface area of one acre or less, may be riprapped along their entire shoreline under the following conditions: a. Side slopes shall be no steeper than a ratio of two to one. b. Littoral shelf areas must conform to section 3.05.10 of the LDQLand Development Code. 11 words swaek t1weeg# are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 14 of 23 C. Riprapping must extend down to the slope breakpoint required by section 22- 112(2). d. The lake shall have protective barriers to prevent vehicular access where necessary. C. The lake shall meet all of the design requirements of this article and section 3.05.10 of the -LDE Land Development Code. (9) Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e. changes resulting in an increase of 20 percent or more in excavated volume resulting in less than 50,000 additional cubic yards), must be submitted to prejest plan w the Enpineeriing Services Department for review and approval, with such approval granted in writing prior to commencement of any proposed change. Littoral shelf areas must conform to section 3.05.10 of the LDE Land Development Code. Failure to comply with the permit requirements shall be cause for the county manager or designee to issue stop work orders on all excavation related activities taking place or planned for the subject property. Insubstantial changes shall not require prior written approval and shall include reductions in surface area not affecting water management design quantities of material to be removed. A written description of proposed insubstantial change; (including an illustrated as -built as per the excavation permit; to any approved excavation shall be submitted in writing to the Engineering Services Department. (10) Special requirements for commercial excavations located in Estates zoning districts-.are as follows: s a. ommercial excavations will be fequifed to apply f-eF must be authorized by a conditional use appreVal i3ermit for the parcel(s) t#at where the excavation occurs ea. b. Conditional uses and excavation permits expire after one year, with a provision for one additional one_year extension upon payment of a renewal fee -pd inspection fees. C. Blasting will not be permitted. If test holes show that rock is less than 12 feet from the original grade, removal methods must receive staff approval. d. Hours of operation for digging and/or offsite hauling will be 7:00 a.m, to 5:00 p.m., Monday through Friday. e. All areas disturbed as a result of fill storage must be seeded and mulched upon completion of construction. Prior to release of the performance bond, the planted seed must reach a height of six inches. Rye grass is acceptable for this purpose. f. Lake location and size. For parcels five acres in size and smaller, the surface of the lake can occupy a maximum of 40 percent of the lot area. For parcels over five acres and up to ten acres, the surface area of the lake can occupy a maximum of 45 percent of the lot area. For parcels over ten acres, the surface area of the lake can occupy a maximum of 50 percent of the lot area. 12 Words stmek-thr-oub are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 15 of 23 Finished lakes shall be irregularly shaped with no corners less than 40 feet in radius, and must otherwise conform to section 5.05.08 of the Land Development Code. Setbacks less than 50 feet from control elevation contour to property line are pem;aed allowed if proper fencing (48'72 inches high and "childproof ") is used. Under no circumstances will a setback of less than 20 feet from control elevation contour to property line be allowed. There shall be no exceptions to the 50 foot front yard setback from the road right -of- way line. g. Depths. Type -1-and type-B eCommercial excavations located in Estates zoning districts shall not exceed 20 feet in depth. The minimum depth shall be 12 fleet 6 feet below low water at the middle of the excavation. See section 22- 112(x)(1) for exceptions. h. Sideslopes shall be no steeper than one foot vertical to four feet horizontal to a depth of ten feet below control elevation and may be as steep as one foot vertical to two feet horizontal below that elevation. Exception to the breakpoint depth may be granted by the Engineering Services Department based on historical water elevation data. i. Building envelope. A minimum one -acre building envelope is required. The envelope shall be contiguous, rectangular in shape, and may extend to the property lines and include setbacks. The minimum dimension of any side of the rectangle shall be 150 feet. j. Stockpiles. ff9f4fHtffH of aere. The stockpile area may occupy the future homesite. Proper erosion control and sediment measures (meeting N-YPDES standards) must be used at the stockpile site. k. Littoral zone plantings must conform to section 3.05.10 of the LDG Land Development Code. 1. Federal and state agency permits. Any excavation in an area containing SFWMD (Southwest Florida Water Management District), DEP (Department of Environmental Protection) met, or USACGE (United States Army Corps of Engineers) jurisdictional vegetation must obtain a permit from the applicable agency prior to issuance of the excavation permit. (ll) Erosion control. Upon completion of any lake construction, a silt fence must be installed around all portions of the lake which are contiguous to proposed new construction Portions of the silt fence may be removed after the new construction (i.e, residences roads drainage) adjacent to that section of silt fence has been approved. Alternate means of erosion control meeting federal and state standards may be approved by the Engineering Services Director, or designee upon submittal of a plan showing the proposed erosion control method SECTION FIVE: Article TV, Section 22 -113, Inspection and Reporting Requirements, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22 -113. Inspection and Reporting Requirements. (a) Inspection. (1) Collier County personnel, having given reasonable advance notice, shall have the right to enter the property permitted for excavation and ~hyt4feffi4 _me to tote carry out monthly inspections of the excavation site which may includeifkg the collection of water samples 13 Words stm&449egh are deleted, words underlined are added. Agenda Item No. 17D ,January 24, 2006 Page 16 of 23 to determine compliance with the provisions of this article and any special conditions attached to the excavation permit as issued by Collier County. (2) Upon reasonable notice from Collier County personnel that an inspection is to be conducted, which requires the assistance and/or presence of the permittee or his representative, the permittee or his representative shall be available to assist and/or accompany county personnel iri the inspection of the excavation site. Q. (3) Collier County personnel are not obligated to carry out a detailed topographic survey to determine compliance with this aArticle. Upon a finding of violation of this Article or the special conditions of the excavation permit, the county manager or designee shall advise the permittee in writing by certified letter. The permittee shall, within 15 days of receipt of such notice, have either the violation corrected or submit in writing why such correction cannot be accomplished within the 15 -day period. Such written communication shall also state when the violation is to be corrected. If, in the opinion of the county manager or designee, the delay in correcting the violation is excessive, he may recommend to the board that the excavation permit be temporarily suspended or permanently revoked. Upon correction of the violation, the permittee may be required by the county manager or designee to have an appropriate report, letter and/or survey, whichever is applicable, prepared, sealed and submitted to Collier County by the project's engineer /surveyor. Failure to do so shall be cause for revoking the permit. (4) Monthly inspections by county personnel will be conducted for all commercial, development, and private excavations. (b) Reporting. (1) Status reports. The permittee shall provide the community development and environmental services administrator, or his designee, with an excavation activities status report as follows: a. Private and "e I and Pffle-9 commercial excavations located in Estates zoning district. A final status report within 30 days after the final completion of the excavation. b. Development and all "e commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be waived. The final status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this Article and the special conditions of the excavation permit: A sealed topographic survey prepared by the project's surveyor /engineer, containing the following: a) A base line along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as -built side slope and depth of the excavation at 14 Words stFxek h4eugh are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 17 of 23 each station. Unless otherwise approved by the county manager or designee, cross sections shall be taken every 100 feet on excavations less -than five acres or less, and every 300 feet on excavations over five acres. Partial cross sections showing the as -built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angle cross sections do not accurately depict the actual constructed slopes.-The cross section survey data shall be plotted at an appropriate scale and the as -built side slope ratio computed for each of the segments between the survey data points. The approved design cross section, including the breakpoints, shall be superimposed on each as -built cross section to facilitate visual verification of substantial compliance with provisions of this article. Side slopes shall be graded to within a reasonable tolerance as will be determined by the county manager or designee, depending upon local site conditions. b) On all planned unit development or subdivision projects, the outline of the excavation's top -of -bank shall be accurately plotted and referenced to known control points in order that: i) The surface area can be verified as meeting size and retention /detention storage needs. The computed surface area at control elevation shall be shown to the nearest tenth of an acre. ii) It can be determined that the excavation was constructed within easements dedicated for that purpose. C) Calculation of value of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated. 2. A certification from the project's surveyor /engineer stating that they have visually inspected all dikes around any dewatering storage areas, if any, and have alerted the permittee of any apparent weak spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off -site flooding. 3. A certification from the project's surveyor /engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this article and any special stipulations placed upon the excavation permit. 4. The annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this article and the special conditions of the excavation permit: a) An annual aerial photograph with a scale of no less than one -inch equals 200 feet. b) Depth of excavation soundings taken on a 300 -foot grid. C) The property lines of the commercial excavation site as shown on an aerial photograph. 15 Words 6t+us gh are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 18 of 23 d) At the completion of any lake or phase of the excavation permit, a sealed topographic map by the project surveyor /engineer shall be submitted in conformance to the preceding section 22- 113(b)(1) b.l,a). SECTION SIX: Article IV, Section 22 -114, Fees, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22 -114. Fees.- (a) Application fee. A nonrefundable and nontransferable application fee shall be paid at the time of application for private, commercial or development excavation permits to cover the costs of processing the application. Should a road impact analysis be required in accordance with section 22 -111 (a)(3)f. of this article, the application fee shall be increased to cover the cost of the road impact analysis. (b) Permit /Review fee. Within 60 days after approval notification and prior to its issuance, an additional nonrefundable and nontransferable permit/review fee shall be paid to cover the cost of e*ea�,afien menkar-iffg shall be the project and plan reviews. (d) c� Time extension fee. Each written request for the extension of permit issuance time shall be accompanied by a nonrefundable time extension fee to cover the costs of processing the request and the county manager or designee shall not consider the request received until this extension fee is paid in full. (0 (d) Reapplication fee. If a private excavation is not completed within a 12- month period, a second application and a nonrefundable reapplication fee must be submitted to the county manager or designee. (4} Le) Annual renewal fee. Annual status reports filed on development or commercial excavations shall be accompanied by an annual nonrefundable renewal fee to cover the cost of reviewing the annual status report. (f) Monthly inspection fee: A monthly inspection fee paid in advance for 12 months, and due prior to issuance of a permit and then due 30 days prior to the anniversary date of the permit, shall be required for all private, development, and commercial excavations. If the excavation is completed and approved with monthly inspection fees remaining, the remaining fees will be returned. (g.) All fees required by this Ordinance shall be set by resolution. SECTION SEVEN: Article IV, Section 22 -115, Performance Guarantee Requirements, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22 =115. Performance Guarantee Requirements. (a) Upon approval of any commercial or development excavation permit, but prior to the issuance thereof, the applicant shall, after notification that the permit has been 16 Words strttek through are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 19 of 23 —. approved, execute an excavation performance security agreement stating that the applicant will comply with the provisions of this article and the permit. Governmental entities shall be exempt from this requirement except for independent special - purpose government such as a community development district (CDD). Excavation performance security shall be required of an independent special- purpose government in accordance with section 22- 115(a)(3). The excavation perfo.imance security agreement shall be guaranteed by one of the following three methods: (1) Excavations performed in conjunction with a planned unit development or subdivision development where excavated materials are not removed from the boundary of the development and the plan for revised topography has been approved by the county manager or designee may be guaranteed by a subdivision completion bond in accordance with Chapter 10 of the LDG Land Development Code governing the final platting of a subdivision. (2) All other excavations shall, within 60 days after approval notification, have their performance guaranteed by: (a) a cash deposit or certificate of deposit assigned to the #Board of County Commissioners, (b) an irrevocable letter of credit or surety bond. Unless otherwise approved by the county manager or designee, certificate assignments or letters of credit shall be documented on forms to be provided by Collier County. The performance guarantee posted for on -site excavation activities shall be in an amount of no less than $25,000.00 nor more than $5004,)00-.00 1,000.000.00 computed at the rate of $20.00 for sand and $100 for rock per foot of total lake bank perimeterQ ^� �' =y-�-A to be excavated to ensure compliance with the provisions of this article, but such performance guarantee shall not act to limit any guarantees required for off -site road impacts that may be necessary in accordance with section 22- 111(a)(3)f. The County may require the performance guarantee posted for on -site excavation activities to be recomputed at any time-during the project construction for completed, approved lakes and/or the addition of lake bank perimeter. The recomputed rate shall not be less than $25.000.00 nor more than $1,000,000,00. This performance guarantee shall not be returned until the final approval of the excavation has been eranted. (3) The excavation performance security for an independent special - purpose government such as a community development district (CDD) shall be in the following form: a. Funds held by the bond trustee for a community development district which are designated for excavation improvements. The CDD shall enter into an excavation performance security agreement with the county in a form acceptable to the county attorney. The excavation performance security agreement shall provide that (a) all permits required for the construction of the excavations(s) shall be obtained by the CDD prior to excavation permit issuance by Collier County, (b) the project as defined in the CDD's bond documents must include the excavation improvements and cannot be amended or changed without the consent of the county, and (c) the developer shall be required to complete the excavation improvements should the CDD fail to complete same. (b) The performance guarantee shall be executed by a person or entity with a legal or financial interest in the property and shall remain in effect until the excavation and the 17 Words s406l are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 20 of 23 requirements of section 3.05.10 of the IPE Land Development Code are completed in accordance with this article. Performance guarantees may be recorded in the official records of the county and title to the property shall not be transferred until the performance guarantee is released by the county manager or designee. (c) All performance guarantees shall be kept in continuous effect and shall not be allowed to terminate without the written consent of the county manager or designee. (d) Should the county find it necessary to utilize the performance guarantee to undertake any corrective work on the excavation, or to complete the excavation under the terms of this article, or to correct any off -site impacts of the excavation, the permittee shall be financially responsible for all legal fees and associated costs incurred by Collier County in recovering its expenses from the firm, corporation or institution that provided the performance guarantee. SECTION EIGHT: Article IV, Section 22 -116, Appeals, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: See. 22 -116. Appeals. All actions of the county manager or designee shall, if at all, be appealed to the board. Any applicant who is aggrieved by the action of the board relative to the issuance of a permit, or any person adversely affected by the issuance of a permit may challenge said action or issuance by appropriate action in a tribunal or court of competent jurisdiction within 30 days from the date of said issuance or action. Failure to file an appropriate action within the prescribed time limit shall operate as a bar to, and waiver of, any claim for relief. SECTION NINE: Article IV, Section 22 -117, Penalties and Enforcement, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22 -117. Penalties and Enforcement. In addition to the over - excavation penalty provided in section 22- 112(3)(c), any person who violates any section of this article shall be prosecuted and punished as provided by F.S. § 125.69. Each day a violation exists shall be considered a separate offense. The board or any persons whose interests are adversely affected may bring suit, in the Circuit Court of Collier County, for damages or to restrain, enjoin or otherwise prevent the violation of this article. The county manager or designee is vested with the authority to administer and enforce the provisions of this article and is authorized to take action to ensure compliance with, or prevent violation of, the provisions of this article, and shall have authority to issue administrative stay orders. Failure to file timely status reports with accompanying permit renewal fees and inspection fees, or failure to keep the performance guarantee in continuous effect shall be cause for the county manager or designee to issue stop work orders on all improvements or planned improvements for the subject property. SECTION TEN: Article IV, Section 22 -119, Compliance with State and Federal Permits, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22 -119. Compliance with state and federal permits. The issuance of a permit in accordance with the provisions of this article is not intended to preclude the right or authority of any other federal or state agency from requiring separate 18 Words str-uek through are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 21 of 23 permits in accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this article. SECTION ELEVEN: Article IV, Section 22 -120, Variances of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22 -120. Variances. (a) Any person who is affected by the lake location and sizing requirements of this subsection may make application to the County Manager or his designee, for a variance if strict compliance with this subsection will impose a unique unnecessary and inequitable hardship on the person or the affected property. Relief may be granted only upon submitted proof that such hardship is peculiar to that person or that affected Prroperty, the problem is not self- imposed and that the granting of the variance would be consistent with the general intent and purpose of this sections and the variance is the minimum variance necessary to eliminate the hardship. (1) The County Manager, or his designee is the only person authorized to grant or deny variances for the lake location and sizing requirements. The County Manager, or his designee should render a decision on the variance request within ten working days after actual receipt of a complete application. Denial of a variance request may be appealed to the Board of Zoning Appeals within ten working days of actual receipt by the applicant of the decision of the County Manager, or his designee on the initial request. (2) An application for variance and/or the rganting of a variance shall operate prospectively and shall not affect any then pending enforcement action against the property owner pursuant to the provisions of this subsection or otherwise. SECTION TWELVE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any Section, phrase, sentence or portion of this Ordinance is for any reason held in invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "section ", "article ", or any other appropriate word. 19 Words stssk-throegh are deleted, words underlined are added. Agenda Item No. 17D January 24, 2006 Page 22 of 23 SECTION FOURTEEN: Effective Date This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this..- day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk as to form and legal sufficiency: A. IRITZKOW oun ttorney 20 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman Words stFaelc thfeugh are deleted, words underlined are added. Acenda Item No 17D January 24, 2006 Page, 23 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONLRS Item Number: 17D Item Summary: Recommendaben to approve an Ordinance amending Chapter 22, Arlicle IV, of the Collier County Cade of Laws and Ordinances, commonly referred to as the Excavation Ordinance, Meeting Date: 1 i24!2006 9:00 00 AM Prepared By Stan Chrzanowski Enyineerng Review Manager Date Community Development 8 111012006 3A3:26 PM Environmental Services Engineering Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 1110!2006 3:44 PM Environmental Services Approved By Constance A. Johnson operations Analyst Date Community Development & Community Development & 711112006 11:34 AM Environmental Services Environmental Services Admin. Approved By Jeff Klatzkow Assistant Comity Attorney Date County Attorney County Attorney Office 1111/2006 11:48 AM Approved By Sandra Lea Executive Secretary Date Commmnity Development & Community Development 8 1111/2006 12:46 PM Environmental Services Environmental Services Admin. Approved By Cnnununity Development & Joseph K. Schmitt Environmental Services Adrninstratm Date Community Development & Community Development & 711112006 2:42 PM Environmontal5ervices Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1!1112006 3:17 PM Approved By Mark Isackson Budget Analyst Date County Manaynr's Office Office of Management & Budget 1/121200611:17 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1312006 12:37 PM