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Agenda 03/14/2006 R - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 14, 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 ,_'__0-- - _.__.~.._. _._---~~--'.-------_._-_._._-'- ---. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Robert Hinklin, East Naples United Methodist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. February 8, 2006 - BCC/LDC Meeting C. February 14, 2006 - BCC/Regular Meeting D. February 22, 2006 - BCCIDistrict 2 Town Hall Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 vear Recioient 1. Robert Slebodnik - Lely Golf Estates Beautification Advisory Committee 4. PROCLAMATIONS A. Proclamation designating March 13 through 17, 2006, as the 27th Anniversary of the Know Your County Government Week. To be accepted by Stephen Edlund, Barron Collier High School, and Callie Garrett, Naples High School. _. B. Proclamation honoring the NCH Healthcare System, its staff, physicians, Board of Trustees and Its volunteers on its 50th Anniversary of providing excellent medical services and care to the community. To be accepted by Edward Morton, CEO and Allen Weiss, M.D., President. C. Proclamation designating March 14, 2006 as The Copeland Workforce Day. To be accepted by Pastor Gilmore. D. Proclamation recognizing the FlaWARN crews from the City of Punta Gorda, the City of Tampa, Hernando County, Pinellas County and the City of Bradenton be recognized and their invaluable assistance to the citizens of Collier County in our recovery from Hurricane Wilma. To be accepted by Jim DeLony and George Yilmaz. 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request by Peter Gaddy to discuss transportation options for the Estate's area. B. Public Petition request by Raymond Paull to discuss a two-month extension for Waterside Shops Work Restriction Exemption. - 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 to be heard at 2:00 p.m. ADA-200S-AR-8497, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee appealing and administrative decision specifically asking to overturn the granted administrative variance (AVA-200S-AR-7821) for property located at 316 Flamingo Avenue. (Appellant's Hearing Exhibits are on display in the County Manager's Office, 2nd Floor, Building F, Collier County Government Center) B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-200S-AR-8616, Daniel Hamilton, represented by Davidson Engineering, requesting a 2.S-foot after-the-fact variance from the required 37.S-foot front yard setback for a corner lot in the (E) Estates zoning district to permit a single-family home that is currently under construction. The subject property, consisting of 2.S8 acres, is located at 462S 30th Avenue S.E., in Section 28, Township 49 South, Range 28 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee - Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled, Park Impact Fee Update, prepared for Collier County, Florida, updating the methodology for the annual indexing adjustment to the Park Impact Fee Rates, and providing for a delayed effective date of May 1S, 2006. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Animal Services Advisory Board. B. Appointment of member to the Tourist Development Council. C. Confirmation of appointment of member to the Contractors Licensing Board. D. Appointment of member to the Historical/Archaeological Preservation Board. E. Recommendation to approve a resolution supporting the proposed Permanent Protection for Florida Act of 2006, as proposed by U.S. Senators Mel Martinez and Bill Nelson, which protects the State from the threat of offshore drilling. (Commissioner Coletta) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. To review the written and oral reports of the following Advisory Boards and Committees scheduled for review In 2006 in accordance with Ordinance No. 2001-SS: Affordable Housing Commission, Black Affairs Advisory Board, Collier County Citizen Corps, Forest Lakes Roadway and Drainage Advisory Committee and Hispanic Affairs Advisory Board. (Michael Sheffield, Assistant to the County Manager) Page 3 of 8 '-'-'--"-~-'-'--- ____.__._._w__ __"__M_ - B. Recommendation to approve the Project Agreement with the Natural Resources Conservation Service in Support of Hurricane Wilma Recovery Efforts In Collier County, and approve a purchase order to Crowder-Gulf, Inc. in the amount of $1,215,000.00 plus a 10% contingency of $121,500.00 for canal debris removal for a total of $1,336,500.00 and approve a purchase order to R.W. Beck, Inc. in the amount of $86,982.00 for monitoring of disaster generated debris management plus a 10% contingency of $8,698.00 for a total of $95,680.00 and approve the necessary Budget Amendment. (Norman Feder, Administrator, Transportation Services) C. This item to be heard at 10:00 a.m. Recommendation to approve contract for RFP #05-3770, "Design-Build" services for capacity improvements to Immokalee Road from immediately east of 1-75 to 2,000' east of CR 951 Collier Boulevard", County Project No. 69101. (Norman Feder, Administrator, Transportation Services) D. Recommendation to approve the associated expenses not to exceed $5,000 while Collier County hosts the Southwest Florida Consortium Legislative Day in Tallahassee on March 23, 2006 which includes providing breakfast and lunch to County Commissioners and staff of participating counties and municipalities. (Debbie Wight, Assistant to the County Manager) E. That the Board of County Commissioners adopts budget policies as detailed in the attachments to this Executive Summary, establishes June budget workshop dates and September public hearing dates. (Mike Smykowski, Director, Office of Management and Budget) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT .- 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS _~____~__~___._____.______~__~__.___~__.~__~___~______.~_____.~__________________._______~______.____________.__~___._______w._______________ 16. CONSENT AGENDA - All mailers listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ---------------------------------------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water utility facility for Ave Maria University Multi Purpose Facility at the Vineyards. 2. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3H, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 3. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 31, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4. Recommendation to approve for recording the final plat of Bristol Pines Phase I, Tract X-1, Tract R and Tract R-1, Replat. 5. Recommendation to approve for recording the final plat of Copper Cove Preserve, approval - of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 4 of 8 ..~---_. "-,-.-.-- ------" ---..--..- -- 6. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress, Unit One. The roadway and drainage improvements will be privately maintained. 7. Recommendation to grant final approval of the roadway (private) and drainage Improvements for the final plat of Olde Cypress, Unit Three. The roadway and drainage improvements will be privately maintained. 8. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3J, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3K, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3G, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 11. Recommendation to authorize the County Manager or his designee to submit a grant application to the Florida Department of Environmental Protection (FDEP) Bureau of Invasive Plant Management (BIPM) administered through the Southwest Florida Invasive Species Working Group for contractor services to remove invasive exotic vegetation from the Conservation Collier Watkins-Jones Property. ($21,000) 12. Recommendation to authorize the County Manager or his designee to submit a grant application to the Florida Department of Environmental Protection Bureau of Invasive Plant Management (BIPM) for contractor services to fund invasive exotic vegetation removal on the Conservation Collier Mcintosh Property. ($50,000) - 13. Recommendation to approve an impact fee reimbursement requested by PJM Limited Partnership, LLLP totaling $212,114.56 due to the approval of affordable housing impact fee deferral agreements. 14. Recommendation to approve a Contract Amendment, to contract number 04-3682 Consultant Services for Impact Fee Studies-Law Enforcement with Tindale-Oliver and Associates, Incorporated, in the amount of $6,900 to provide for required updates to the cost and credit components of the impact fee study. 15. Recommendation to approve and execute a Lease Agreement with CPOC Realty, LLC for office space to accommodate the Housing and Grants Section of the Operations Support and Housing Department at a first years annual cost for rent and common area maintenance fees of $70,957.76. 16. CARNY-06-AR-9211, Peg Ruby, Marketing/Special Events Coordinator, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Eagle Lakes Community Park Spring Fest on March 30 through April 2, 2006, at the Eagle Lakes Community Park located at 11565 Tamiami Trail East. 17. CARNY-06-AR-9285, Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the Golden Gate Community Festival on March 23 through March 26, 2006, at the Golden Gate Community Center, located at 4701 Golden Gate Parkway. 18. Recommendation to approve final acceptance of the water utility facility for Canterbury Facility - Ave Maria University at The Vineyards. 19. Recommendation to approve final acceptance of the water and sewer utility facilities for Quail West Phase 3 Unit 4. 20. Recommendation to approve for recording the final plat of Quarry Phase 2, approval of the - standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 5 of 8 .,.-.-., ,-".,--.-"- ..---- .".----. ..... .- B. TRANSPORTATION SERVICES 1. Recommendation to award Bid #05-3899, Livingston Roadway Lighting Maintenance Contract, to Kent Technologies, Inc. ($86,000) 2. Recommendation to approve an agreement to construct a sound attenuation wall and authorize the acceptance of temporary construction easements necessary for construction of the sound attenuation wall as part of the four-lane expansion of County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $340,000.00, which will be included in the cost of construction which will be presented to the Board as part of the executive summary for the bid award. 3. Recommendation to accept the conveyance of right-of-way via quitclaim deed which is required for intersection improvements at Davis Boulevard and Lakewood Boulevard, Project Number 60016 (Fiscal Impact: $527.00). 4. Recommends Board's Approval of Adopt-A-Road Agreement (1) for the following: Remembrance of Carmen Sarmiento. 5. Recommendation to approve a new Staff Services Agreement between Collier County Government and the Collier Metropolitan Planning Organization. 6. Recommendation to approve a sole-source purchase of Cartegraph computer software licenses and implementation services for asset management for the Collier County Transportation Division Traffic Operations Department. Fiscal Impact: $93,100.00 7. Recommendation that the Board approve and authorize the Chairman to sign (1) a Landscaping Installation and Maintenance Highway Agreement (Agreement) with the Florida - Department of Transportation (FDOT) for median and roadside landscape improvements along US 41 North, between Immokalee Road and Wiggins Pass Road; and (2) a FDOT- required Resolution evidencing that the Board has approved and authorized the Chairman to sign this Agreement. 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 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 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 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 3. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $110.00 to record the Satisfactions of Lien. 5. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. Page 6 of 8 ~.~" _.--- --..--- -_._~,~-,_...- .- 6. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $120.00 to record the Satisfactions of Lien. 7. Recommendation to approve a change order in the amount of $77,768.52 to Contract 04-3680 with Belair Builders, Inc. for installation of Collier Boulevard (CR-951)Nanderbilt Beach Road (CR-862) 16 Force Main, Project Numbers 73085 and 73086. D. PUBLIC SERVICES 1. Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of the Countys Bayview Park at a cost not to exceed $252,700, Project 800601. 2. Recommendation to recognize additional revenue and approve a budget amendment for an additional $19,592 authorized by the State Aid to Library Program for Collier County Public Library. 3. Recommendation to approve the submittal of a grant application to the Florida Department of State, Division of Library and Information Services for $9,980 for "Assistive Equipment for Vision & Hearing Impaired Patrons." 4. Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. E. ADMINISTRATIVE SERVICES 1. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- - Approved Contracts. 2. Recommendation to award Bid No. 06-3943, Employment Physicals & Drug Testing to Anchor Health Centers, Inc. in the amount of $35,000. 3. Recommendation to approve and execute a Lease Agreement with Senator Mel Martinez for use of office space at the Government Center for an annual rent of $4,248. F. COUNTY MANAGER 1. Approve Budget Amendments. 2. Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Power Cots Program in the amount of $293,384.00. 3. Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program in the amount of $64,948.10. G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to approve the creation of one 0.5 full time equivalent (FTE) employee for the Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Gulf Citrus Best Management Practices kickoff - event on February 1, 2006 at A Duda & Sons in Hendry County; $10.00 to be paid from Commissioner Halas travel budget. Page 7 of 8 ~- .... ,..- ----,.-.....- . -'.-- ------.-.-- ^- I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation that the Board of County Commissioners approve a document for Tenth Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. 2. Recommendation That The Board Of County Commissioners Approve The Attached Agreement Authorizing The Collier County Sheriffs Office To Have Traffic Control Jurisdiction Over Private Roads Within The Indigo Lakes Subdivision. K. COUNTY ATTORNEY 1. Recommendation to approve the Offer of Judgment in the amount of $12,000.00 as to Parcels 124 and 724 in the lawsuit styled Collier County v. Richard D. Lyons as Trustee of Land Trust No. 11304, et aI., Case No. 04-3779-CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,800.00) 2. Approve an Extension of Time to Conclude F .S. Chapter 164 Proceedings and Approve Stipulation for Extension of Time in Reference to the Inverse Condemnation Lawsuit of Bernard J. and Helen R. Nobel, and Vincent D. Doerr vs. Collier County, in Case No. 05-0064- CA for further attempts by the Staffs of the South Florida Water Management District, The State of Florida Division of Lands, and the County to reach an Agreement in the Matter. 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. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-8899, by Beazer Homes, represented by Scott Osmond, requesting a street name change from Inlet Cove Court to Blossom Court for property in Valencia Lakes Phase 7-A, located within Sections 22 and 23, Township 48 South, Range 27 East. 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 March 14. 2006 Continue Item 16B5 to April 25. 2006 BCC meetina: Recommendation to approve a new Staff Services Agreement between Collier County Government and the Collier Metropolitan Planning Organization. (Staff's request.) Move Item 1604 to Item 10F: Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. (Commissioner Fiala's request) Continue Indefinitelv Item 16G1: Recommendation to approve the creation of one 0.5 full time equivalent (FTE) employee for the Marco Island Executive Airport. (Staff's request.) Move 16J2 to 13A: Recommendation that the Board of County Commissioners approve the attached agreement authorizing the Collier County Sheriff's Office to have traffic control jurisdiction over private roads within the Indigo Lakes Subdivision. (Commissioner Coyle's request.) Note: Item 7 A: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. (Staff's request) Item 7B: The Resolution for this item was omitted from the printed agenda packet. Copies have been made available. (Staff's request.) Item 16E1: The report cover period is January 20, 2006 through February 17, 2006. (The report date as shown in the executive summary stated 2005.) (Staff's request) Time Certain Items: Item 7A to be heard at 2:00 p.m. ADA-2005-AR-8497, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee appealing and administrative decision specifically asking to overturn the granted administrative variance (AVA-2005-AR- 7821) for property located at 316 Flamingo Avenue. Item 8A to be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled, "Park Impact Fee Update, prepared for Collier County, Florida", updating the methodology for the annual indexing adjustment to the Park Impact Fee Rates, and providing for a delayed effective date of May 15, 2006. Item 10A to be heard at 11 :00 a.m. To review the written and oral reports of the following Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 2001-55: Affordable Housing Commission, Black Affairs Advisory Board, Collier County Citizen Corps, Forest Lakes Roadway and Drainage Advisory Committee and Hispanic Affairs Advisory Board. Item 10C to be heard at 10:00 a.m. Recommendation to approve contract for RFP #05-3770, "Design- Build" services for capacity improvements to Immokalee Road from immediately east of 1-75 to 2,000' east of CR 951 Collier Boulevard", County Project No. 69101. Item 10F to be heard at 3:30 p.m. Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. Item 13A to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners approve the attached agreement authorizing the Collier County Sheriff's Office to have traffic control jurisdiction over private roads within the Indigo Lakes Subdivision. --.--- ....~ Agenda Item No. 3A March 14,2006 Page 1 of 2 - ADVISORY COMMITTEE SERVICE AWARDS BOARD OF COUNTY COMMISSIONERS MEETING TUESDAY, MARCH 14, 2006 NAME # OF YEARS COMMITTEE Robert Slebodnlk 5 Lei Golf Estates Beautification Adviso Committee - .-- ~- --..------. --,~ ,.-~,,<,,'-"'- ~,._,..,.., - """"''';~'''.' .-.-......-.. Agenda Item No 3A March 14,2006 p(-Ige2012 COLLIER COUNTY BOARD OF COUNTY COMMISSION~.RS Item Number; :'lA lIemSummery: Ad'lIsory CMnmilten Sa,".,ce Awar\ls: Robert SI":'>:xJn;~ . 5 ya\lr5 " L&ly Golt Estales Belluttfj(.lIticnA'h',sGryCCnlmiltlle Meeting Oete; 3!14i20069:000CrAM PrcpllredBy P~lJl~ Sprlr'\fl~ E"l'tCLAtivl't Aldn l<>th" ace ,~ Board <>1 Co<mty Co'n~,15Slo""" BCCOfIi"" 31312006 ~:57:47PM Approved By SLAeFil..on E""cuhveM"""gerlolh,,eCC Ollie BoarrlofCmmly ComrniS'.tonN' BCeOfnen 313/20064:116 PM ApprnvedBy JamnV.Mudd CcuntyManllgor Dille Boord of Co,""ty Con'rnission"r" eo..nlyMllnllger's01fice 3/6/200G 3:1~ PM _. ~~.. -.- .--~-~._~ ---~-- Agenda Item No. 4A March 14, 2006 Page 1 of 2 .-. PROCLAMATION WHIERIEAS, county government is a complex and multifaceted process which affects the lives of all residents of Collier County; and, WHIERIEAS, an increased knowledge of how various aspects of county government work can enhance an individual's quality of life in Collier County; and, WHIERIEAS, it is desirable for all county residents to be knowledgeab/e of the county's government and how it works; and, WHIERIEAS, the League of Women Voters of Collier County, Collier County University IExtension/4-H Youth Development, and the Collier County Public Schools have co-sponsored the Know Your County Government Teen Citizenship program for 27 years. ~ NOW THIERt:FORIE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of March 13 through 17, 2006, be designated as the Zr" Anniversary of the Know Your County Government Week DONIE AND ORDIERIED THIS 14th Day of March, 2006. BOARD OF COUNTY COMMISSIONIERS COLLIIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTIEST: DWIGHT IE. BROCK, CLIERK .-- --.-- . -_...-.".-.-"'''_._----,._~ ..... .,,"c..~,.... ~-_..'_.". ......,..--..--.-..-..-.-......-- Agenda Itsm No 4A March 14, 2006 F"ag82012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: '^ - Proclamation !Jfi~lgnatin~l MarCh 13 through 17, 2006, as thli 27th AnrllVllrsary ot the Know Item Summery: Your COlJOty (?'!v~rnmen~ Wea~ To he ~r"""pla'.l by Stephen E\1hmd, earmn Collier High ::ichool. andCallioG.orrettNaplllsH,ghSCMol M..UngDate: 3114120()6(l:OCi"(JOAM PrepnedBy M"tanieRndr;guez. Admin;straliv" Aide to the BCC "~ BaardorCounty BCCOff;e~ 1I2f>i2Dn612:39:13PM Commi~~jon"rlI Approved By S,m FiI~<>fl E.lte"tivo Man"Il"" 10 Iho BCC ",. BoardmC"""ty BCCOf!1ce 1I2!)j211064:14PM C"mmb~io".."" Approved By L..o E. Och~, J, ()",p"tyCo""lyM"""!l<" 0310:' f.l"am"lC"""ly CounlyManage"sOffit" 3111200S1;;U1PM Commiu;on".... -- -- ---_....._...~_.... .,-..-.- .. _.~ -.-......--.---- Agenda Item No. 4B March 14, 2006 Page 1 of 2 '"-~ PROCLAMATION WHeReAS, in the early 1950's, Naples lacked an essential ingredient of a growing town - a medical facility designed to meet the needs of the people. Through the foresight, wisdom, and generosity of a group of concerned citizens who banded together and pooled their private funds, the city's first hospital was incorporated in 1953 as a non-profit organization known as Naples Memorial Hospital; and, WHeReAS, in 1956, this hospital, which had changed its name to Naples Community Hospital to better reflect the mission of providing for the comprehensive health care needs of the residents and visitors of the area, was opened to the public with 50 beds and 10 bassinets; and, WHeReAS, fifty years later, following the addition of a second hospital to serve the citizens in the northern part of the County, as well as the establishment of many affiliated medical services, and partnerships with 500 premier doctors, the NCH Healthcare System continues to serve the needs of the community by - providing quality and innovative medical services. NOW THeReFORe, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we take pride in honoring the NCH Healthcare System, its staff. physicians. Board of Trustees and its volunteers on its 50" Anniversary of providing excellent medical services and care to the community. DONe AND ORDeReD THIS 14th Day of March, 2006. BOARD OF COUNTY COMMISSIONeRS COLLIeR COUNTY, FLORIDA FRANK HALAS, CHAIRMAN A TreST: DWIGHT t:. BROCK, CLeRK ,,- "W'_HH^"" ._"_,.. ......-.. "'""~._,. , -""'"~~-'.""-"- Agenda Item No. .18 March 14. 2006 F'Hge2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numblr: " 111m Summary: ProclalTlation ~l()noring Ille NCH Healthcare Sysl~m, its stall, p~lyMcial1s, Board o! Truslees (,md il& vOlul1,eet"'; On il1; SOlh Annov"",aryofprovidll1g'M(;allent medical Sf IIvir.<ls!l.nd(;Afelo the community, To be acc,epted by Edward M"rfon, CEO and Allen WE,iss, M,O , President M..llngOltl: 3/14/2!l{)f; 9 OO-IjGAM PrepuooBy PaulaSprlng& Excc<.lUve Aidetoll1e BCC Date BOllrd 01 County BCCOmco 3/3120051219:l0PM Comminlonef'5 Approved By SI'" Fii~on E",e""livnManagnrtotl1<tecc DaM BoarrimCmml1' BCCOffl"", J/31200t12'24PM Commi.~jOl'<>f'll Approved By JamesV.Muod COl"'lyMllnllgM Dolt" e"onJmC"'lflly 31312COS7,C4PM Comm;sslon,,,,, County Manager's Offlco - - ---.,-.-. -~--~._._--. ---------- Agenda Item No. 4C March 14, 2006 Page 1 of 2 _. PROCLAMATION WHEREAS, the community of Copeland was heavily damaged after Hurricane Wilma; and, WHEREAS, the Copeland Workforce was established, composed primarily of those residents of the Copeland Community; and, WHEREAS. the Copeland Workforce has worked diligently to restore and better the community of Copeland; and WHEREAS, the Copeland Workforce has been responsible for vast and unprecedented improvements ranging from repairs to the local water plant, beautification of Janes Scenic Drive from SR 29 to the Fakahatchee State Park, restoration and repair of underground sewer facilities, assistance to local residents in repair and clean up of hurricane debris, and have been instrumental in building 0 sense of pride within the Copeland community. NOW THEREFORE, be it proclaimed by the Board of County Commissioners ,.- of Collier County, Florida, that March 14, 2006, be designated as The Copeland Workforce Day DONE AND ORDERED THIS 14th Day of March, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK -- ___d_ .'-"',,-<,-;.<,.-. ".....~".._;,_. --,,--...,... -".', --,..-...~._-_..._-,. Agec,da Item Nc. 4C March 14. 2006 Page2ct2 COLLIER COUNTY BOARD OF COUNTY COMMJSSIONERS Item Number: 4C JtemSummery: Pmclarnatiol\ dflsign~tlng Mar~h 1~, 2riOl:: as The C<lp~lllm1 WorkJOf"" Dav. Tr, be accapted b,P"storG,lrnol'fl Me.tingOete: :.'I/14"2G069:ClO[)['A,M PrepucdBy P~ula SprIng.. El($cutivltAi,lelo/h..aCC ,.. Board 01 County BCCOlfice Comrnl.s;onutl< 313/20062:03;2!1PM Approved By S...<,Filscn Execuliv"Ma""gllclolh~ DCC 0- BO<lrdaiCoUOly BCCOlfic.<l 313/211062'43F'M CommlMioOCT1I Approved By JllmesV. Mutld COlJntyMaflllll&r D"/" [lmmJafC"""ly C<I"'ml"~I<lr",rs; County Man~g~r<B Office 313f2lJ067:05PM - - --...-.. ---.., ,.-- u._._. - .-. _'_n.___.__, PROCLAMATION Agenda Item No. 4D March 14, 2006 Page 1 of 2 WHEREAS, on October 24, 2005 Hurricane Wilma made landfall in Collier County creating severe widespread electrical outages: and WHEREAS, during the response and recovery period from the date of landfall through October 29, 2005, the Public Utilities Wastewater Department managed cumulatively more than 110 million gallons of wastewater with daily flows ranging between 10 and 20 million gallons district-wide; and WHEREAS, the Public Utilities Wastewater Department activated FlaWARN. Florida's Water and Wastewater Agency Response Network. a formalized system of "utilities helping utilities" ta address mutual aid during emergency situations, that provided critical resources just in time, including: . Thirty one skilled personnel, increasing Collier County's Wastewater Collection's field staff by 50 percent. and . Twenty four generators, and . One fuel tanker, and . Twenty six vehicles and one excavator, and WHEREAS, with the assistance of the FlaWARN crews from the City of Punta Garda, the City of Tampa, Hernando County. Pinellas County and the City of Bradenton, the Public Utilities Wastewater Department was able to maintain and operate field assets including: . More than 13.000 manholes maintained with only 30 overflows of less than 250 gallons reparted and responded to, and - . Approximately 600 miles of gravity lines and 250 miles of force mains kept operational with only two lateral pipe breaks reported and repaired, and . Over 56; 000 wastewater service accounts kept operational with only two service back-up overflow interruptions reported and responded to, and . Over 500 wastewater lift stations without electrical power over a 48-hour period kept operational using portable generators and pumper trucks, controlling only 1 g overflows from lift stations. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County. that the assistance of the FlaWARN crews from the City of Punta Garda, the City of Tampa. Hernando County, Pinellas County and the City of Bradenton be recognized and their invaluable assistance to the citizens of Collier County in our recovery from Hurricane Wilma be acknowledged. DONE AND ORDERED THIS 14th Day of March, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Frank Halas, CHAIRMAN A TrEST: .".- DWIGHT E. BROCK, CLERK _""e_ ,-~..- '-'~"'-'-'-" ..---.-".-,--.- . '"_"_~_~,'_'.' ""_'c'"___,,__ "'._____ Agenda iwm No. 40 MarCh 14,2006 Pag&2 oi2 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS It.mNumb.r: 40 ,.~.. P<ocilimation '(jlx){loiZFllg Hoe FlaWARN (;r""'3 from th6 Cny 01 Punta (;(1'(j". Ih.. City 01 Item Summary; T"mpa, HernllrlduCoLJOly. Pin"II'lS Counl.y and the rAy ()f Br;;OenlOrl bb re<;:o?oi"ed and their invaluabl" aas,stam;" to Ihe r;itizen~ 01 Colii<ll C(llmty in <lil' "'l.:t:lvary from Hurrir;an~ Wilma. To be accepl.ed by J,m Delony and G~or9c Yil.maz M..t1ngDal.: 3114!2()()1i900:00AM Prepared By f>iluluSpring$ E1ecutlY9Ald,,{olheBCC Dal9 BCliI'uMCounty BCCOfficn Comminioller$ 313!2GG62:)3;22PM Approved By Sun Fil~"n EX&culi""MllnallnYlOlh.,sCC ,~ BOMdCllCou"ly BCCOffiCl> JljI2Q"fil:45PM C"mmi~'i""p'''' Approved By J"m"~ V. Mudd C(,unly M~nag"'. 1J~1'1 Board 01 Cm"'ly JIC/20CC 2:07 PM Co",miui<>""'G C"unty Man"ger'5 Office -, - ---_..~ ._"'---,--~,- ~-,. . Agenda Item No. 6A March 14, 2006 Page 1 of 5 _. COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 February 23, 2006 Mr. Peter P. Gaddy 370 12th Avenue ~ Naples, FL 34120 Re: Public Petition Request to Discuss Transportation Options for the Estate's Area Dear Mr. Gaddy: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 14, 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. Sincerely, ~~7f4 County Manager JVM/jb cc: David Weigel, County Attorney Norman Feder, Transportation Administrator ,,- -..- - --"',- __""__'~'_"_'W' ~""~,"--..._",,, ~". ~""'~"_H."'_~._.,._ 02/23/2006 16:29 630-574-9455 PETER P GADDY Agenda Ft~00~A .. March 14,2006 Page 2 of 5 ~-'" ReQuest to Soeak under Public Petition Please print Neme: f~/~A J'.~AlJdY Address: 3 '7 tP /~;r# r1"'~ H)t/' Iv/! j'Jt.$:; / ';:-1- J1'/.70 Phone: 35~-7~~ Date of the Board Meetina yOU wish to SD88k: e7 -;l.Jr -t!?b Please A>tnlain in detail the reason yOU arereouestino to SDeak lettachaddilional oaoe if necessant\" SP~ ATT /!Qffi.P1 j7/to:-~ d / - Please exolein in detail the action vouare askinc the Commission to take (ettach additional oaae if nAl"'Aoeerv): . . S..c~ fi r 7/1?/I ~// ,I:1/1d-..6 ;ifoz C/l7T~~J) .fI1ft ,P ..) -- C:IDOCUMe-l~\LOCAL$o-1\Tomp\Publlo P_ Roquool Form.doc ---- -----"-- 02123/2006 16:29 630-574-9455 PETER P GADDV Agenda Ft~~00~A March 14,2006 Page 3 of 5 2. Amon sought by the Commission I A. That the Board of County Commissioners sponsor an open public forum(s) to more completely review and discuss transportation options for the entire Estate's area. I This forum should be open to all citizens and include all road studies, traffic analysis, ! growth projections and any other information that would be helpful to the development of a comprehensive transportation and development plan for Golden Gate Estates. This would provide a fair and expanded evaluation of the various options and proposals. B. That the Board of County Commissioners direct transportation staff to conduct a traffic analysis of the impact of the extension of Wilson Boulevard South to White Lake Boulevard (Landfill Road) and South on Benfield Road to U.S. 41 East. This much needed North-South corridor was proposed by staff this past year and adopted as part of the 2030 Transportation Plan; however the impact of the development of this corridor on existing and planned roads, including the proposed Vanderbilt Road Extension, has never been studied or explored. (Map Attached) .,_,_"'_'_"'~'U" - --'''''',_.._--' >' ..".."w._~,_~~_"'..._,.-,__" ^'--~-"-'~-"._"-'---"~---'-'"' 02/23/2006 16:29 630-574-9455 PETER P GADDV Agenda Ft~ENo~~A March 14, 2006 Page 4 of 5 - 1. The reason I am requesting to speak: At the request of Commissioner Coletta the Concerned Citizens for Responsible Road Development wishes to explain its' position with regard to following opinions which ate shared by our members: 1.) The M8lor RnIWl Construction Timetable In the EBtStes needs to be Re-PrIorltfzed. Our desperately needed Boulevards need to be Improved sooner, and moved back to the top of the priority list. 2.) The ~ ~ned Boulevams' W~""". Golden Gata Randall. and Everolades. where rIohts-of wav and u--manlllsre alreadv In ....."" need to be improved and built-out llAfllm new highways are built over neighborhood streets and through back yards. 3.) Nelahborhaod and Rural Roads 8hOU~ :m~~ ~;ommarcial Traffic; this traffic should be (11"-"" In the dedicated Boulevsl'd s ble. 4.) Routes for DOtential New Road Construction s:~~1d be detarmined with more Clllzen InDut from the areas concerned befa.. Dlans are 00;;;: d. 5.) Counlv Poiitical Leeders Planners and s:,,~~hou~vide Residents with Time/v. Honest and AccuratA Information on the Road P I a Pr ss. 6. We want to keeD our Homestesds. .- The Citizens who are stakeholders, those to be Eminent Domained, have not had an adequate and fair opportunity to provide input into the road planning and review process. Simply stated we have been excluded from the planning process and not been given an opportunity to be heard. We want the opportunity to understand and challenge the data and analysis. The County has proposed three major road projects involving Eminent Domain in the past year (Green Boulevard, 16th Ave. and Vanderbilt), Since the County is about to embark on the most expensive road projects of all time involving the most extensive use of Eminent Domain ever, it would be wise to proceed cautiously; exercising due diligence, obtaining input from all involved, and considering all available options prior to proceeding. Careful consideration is further dictated by the fact that the proposed roads will engender and encourage massive East and West traffic flows that will affect all of the Districts. If we are given the opportunity to identify the needs and concerns of those involved, the results will be beneficial not only to the stakeholders, but to all taxpayers and residents of Collier County. - ---....-- - ,-- . 02/23/2006 16:29 630-574-9455 PETER P GADDY Agenda Iteli'm!i. 625 March 14, 2006 . Page 5 at 5 . ...-. -- -41T:- .:11.""......-- , l - 1 ~ i . '. ...."" _ 1lWI>. . .-.... AIW i ~ ~ .---> , C?- ! -;. ~ ~ "a 0 I~- . _of~""_ -~ -. -11 -tl "10 -12 . ~ . . --...., FIGURE 4 . _ _ . _ _____~r~a_~ ......T....n-....... v 1i'1i'&!OI.nu.li'. PI,AN - _._--~,.__." m"__~"""_',_~,,~_,",,,_,,'_~'M_'"__"'"'' '" .. . Agenda Item No. 68 March 14, 2006 i Page 1 ;:>1 5 .-,.,. COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 February 28, 2006 Mr. Raymond Paull, Project Manager Keene Construction 5499 Tamiami Trail North Naples, FL 34108 Re: Public Petition Request to Discuss a Two Month Extension For Waterside Shops Work Restriction Exemption Dear Mr. Paull: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 14, 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 concem 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 Tumer Building (Building "F") of the govemment complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. JVMljb cc: David Weigel, County Attomey Joseph Schmitt, C.D.&E.S. Administrator - ""'_~m_""_'. . "'<""'."~'._~,..~.'" -""~"'~-'-"" . '-'."'_"=',,_"~",'_'''_'m". a:lMY MGR CFER. CE Agend<Pl\GEl Nl4 66 02/24/2006 15:57 7744016 March 14, 2006 , , Page 2 of 5 . -' ,..'- . Reouest to SOBek under Public Petition . '",,' ~ ' Please print nd iZlI frd~ Kee I1e {;t'J 51?uc liOIl . Name: Ra~ Add~ss: . 5" fqq 74l1'1liMt/ 7;."/ Mrr~, AltIf/~.s, F7"r;"~ 3 I/O$' I Pho~: (J'3~)JSql- q~61 lJJarl J /1.2005 .Date ot'the Board Meetlna \IOU wish to sOBak: Elena eleDlsln In detail the reason YOU are reauestlna to soeak (attach additional DaDe If necessarY): , .\ Keene Construction would like to request a two-month '. -.. extensiQn,.en our Construction Work Restriction . . Exemption for Waterside Shops at 5.45 Tamia'mi TraU North. I, Please 8mlaln in datal/the action YOU are askjna the Commission to take (attacb additional Daoe if necessary): -..Keene Construction is askin, the CommissiQu to issue a....... .Construction Work Restriction Exemption I!ood for the hours between 12:01 am and 6:30 am from Marcb 15 through May 15 for the Waterside Shons at 5145 Tamiami Trail North.' -_.----~,- _. -" u --- --- ~---_.._---_. - 1(:\PubIIo PoIItIon Roqueot Fonn.do<> .-....'.--"---.--- '--'--- ",.- --~._. lil2/lilS/2lile6 16:37 7744El1El (J COUNTY MGR DFER_ DE _ Agenda lRA68NoElSB . ( '. March 14, 2006 , . ..' .... ... . Page 3 of 5 . . COLLIER COUNTY MANAGER'S OFFICE 3301 Eut Tomiami Tl'IlI . NllJll... Floridll341 12 . 239-774-8383 . FAX 239-401 0 February 9. 2006 Mr. Roy Riddell Vico Prosident Keene Coostl1lction Company 1400 Hope Road Maitland, FL 32751 Subjoct: Constnlction Work Restriction Exemption For Waterside Shop. at 5415 Tamiami Trail N. On behalf of the County M~ and in consideration oflhe filets and in the interost of the public'. health. safety and welfare, T am approving your request to allow construction work at the above referenced sUe in addition to thc alJowable hout'!! ofMondny through Saturday from 6:30 am until 7:00 pm to include the hou1'5 frQO.'l12:01 am until 6:30 am 7 days pcrwoek. This excmptioncommences on Monday, February 13th at 12:01llll1 and expires at 7:00 pnl Tuesday, February 28,2006. This exemption i. limited to tho following types of construction at the areas speelfled: 1. Demolition ofo"isting floor til. and installation ornew tile throughout the promenade area., 2. Removal of debris from the interior work areas 3. CO/lslnlctlon of c8.l'loples and safct.y lunnel. 4. Erecting scaffolding. fonnwork and placement of concrete PJealle' be advised that, although your request has been gr&llted, you Ill'e still required to adhere to lbc noise regulations of the county and the constnlction activity cannot generate noise above the decibel level. specified in the County Noise Control Ordinance. If a violation of the code occurs, you will be required to take whatever steps necessary to reduco the construction noi.eto an allowable level. If not co~, this approval may be withdrawn. Should you detemllne a renewal for an additional period i~ necessary you must provide a written request prior to the expiration of this authorization. Sincerely, uJw.~~ Winona Walker Stone, Assimant to the County Manager c: Joseph Schmitt, Community Development & Environmental Services Administrator Sheriff Don Hunter Michelle Arnold, Code Enforcement Director ___,____ Peliea~_1,3.~YS.mri~es DMsion.Yial'acsimile -- .-.-.-- Pelican Bay Poundation via facsimile . Pelican Bay Properly Owners Association via facsimile _.--.~,,,-,_.." COl..NlY 10m CFER.. lJE PAGE a2 - a.2/24/2aa6 15:57 7744a1a Agenda item No. 68 0 March 14, 2006 l Page 4 of 5 . . - COLLIER COUNTY MANAGER'S OFFICE 3301 e:..t Tmr.ml TraIl. N"Pl.. Florida 34112 . 239-774-8383 . I'AX239-4010 Febt'llaty 24,2006 Mr. R.oy Riddell Vice Prcaidcnt Keene Consttuction Comp8Dy 1400 Hope Road Maitland. FL 32751 Subject: ConstrUction Worlc Restriction Exemption Extension for Waterside Shope at 5415 TamilllDl TraiIN. On behalf of the COmity Ma~ and in consideration of the facts and in the illlerest of the public's health, safety and welfare, I am approving yo1Ir request for an extcnaion to allow construction worlc at the above referenced site 10. addition to the allowable bours of Monday through Saturday from 6:30 am until 7:00 pm to include the hours from 12:01 am uDtJ16;30 I!IJl 7 days per weelc. This ""emption commences on Wedrie.'l(!ay, March 1st at 12:01 8l7\ and expires at 7:00 ptl1 Wednesday, Marcb IS, 2006. Thj~ exeDlptloD is limited to the foJ/owing types of COnllnJctloD at thc areas specifietl; I. Demolftion of existing floor tile and illStallation of new tile throughout the promenade areas 2. Removal of debris from the interior work _ 3. Con8l1'llctionof canopies and safety tunnels _ 4. Erecting scaffolding, fonnwork and placement of concrete Please be advi.~ed thill, although your Jelluest has been granted, yo1I are still required to adhere to the nolso regulations of the county and the construction activity cannot gmerato noise above the decibel I Jew!s specified In the CoIl11ty Noise Control Ordinance. If a violation of tile cOdo occurs, you will be required to ta1ce whatever steps necessary to reduce the construction nol~e to au allowable level. Tfnot cOlTeC!ed, this approval may be withdrawn. . Asprev!ously discussed with Renee Collins of your staff, if you detennine an additional elttension is needed the County Manager is requiring for you to fonnally petition the Board of County Commissioners. 1 have enclosed the procedure and form for petitioning the Board. Please note that IlUch a request addressed to the CountyManagCll'lIlust bereceivcd ata minimum of 13 days prlorto the Board meeting date on wbich your petition Is requested to be heard. The next regular Board meeting forwhich you could meettb.cse criteria is scheduled for March 14,2006. SwJ;i Winona Walker Stone, ASsistant to the Count)' Manager Enclosure: Procedure to Petition the Board of County Comtuissioncq __ ______n.... .,-------- ._.-,--~_. - - - _.__C, - .-JOlIep!i-SGhmitt,€ommunity-DeVll1oPmenfll"EiiYfronmeiitarseiViCe$ Administrator Sheriff Don Hunte\' Michelle Arnold, Code Enforcement Director Pelican Bay Services Division. Foundation.lItId Properly Owners Association via facsimile . n_ n_ ---.-. _._~_. No. 68 Agenda item 2006 March 14, f5 Page 5 0 , , . .~, , . '" , . . ~ - . '. _... . -. '.. ~:, " " .: ",', . .',. ."-", . "":, ",.. '. .' '.'. .~. ---:-:::-:;:-,. .' ..:". /.~. . ",' '., .-. . . . " . ." . .....--. .;.. . :~, . . , " ; I , I . . I ; . I I .: I . . ....1 ,. .. ~- ~ " ! r "._ .. -- J. . . .. lM"'QQI-, " . ., ''', , ,'. ..\ fl. , .' }. ., . .... ;,..""'"~.. .' -. . .,~:~." .,n.. / . . '-:~e _, ,", : : ; .... -~ -.-- ---!. ..... . ---, . -..... ~._.... ".' ','. --- .. . ---- ..... -. - J:. - '-'- -- .- -. -.... ,- ,- - --- - - -- ~~._.~-*..- Agenda Item No. 7 A March 14, 2006 Page 1 of 81 .'.-' EXECUTIVE SUMMARY ADA-2005-AR-8497, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee appealing an administrative decision specifically asking to overturn the granted administrative variance (A V A-2005-AR-7821) for property located at 316 Flamingo Avenue. OBJECTIVE: To have the Board of County Commissioners (BCC) consider a request for appeal of an administrative decision related to the staff approval of an administrative variance for a Pool Cage and pool. This appeal request was submitted from an affected property owner. CONSIDERATIONS: The applicants have filed an appeal to an administrative decision pursuant to the Collier County Code of Laws and Ordinances, Section 250-58. The applicants contend that the Zoning Department staff incorrectly approved an administrative variance after the property owner placed a cap on top of an existing seawall to elevate the seawall to a point where the measurement of the seawall per the Land Development Code would result in the requirement for a 10 foot rear yard rather than a 20 foot rear yard, thus allowing the property owner to qualify for an administrative -- variance under the provisions of the Land Development Code, specifically Section 9.04.04.A., thus legitimizing the location of the existing screen enclosure and pool. The subject property and property owner were denied two after-the-fact dimensional variance requests on June 22, 2004 by the Board of Zoning Adjustment and Appeals (BZA). The first was a variance request of 14 feet in the RSF-3 zoning district from the minimum required 20- foot rear yard setback to allow a pool and screen enclosure to remain at 6 feet from the point of measurement and the second, a 4 foot variance from the minimum required 25- foot rear yard setback for principal structures, to 21 feet for a portion of the existing house (V A-2001-AR- 1706; Resolution No. 2004-220A). At that time the applicant had an existing seawall and the pool deck was greater than four feet above the top of the seawall. Under these conditions, according to the Land Development Code, the rear yard setback for accessory structures is 20 feet. As to the principal structure, the encroachment qualified for an administrative variance at that time, but the applicant chose to include the request as part of the overall application process for the dimensional variance. After the denial of the variances, the property owner elevated the seawall by placing a "cap" on top of the existing seawall which resulted in an elevation of the seawall to the point at which the pool deck was then less than four feet above the seawall. The changed height of the seawall reduced the setback requirement from 20 feet to 10 feet for the accessory structure. As a result of these changed conditions, the encroachment was reduced to a point where the accessory structure qualified for an administrative variance in accordance with LDC Section 9.04.04.A. Specifically, the pool/cage continued to be in violation of the rear yard requirement per the LDC, ,- by 2.2 feet, but as a result of the elevation of the seawall, that degree of encroachment fell within the maximum allowable dimensional standard for approval of an administrative variance. An 1 .- . "__~"_"~".'_N_'''''__~_"~_",, Agenda Item No. 7 A March 14, 2006 Page 2 of 81 administrative variance was then applied for and subsequently approved by County staff for the pool cage/pool in a letter dated August 25, 2005. That approval is the subject of this appeal. In their request for appeal, the appellants allege the following (summarized) as a basis for their appeal. 1. Argument: Staff exceeded their authority in granting the two variances in vio lation of the formal findings of the BZA. Response: The administrative variance for which this appeal is sought was granted for the pooVpool cage which equates to one variance, not two. The appellants would not be eligible to apply for an appeal to an administrative decision for the approval of the administrative variance for the principal structure because there is a 30-day time limit for applying for an appeal of an administrative decision pursuant to the County Code of Laws and Ordinances and Land Development Code. That variance approval was rendered on January 20, 2005. The application that the BZA considered for the dimensional variances was submitted and evaluated by staff based on a specific set of site conditions which existed on the property at the time of application, as described in the attached staff report prepared for that hearing (See exhibit A and AI). After the denial of the dimensional variance, the property owner submitted an application for an administrative variance. The application that the staff considered for the administrative variance identified that the site conditions originally contemplated as part of the dimensional variance application had changed. Specifically, the pool deck no longer exceeded 4 feet in height from the top of the seawall as a result of the placement of a "cap" on the top of the seawall. The changed conditions resulted in a requirement for a lesser rear yard setback (10 feet rather than 20 feet) and allowed the applicant to meet the standards for approval of an administrative variance as defined by the LDC. An administrative variance does not require BZA approval and consists of a set of qualifying conditions which must be satisfied before administrative approval can be granted. If those conditions are met, the administrative variance must be approved. Staff has no authority to deny an application for an administrative variance unless the applicant fails to meet the conditions for approval as outlined by the LDC. There are no provisions in the LDC that prohibit the applicant from seeking an alternative remedy afforded by the LDC in order to meet the setback requirements (in this case), if denied a dimensional variance by the BZA. There are many circumstances in which the LDC provides more than one process to achieve a desired result. The applicant chose the administrative variance option and met the minimum qualifications for approval. In this case, the facts associated with the administrative variance application as it relates to the land and structures thereon, were different than the facts associated with the dimensional variance application that the BZA considered and denied on June 22, 2004. The applicant provided substantial and compelent evidence which indicated, along with meeting other application requiremcnts, that the site conditions at the time of evaluation of the application warranted approval of the administrative variance. For these reasons, staff believes it did not, as the appellants claim, exceed its scope of authority, and more specifically that it did act appropriately in approving the administrative variance. 2 Agenda Item No. 7 A March 14, 2006 Page 3 of 81 2. Argument: The rear setback required is 10 feet. Our measurements show 6'6" to the midpoint of the seawall. In order to qualify for an administrative variance, there can be no evidence that the encroachment is the result of error or action by the applicant. In sum, the dimensions on the ground do not meet the dimensions required by the LDC. Response: The argument appears illogical. The statement "the rear setback required is 10 feet" appears to be inconsistent with other statements made within the context of the appellants' argument. The appellants contend that the staff "allowed" the applicant to bypass code requirements and fall under criteria for administrative variances and claim this is "egregious and in violation of the LDC" but then admit that the setback requirement is I 0 feet, which in this case could only have been reduced from 20 feet to I 0 feet due to the placement of the cap on the seawall which indirectly reduced the elevation of the pool deck. The argument appears to allege that the structure does not qualify for an administrative variance because it does not meet the dimensional requirements to qualify. It appears as if the basis for this argument is predicated on personal measurements taken by the appellants. The dimensional requirements submitted with an application of this type are required to be provided by a registered and licensed professional land surveyor. Field measurements taken by anyone else other than a registered and licensed land surveyor cannot be considered by staff. In this case, the appellants have not submitted any specific data other than to refute that as submitted by the applicant. Regarding the measurement itself, the data submitted by the applicant shows a measurement taken from the outer (water) side of the cap as allowed by policy, to the screen enclosure. The measurement as shown on the survey submitted with the application, indicates that the distance between the point of measurement on the seawall and the pool cage is sufficient to qualify for an administrative variance. 3. Argument: Neither of the two conditions for an administrative variance have been met and the variances granted by staff in 2005 are in violation of the earlier fmdings of the BZA. Response: The appellants do not specify which two LDC conditions are not met and why, and do not point to any specific evidence to support their allegations. Professional staff analysis indicates that the evidence presented by the property owner as part of their administrative variance application met all of the requirements of the LDC for administrative variance approval, hence approval was granted (see attached staff report exhibit B). The staff report which was submitted to the BZA for consideration at the public hearing for the dimensional variance indicated that in addition to approval of a dimensional variance by the BZA, the LDC provided the applicant the option to pursue approval of an administrative variance by reducing the amount of the encroachment to a point at which the encroachment could be relieved through the approval of an administrative variance. The staff report indicated both in the staff analysis and recommendation and the property owner's representative testified at the public hearing that the encroachment could qualify for administrative variance approval if modifications were made to the seawall to reduce the setback requirement. No further discussion about ,.. or disagreement with those statements was put on the record at that hearing. 3 Agenda Item No. 7A March 14, 2006 Page 4 of 81 4. Argument: We registered a public records act request but not all records have been provided. Response: This argument is not relevant as a basis for granting the requested appeal and should not be considered by the BZA. If the appellants feel they did not receive the records they believe are necessary to bring their appeal forward, they may request that the BZA continue this appeal hearing. All documentation was available on October 4, 2005 and Ms. Susan Stiefel was notified by the County staff of their availability, but according to County Records staff, no one ever came to review the documents in the records room to note which documents from the file they wished to have copied. 5. Argument: Previous hearings before the BZA have found and staff conceded that the builder willfully manipulated the review process to hide the fact that the house had inadequate setbacks on both side stairs as well as rear setback violations. Response: This assertion is based on anecdotal evidence and is not relevant to the issue of whether or not the property owner met the requirements for approval of an administrative variance per the LDC. This assertion should not be considered as a legitimate basis upon which to overturn the administrative decision to approve the vanance. 6. Argument: The extension and elevation of the seawall cap violate the Land Development Code regulations which cover the method of seawall construction. Response: Ordinance No. 85-2 (see exhibit C) as part of the Collier County Code of Laws and Ordinances sets forth technical specifications for design considerations for seawalls and revetments to prevent structural failure and sets forth enforcement remedies and penalties for failure to comply with the provisions of this ordinance. Section 5 of the aforementioned ordinance states that these specifications detail minimum requirements and that individual seawall design is the responsibility of the landowner, based upon specific site conditions, type of shore stabilization structure desired, method of construction etc. These specifications are minimum requirements only and are not intended to be a final design relating to a specific site or any other affecting conditions. In this case, the design submitted was stamped and sealed by a registered professional engineering in the State of Florida. There are no LDC regulations which regulate the height, width or other aesthetic features of the seawall, nor does the LDC state how the actual measurement on a seawall is to be conducted in order to determine any dimension. 7. Argument: The cap cantilevers out at least one foot over the water and over submerged lands and the code specifically prohibits counting submerged lands for any setback measurements. 4 Agenda Item No. 7A March 14,2006 Page 5 of 81 Response: The appellants appear to be confusing the issue of point of measurement for the setback with the restriction in the Land Development Code for using submerged land for allocation of development densities. There is no restriction defined in the Land Development Code for an overhang of a seawall. An overhang may be provided as long as the overhang is within the defined property boundary. 8. Argument: The property is out of compliance because two external staircases encroach into the required setbacks. Response: The appellants have submitted an application to appeal an administrative decision as it relates to the approval of an administrative variance for a pool and pool cage. The applicant does not provide evidence or an argument as to how the staircases, which they allege are in violation, relate to whether or not this decision should be overturned by the Board of Zoning Adjustment. It's staff s opinion that this issue is not germane to this appeal. The existing violation for the encroachment of the stairs into the side yard requirements must be abated and/or rectified by the property owner, or staff will pursue adjudication through a Code Enforcement notice of vio lation. 9. Argument: No final Certificate of Occupancy may be issued for this property until the property complies with the findings and orders of the BZA and legal requirements of the LDC. '"'~ Response: This argument constitutes the personal opinion of the appellant and is not relevant to this appeal request. The justification for issuing the Temporary Certificate of Occupancy, which is the screen enclosure encroachment, has been cured through the approval of the administrative variance and as a result staff had no option but to issue the final Certificate of Occupancy (CO) for the primary structure. The applicant's basis for appeal appears to center around an argument that the staff exceeded its authority by granting approval of the administrative variance in light of the decision by the BZA to deny the property owner's request for a dimensional variance. In the staff report for the original dimensional variance request, presented to both the Planning Commission and the BZA, staff noted twice that the applicant had more than one option to remedy the encroachments. The first option was approval of a dimensional variance by the BZA and the second was the possibility of approval of an administrative variance by staff. In fact, the applicant clearly stated on the record at the June 22, 2004 hearing that they could pursue the administrative variance route but would prefer not to elevate the seawall for aesthetic reasons, hence were seeking approval of dimensional variances by the BZA. Those options were not refuted by staff, nor were they discussed by the BZA or staff, nor were any 0 bj ections to those statements or that option raised at the public hearing. In the staff report prepared as part of the analysis for the administrative variance, staff clearly stated that they felt that the property owner had taken advantage of the setback language in the LDC to raise the height of the seawall so that the height of the pool deck no longer exceeds 4 ... feet, thus the required setback becomes 10 feet rather than 20. It was staff s opinion that although this appeared to be an exploitation of a code technicality, there was nothing in the LDC 5 ..,-,,_. Agenda Item NO.7 A March 14, 2006 Page 6 of 81 to prohibit the capping of the seawall so that the encroachment was reduced to the point where an administrative variance could be applied for in accordance with LDC Section 9.04.04.A. In response to this code "loophole," staff initiated an LDC amendment which limits the height of seawalls (see attached copy exhibit D). Regardless of the manner in which the extent of the encroachment was reduced, there is no LDC provision that addresses development standards of seawalls or prohibits elevating them for purposes of achieving a reduced setback or for other reasons. Staff considered all relevant factors and believes that the applicant complied with all relevant legal requirements. The applicant provided competent and substantial evidence in the form of the required documentation and met the requirements of the LDC for the approval of an administrative variance; hence the administrative variance for the pool enclosure/pool was approved. It should be noted that it is not uncommon for an applicant for any type of permit to change the circumstances associated with the property and become eligible for either a different process to meet code requirements or simply to meet code requirements to achieve their objective. Provided the changes are legal, they are reviewed through the proper staff and legally approved processes, and the request meets code requirements, staff cannot abuse its discretionary authority by not approving something that they believe is legal and must do so in accordance with a rational connection between the facts found and the provisions of the then current code requirements. FISCAL IMPACT: Approval or denial of this appeal request will have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT (GMP): Approval of this variance will not affect or change the requirements of the Growth Management Plan; therefore there is no Growth Management Impact associated with this appeal request. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) does not hear appeals. LEGAL CONSIDERATIONS: This is an appeal from an administrative variance. The procedure in getting to the Board to hear this appeal is as follows: "Sec. 250-58. Appeal from decision of administrative official." (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. 6 Agenda Item No. 7 A March 14, 2006 Page 7 of 81 (b) Due public notice of the hearing on the appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed." Before hearing the merits of this appeal, the Board may be asked to fmd from a procedural standpoint whether the fo llowing requirements have been met: 1. Are petitioners to be considered an "aggrieved person" affected by the decision, determination or requirement made by the administrative official? If not, the Board may not hear this Appeal. It should be noted that although Section 250 does not define the term "aggrieved persons," LDC Section 1O.02.02.F.5, which concerns appeals to the Board of Zoning Appeals, defines an "aggrieved person" as "any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons." In making this determination, the Board may wish to adopt this definition for appeals of administrative variances, or may view this term as meaning something different. 2. Was this appeal properly commenced? In other words, was the appeal "taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof?" If the Board finds that the appeal was taken after the 30-day commencement, the Board may not hear the appeal, unless the Board finds that this phrase does not require that time is of the essence, and waives the 30-day period in the interest of justice. Factors to be considered in waiving the 30-day requirement would include that there is no prejudice to any party, and that no party relied on the passing of the 30-day period to their detriment. Should the Board decide to hear the merits of this appeal, the Board should be guided by the following: Powers and Duties of the Board of Zoning Appeals As set forth in the Collier County Code of Laws and Ordinances, in hearing this appeal, this Board has the following powers and duties: "Sec. 250-56. Same--Powers and duties. " (a) Boards of zoning appeals, or the governing body acting as a board of zoning appeals in the event it so elects, shall have the following powers and duties. (I) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this division. ""'" (2) To authorize, upon appeal from a decision of the administrative official, such variance 7 Agenda Item No. 7A March 14, 2006 Page 8 of 81 from the terms of the zoning ordinance as will not be contrary to the public interest where, owing to conditions peculiar to the property, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. Variances from the ordinance shall be authorized only for height, area and size of structure, or size of yards and open spaces; boards of zoning appeals shall not be authorized or empowered to issue variances to permit the establishment or expansion of a use in a zone or district in which such use is not permitted by the zoning ordinance. No variance shall be granted where the special conditions or circumstances peculiar to the property are the result of the action of the applicant for a variance, which action occurred subsequent to the adoption of the regulation which makes the variance necessary. No variance shall be granted because of the presence of nonconformities in the zone or district or adjoining zones or districts. Sec. 250-57. Exercise of powers. In exercising its powers, boards of zoning appeals or the governing body may, in conformity with the provisions of this division and the zoning ordinance, reverse or affirm, wholly or partly, or may modifY the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this division, and appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. RECOMMENDATION: Staff recommends that the BZA uphold the conclusion of staff that the approved administrative variance for the screen enclosure was legally issued within the criteria as defined in the LDC. PREPARED BY: Susan Murray, AICP, Director Department of Zoning & Land Development Review 8 ,:"genda It8m NO 7 A March 14.2G06 Page9cf81 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lI.mNumb.r: " - Hils i'em to b" ~le~ld lit 2:00 p.m, ADA-200&.-AR-fJ49?, nO<l Vand&rl:iill Beech Pr(>r,&rt~ Item Summary; Owner~ A\<s<,)("atlOn. Vand..rl"lt Beach an(j Bay Association and Vandtlrbilt Beach Z:oning C"<nmitt"',, ~;lp~J<ling 'lnd 'ldministr;;tive dtldsi,,,, $;Jedfically i1s~;ng to overtum the g,anted 8(tminislrllti"ll vanance iAVA-2005-AR_7f:\21) for ~",'perty 10cllte(1 Ht 315 FlarningG Avenue. {App"I1"nt'~ H"min\l Exhibits ",re on disl'l'lY inlhe County M}.ma\lll"~ Office, 2nd FloOr, BuildlPlg F,ColliarCounty(>ovflrnmentCenl",r) MeeUngOlte: 3114i2(JOS(lOOOOAM Approved By SuaanMurray.AICf' Zoni"g&L""dO"vl>I<lI"".,ntOi",cto' O,ffi CommunltyOl>v"lopm'mt& Zoning & La"c OevelopmentR..vl.... 2i2B/200511'47AM Envi'<lnmenlaIServicn Approved By ConSI""(:8 A. J(li"'~r.>n OpemUQnsArwtysl Date Comrn,,,,ltyO"~"'(lprnenl& Cornnoo!\ityO"velop",,,nt& 3i112006!U8AM Env;ronmentaISe,vic... E"vi'onmenlal $erv;""s Admin. Approved By SancrllLea E""cutiveSecretary Oat.. CommunlfyO"velopmenl& Community O"v..lopment & 3!1110n612;47PM E'wi,onmentaISe'vlcu Env;ronml>ntalServlcuAdrnln Approved By Joo."pt> K. Schmitt communllyD""";of',,',,nt& Date Erlvi'onrnenlaISorvlcl>sA<lminslmtor C"'''''"",ilyOlwclop,nenlII. c",nmu"llyO.."..loumenta 3i2120069,53AM EnV;rOrlmMlals..,vic". En"i'"nm"rltal Serv;cH Admin Approved By JeffKlalzwow Assisl"nICCOPllyA\lO"'''y Oat.. CoU"tyAUo"wy Coonly AUo,""y Offlc.. 11V2006448f'M Approved By OMBCo"'donalo, Adminlsl'al;veA~sisIM,t Dille - :J'Y20061,32f'M C"o",tyManager'sOffice Office <lfMaMgemenl & Budg..1 Approved By MMk IsacWso" 8udgelAnalyst nat~ COllrltyM"!\.gN'SOlfic~ Office"'M;'I""gem~nl&B,,<I!lCl 3.'312111163:39PM Approved B}' JamesV_Ml<<l<J CounlyMannga' Ollie 6oa"iofC""nty C()m"\is~i""el's COllfltyM.nage,'sOllica J!G1200G1:5BPM - ----'_._-~_.. --"-'"..,~_._, -----'-"-" "....._,,_. ___.>0_"_ --_.- Agenda Item No. 7A March 14, 2006 . Page 10 of 81 COLLIER COUNlY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive' Naples, Florida 34104 DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 25 August 2005 Mr. Tim Hancock Talon Management, Inc. 3898 Tamiami Trail North, #202 Naples, FL 34103 RE: Administrative Variance, A V A-2005-AR-7821; subject property located at 316 Flamingo Avenue, Folio # 27636440004 Dear Mr. Hancock: Requests for variances for a structure for which a final development order has been granted may be approved administratively by the County Manager or his designee. The survey of the subject property provided to the Department of Zoning and Land Development Review in the application packet clearly indicates that the existing rear yard setback for pool screen enclosures on waterfront lots is 7.8 feet, which is 2.2 feet less than the lO feet required by the Collier Couty Land Development Code. Zoning Department staff has reviewed the administrative variance request for the structure and has found that the encroachment meets the criteria for granting the administrative variance as outlined in Section 9.04.04.A of the Collier County Land Development Code. Further, the granting of this variance will not significantly affect the air and light considerations of adjacent property owners. c:: 0 ,~ e T c:: 0 M " , y Phone (239) 403-2400 Fax (239) 643-6968 or (239) 213-2913 www.coIliergov.net .--.-" Agenda Item No. 7A March 14, 2006 .- Page 11 of 81 . You may wish to have this letter recorded in the official records of Collier County as a permanent record of the variance approval. If you should have any questions, please do not hesitate to contact me. Sincerely, ~~ Department of Zoning and Land Development Review State of Florida County of Collier The foregoing agreement sheet was acknowledged before me this ~ f::J..day of -- ~2005 by who is p sonally known to me or who ~ pwetteeol _ ." as [d_ titir.?tiOll. and who eIid-( did not) take an oath. . - .. ~I<-. YV)~~ (Signature of Notary Public) Iv( G.- Y' f- \ ~~ SEAL C, .e. <.-: j,' i7'- }<:'. NOTARY PUBLIC Commission # My Commission Expires: TEKJrg tD CECiUAl<. MARON 101'I COMMISSION' DO 174339 ~:. i~ EXPIRES:~~...... cc: Correspondence file {~.. _1lW...... -- '_....~_....._."- "~-" ,--- - --~~._. "'"-'"- Agenda Item No. 7 A March 14, 2006 Page 12 of 81 Co~r County ~~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 20, 2004 SUBJECT: PETITION V A-2001 -AR-I 706 (DOWDY VARIANCE) PROPERTY OWNER/AGENT: OWNER: Mark & Shirley Dowdy AGENT: Tim Hancock, AICP 49564 Nautical Drive Talon Management, Inc. New Baltimore, MI 48047-2334 3898 Tamiami Trail North, Suite 202 Naples, FL 34103 REOUESTED ACTION: The applicant requests an after-the-fact variance of 14 feet in the Residential Single-Family (RSF-3) zoning district from the minimum required 20-foot rear yard setback for accessory structures, to 6 feet, to allow a pool and screen enclosure to remain; and an after-the-fact variance of 4 feet from the minimum required 25-foot rear yard setback for principal structures, to 2 I feet, to allow a portion of a newly constructed house to remain. GEOGRAPHIC LOCATION: The subject parcel is located at 316 Flamingo Avenue, further described as Unit 3, Block U, Lot 12 of Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East, Collier County, Florida. VA-2001-AR-1706 May 20, 2004] Page 1 of 10 . .'~,""_'.<c""''''^;__'.~'',",,,,,,,,,,",_~_,, Agenda Item No. 7A March 14, 2006 Page 13 of 81 l. II i -- I a.. I r;) < ::! I i w . I- - , en S !I - 3WIlIIIL.IJIoI I ""I::- , , I: I z " C " " ... a.. < ::! I z 0 ..,.,.. {U. Ii. - t- < . () . 0 ...J - VA-2001-AR-1706 May 20, 2004J Page 2 of 10 ------_.."'--_.._~^. --"-..' --. ~,-- -~----- Agenda Item No. 7 A March 14, 2006 Page 14 Dt 81 a.er.te p- :::E .. FND PK b' on --- - -EOP --00 ~a..-- c:io ;r'O nn 00 CATC-i BASIN 'l!'d' ci ci '. nn " , OHPL VO\.lP&A OHPL ~. ~ ~ FIRC I FlRC 5/1,- LB396 CWF2453 PAVERES b DRllt'EWAY " ffi ~ . ~ ~ '::< .~ w ~ IS ~~ z " oc Q '. '" .D- b g o . ~ ~ - ~ LOT' 3 '" " LOT 11 OCCVIED '0 OCCUPIED ... - .. Co 0 z fOUN[ FHD PK DRILL HOLE IN CONCRETE ?tAwAlL IN COI~CRETE 3,56' 0/5 4' 0/, 80.03'M 5 59'45'20" W 50.00'P [LD CN>lI..:, "'''' i NORTH , I VA-2001-AR-1706 May 20, 2004] Page 3 of 10 Agenda Item No. 7A March 14, 2006 Page 15 of 81 ~. -~-~_._._------ ,_......,_...~_.._..... "",'. CANAL 5e9,<45.ZOW 110 .-.-" ..--..- --._-_..-. ---- {c,;1 '~l,VlI~l}_ ...). -t:.-_. --- ..-.-- I:, 10;0 1\J,tI -] I1'(KlLl"'O,~!"~''''' Ii E"II,:. _ I ~'I<.""""'^L ',.11,~' ----------- L ------...-- - ---..--.-- __hn...___ ____u_____ . ff: f: 6'" ~I 11- g= ~. . -- , I~ ~ TWO 51 DRY eBB &. WOOD F-RAMf RE51DENCE (2) ,-----, I I I 1 I .c".,'.,.,.",,^ ~,'.,'".' ',:" ...."'...n ",-,,.,,,, ".....".,T~~l ":f' .. '" :,"-,.~.^ '''"w.O'le..', .. VA-2001-AR-1706 May 20. 2004) Page 4 of 10 "'--..--------.....--. -- -.---- ~"-"._. Agenda Item No. 7 A March 14, 2006 Page 16 ot 81 PURPOSEIDESCRlPTION OF PROJECT: This variance request was submitted on November 7, 2001. The request was for a 4- foot encroachment into the 10- foot rear yard setback for accessory structures. The Land Development Code (LDC), in Division 6.3, Yard, waterfront, defines this yard as "the required open space extending along the entire waterfront property with depth measured from property line, bulkhead, shoreline, seawall, mean high water mark, access easement, whichever is the most restrictive." The building permit application was approved with the 10- foot rear yard measured from the rear lot line, which is waterward of Ihe seawall. The error was detected prior to approval of the final survey and the matter was referred to the Planning Services Department (now the Department of Zoning and Land Development Review) for a variance. Upon conducting a site visit, the planner discovered additional encroachments. Stairways on the east and west sides of the house encroached more than the 3 feet permitted by Section 2.6.4 of the LDC. The pool deck exceeded 4 feet in height above the seawall, which, according to Section 2.6.2.2 superscript 3 of the LDC, requires a waterfront setback of 20 feet for a pool and screen enclosure. Therefore, the rear yard encroachment is 14 feet, not 4 feet as stated in the application. A bathroom, which projects 6 feet from the rear of the rest of the house, is 21 feet from the edge of the seawall. The required rear yard is 25 feet; therefore it encroaches 4 feet into the rear yard. Upon being informed of the additional encroachments, the petitiOner stated that numerous similar encroachments exist in the Vanderbilt Beach area. The Community Development and Environmental Services Administrator agreed to allow the petition to be put "on hold" while a survey of the area was conducted. This resulted in a significant delay from the time of application until scheduled public hearings. Approximately SIX homes with similar circumstances were discovered. The Building Review and Permitting Director issued a "Temporary Certificate of Occupancy" pending the outcome of this variance petition. Section 2.6.4.2, Minor after-the-fact encroachments, of the LDC authorizes the Planning Services Director (now the Director of the Department of Zoning and Land Development Review) to approve encroachments of up to 25 percent of the required yard for structures for which a building permit has been issued and construction is under way, but for which a Certificate of Occupancy has nol been granted, where the encroachment does not result from error or action on the part of the applicant. The variance request for the principal structure is 4 feet. Twenty-five percent of the required rear yard (25 feet) is 6.25 feet, therefore the variance for the principal structure qualifies for an Administrative Variance. According to Section 2.6.4.2 of the LDC, the requested 14-foot variance from the required 20- VA-2001-AR-1706 May 20, 2004] Page 5 of 10 --,........-,'"~"'"'"--^ ~."...".-" - -, ,._~-"-' Agenda Item No. 7A March 14, 2006 Page 170181 - foot rear yard for the accessory structures exceeds the 25 percent maximum (5 feet). The petitioner states that the encroaching stairs shall be modified to meet Code. Because the encroachment for the accessory structures requires a variance, Staff has included a variance for the principal structure, which would ordinarily be remedied by an Administrative Variance. The variance petition, therefore, seeks relief from the rear yard encroachment of the house (4 feet) and of the pool and screen enclosure (14 feet). SURROUNDING LAND USE & ZONING: SUBJECT: Single-family house with a temporary CO, zoned RSF-3 SURROUNDING: North: Flamingo Avenue ROW, across which is a vacant lot; zoned RSF-3 East: Single-family house, zoned RSF-3 South: Canal West: Single-family house, zoned RSF-3 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use District, Urban Residential Subdistrict - designation of the Future Land Use Map of the GMP. The GMP does not address individual variance requests; but focuses on the larger issue of the actual land use. The subject petition seeks a variance from the dimensional standards for a single family house, therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 2.7.5.6 as follows: 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The accessory structures are subject to an additional 10 feet of setback because the pool deck is over 4 feet higher than the seawall. ,- The petitioner states that he could build up the seawall so that the pool deck is not more than 4 feet higher than the seawall, thereby reducing the accessory setback from a requirement of 20 feet to a requirement of 10 feet. The only limit to seawall height is the VA-2001.AR-1706 May 20, 2004J Page 6 of 10 ----_.'~ -_._-"." _d " .'-_..-. Agenda Item No. 7 A March 14, 2006 Page 18 of 81 maximum height of 4 feet for fences and walls. The petitioner states that this would be unsightly and would still require a (smaller) variance. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The requirement for a 20- foot rear yard for accessory structures was in effect at the time of issuance of the building permit. However, the building permit was approved with a 10-foot setback and with that setback being measured from the property line & not the seawall. 3. Will a literal interpretation of the provisions ofthis zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. A literal interpretation of the Code will create practical difficulties for the applicant. The building permit was submitted by the applicant and approved by the Building Review and Permitting Department with incorrect setbacks. The error was not noticed until the final survey. The house was constructed with the incorrect setbacks. It would create practical difficulties for the applicant to remove portions of the house and pool and reconstruct it. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The RSF-3 zoning district permits single-family homes with a mInimum square footage of 1,000 square feet. The subject house is larger than the minimum required floor area, and therefore, a reasonable use of the land would be possible without this variance. However, the variance is the minimum variance to allow a reasonable use of Ihis structure (as it is shown on the site plan) to become a conforming structure. Approval of the variance should not have a negative impact on the standards of health, safety and welfare. 5. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of the variance would allow a house with a smaller rear yard than other houses in the RSF-3 district to remain. 6. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? VA-2001.AR-1706 May 20,2004] Page 7 of 10 _"",~_~.~~,~.~..,"_~_ "_c.",,.,''. Agenda Item No. 7 A March 14, 2006 Page 190181 ..u_ No. The Land Development Code provides for specific required yards, therefore this variance will not be in hannony with the LDC. Normally, Staff would not consider a rear yard encroachment adjacent to a canal as being injurious to the neighborhood. However, in this case, the LDC requires a greater setback so that the additional height above the seawall does not block neighbors' views. In this particular case, both immediately adjacent properties have hedges that disrupt the same view of the canal that the encroachment does. Additionally, comments were received from a neighbor stating that the encroachment would be injurious to the neighbors across the canal and to the boating public (as well as not conforming to the Code which, in general, is injurious). 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The encroachment is into the rear yard, adjacent to a canal. The encroachment is ameliorated by tall hedges on the adjacent east and west property lines, which disrupt the same view of the canal that the encroachment does In staffs opinion, the canal is an ameliorating factor for the residents on the opposite side - of the canal and adequately addresses compatibility. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. STAFF RECOMMENDATION: Traditionally, if a variance is not approved, the encroaching structure or portion of the structure must be removed. In this case, the petitioner has the ability to apply for an Administrative Variance to remedy the encroachment of the principal structure. Staff originally analyzed this petition in 2002. Since that time, a change was made to the variance criteria, which allowed consideration of "practical difficulties". An amendment to the LDC was also approved which permitted encroachments of up to 25 percent of the required yard ,- to be approved if the encroachment is not due to error or action on the part of the applicant. In the case of the pool and screen enclosure, the petitioner may increase the height of the seawall so that the pool deck is less than 4 feet higher than the seawall. That would result in a required VA-2001-AR-1706 May 20, 2004J Page 8 of 10 .-_.~..- - " .~-'~ ~-_._- . --...---.- Agenda Item No, 7 A March 14, 2006 Page 20 of 81 rear yard often feet, instead of 20 feet. The petitioner's rendering indicates that the pool itself is ten feet from the seawall, therefore only the screen enclosure would encroach. The screen enclosure could then be moved or a variance for the 4-foot encroachment could be sought. However, the petitioner believes that increasing the height of the seawall (creating a view of a blank wall) would be more injurious to the neighborhood than the granting of the variance for the subject encroachment. Although the building permit was submilled by the Builder with incorrect setbacks, it was approved by the Building Review and Permitting Department with incorrect setbacks. The encroachments are not directly adjacent to another residence, but border a canal. In addition, it appears that the petitioner will encounter practical difficulties if the variance is not granted. Therefore, Staff recommends that the Collier County Planning Commission forward a recommendation of approval of Petition V A-200 I-AR-1706 to the Board of Zoning Appeals, subject to the fo llowing condition: I. The variance is limited to the rear yard encroachments depicted on Exhibit A. Any other encroachment requires a separate variance. VA-2001-AR-1706 May 20, 2004] Page 9 of 10 Agenda Item No. 7 A March 14, 2006 Page 21 of 81 .. m.". ___..___ . PREPARED BY: /) ~/ ././) 5"5.0'/ < y C<C~, ~.,f::.(;- - ~ "~~__m FHEQ ,ISCHL AlCP, fRINClPAL PLANNER DATE DEPARTMENT OF ZONNG AND LAND DEVELOPMENT REVIFW RI:VIEWED BY: t7~calfi"lliNN'tR . if:;f-ocf -------. DEPAR ENT OF ZON NO AND LAND DEVELOPMENT REVIEW '~~d~~__l:t}:)<:-g",'L/U."'f -.s-L:-pJ_____ 51,SAN MURRA Y, A1CI', DIRECTOR DATE DEPARTMENT OF ZON'NG AND LAND DEVELOPMENT REVIEW APPROVED BV: V-- . - . : " /",,-- /~/--'" ,/<;:"" ".----.---.:;',;;{,I: ....".r ibsEPH K. SCHMITT. A )MINISTRA TOR DATE' ,COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERViCES DlVISICJr< COLLIER COliNTY PL"NNING COMMISSION: , __It 1Ci..~l (\~tc....J .(;:.. ? 0 0'1 fH.SSliL-b-,',,-!l1.i&D. CW.\lRMA):,I DATE l1t1JtK,!J16I,,., 1/'(1.. ,CWvk Tentatively scheduled for tle June 22,2004 Board of Zoning Appeals Meeting . 1 Pagp.10of 10 I VA-::001-AR-1706 May 20, 2004J - VA-2001-AR.1706 May 20. 2004] Page 10 of 10 -_.__._~._. .....--.- m'__~"_.,_ ..._-"--...---_._.--_.--~-_...- .---.---.-.-- Agenda item No. 7A March 14, 2006 Page 22 of 81 EXECUTIVE SUMMARY Petition V A-200 I-AR-1706, Mark and Shirley Dowdy represented by Timothy Hancock, AICP, of Talon Management, Inc., requesting a 14-foot after-the-fact variance from the required 20- foot rear yard setback to 6 feet for accessory structures and a 4-foot after-the-fact variance from the required 25- foot rear yard setback for principal structures to 21 feet, for property located at 316 Flamingo Avenue, further described as Lot 12, Block U, Conners Vanderbilt Beach Estates Unit 3, Section 29, Township 48 South, Range 25 East. OBJECTIVE: The petitioner requests after-the-fact variances for a single-family house located at 316 Flamingo Avenue. CONSIDERA nONS: The applicant requests an after-the-fact variance of 14 feet in the Residential Single-Family (RSF-3) zoning district from the minimum required 20-foot rear yard setback for accessory structures, to 6 feet, to allow a pool and screen enclosure to remain; and an after-the-fact variance of 4 feet from the minimum required 25- foot rear yard setback for principal structures, to 21 feet, to allow a portion of a newly constructed house to remain. The encroachments resulted from incomplete infonnation submitted on the Building Permit application and accepted and approved by the County. In addition, the Spot Survey, which is designed to catch encroachments when construction is at the concrete slab stage, was approved in error, resulting in a finished house at the time the encroachments were finally discovered. The south (rear) property line of the subject lot is in the canal. Therefore, according to the Land Development Code (LDC), rear yard setbacks are measured from the seawall. The pool deck of the house is more than 4 feet above the top of the seawall. Therefore, according to the LDC, the rear yard setback for accessory structures is 20 feet, not 10 feet. The Building Pennit application for the subject house was submitted with the rear setbacks measured from the property line in the water (incorrect), not the seawall (correct). Also, the setback for the pool and screen enclosure shown on the Building Permit application is ] 0 feet (incorrect), not 20 feet (correct). The following chronology indicates the major points from submittal of the Building Permit to processing this Variance petition: 11/14/00 The Building Permit application for the house and pool deck is submitted to the County with the rear yard setback indicated as 25 feet for the house and 10 feet Executive Summary Page 1 of5 .,-,- ._~""',~~"-,,_.'. '~"'.' .~. Agenda Item No, 7A March 14, 2006 Page 23 of 81 -, for the screen enclosure (both incorrectly measured from the property line in the water, not the seawall). 11/27/00 The Building Permit is approved by the County with the rear yard setback indicated as 25 feet for the house and 10 feet for the screen enclosure. 1/3/01 The Building Permit is issued by the County. 2/15/01 First inspection. Approved. 3/28/0 I The Spot Survey is submitted to the County and is denied, because the survey indicates a 25-foot setback (for the house) and a 10 foot setback (for the screen) 10 the property line in Ihe water, but no dimension is indicated to the seawall. 3/28/01 The Spot Survey is resubmitted to the County (to a different Permitting Tech) with the survey indicating the dimension to the seawall (6.6 feet), however, the approved (circled) dimensions were the 25 feet (house) and 10 feet (screen). The Spot Survey is approved; therefore, construction is permitted to continue I '~ I I I VI ,.4:Iot ..... '/N'':' - PK 7-5 0/5 i .'? I I ~ 8/1/01 An Express Building Permit application for a screen enclosure is submitted which indicates a setback of ] 0 feet from Ihe seawall. (But the required setback is 20 feet, as required by the height of the pool deck.) 8/1/0] An Express Building Permit application for a screen enclosure is approved and issued by the County indicating a setback of 10 feet from Ihe seawall. 9/14/01 The Spot/Final Survey for the screen is submitted, indicating 6.6 feet to the seawall and 10 feet to the property line. 9/14/01 The Spot/Final Survey for the screen is denied by the County because it did not meet the required rear yard setback. 10/4/0] Final inspection for the house. 11/7/01 A Variance application for the apparent 4- foot encroachment of the screen ,- enclosure is submitted to the County. Executive Summary Page 2 of 5 ."._-".~ --... ~.._------_. Agenda Item No.7 A March 14, 2006 Page 24 of 81 11/9/01 The Building Review & Permitting Department Director authorizes issuance of Temporary Certificate of Occupancy (at this time it is believed the encroachment is only for the screen). 2/02 The Variance petition was tentatively scheduled for the March 7, 2002 CCPC meeting, however, upon a site visit, County staff observed encroachments of stairs into both the east and west side yards; and that the pool deck exceeded 4 ft in height above the seawall (requiring a 20-foot setback). In addition, because of the incorrect measurement from the seawall, a portion of the house (pool bath) was found to encroach by 4 feet into the rear yard setback. The petitioner subsequently met with the planner and the Community Development and Environmental Services Administrator. He had photos of other waterfront houses in the area, which, he stated, did not meet rear yard setbacks. The Administrator directed Code Enforcement to investigate the allegation. The investigation revealed 5 other structures with the possibility of similar encroachments. As of this writing, 3 other variance petitions have been submitted to the Department of Zoning and Land Development Review for variances similar to the subject petition. The petitioner states that the side yard encroachments of the stairs will be corrected. Therefore the petitioner requests a variance for only the two rear yard encroachments. It should be noted that these events occurred in 2001 and 2002. Since that time, the Community Development and Environmental Services Administrator has instituted procedures to make this situation more difficult to occur. Spot surveys are no longer approved "over-the-counter"; they are reviewed by a Planning Technician. Spot Surveys for waterfront lots are now required to submit an elevation indicating height above the seawall, in order to determine if the setback is required to be 10 feet or 20 feet. FISCAL IMP ACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMP ACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan; therefore there is no Growth Management Impact associated with this petition. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. Executive Summary Page 3 of 5 Agenda item No. 7 A March 14, 2006 Page 25 of 81 ENVIRONMENTAL ADVISORY COUNCIL iliAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the May 20, 2004 Planning Commission meeting. After presentations by the petitioner, County Staff, and 4 citizens, the CCPC asked questions and discussed the petition. The discussion centered around the chronology of the application process for the Building Permit, the erroneous and incomplete information submitted by the applicant, the culpability of the County Staff in accepting and approving an application with incomplete information, and in approving a Spot Survey with incorrect setbacks. The petitioner presented letters of no objection from the neighbors to the east and west; however, a speaker presented an e-mail objection from the neighbor to the west (the property was sold in February 2004 and the previous owner had no objection but the new owner objected). Commissioner Adelstein made a motion to recommend denial, because the information presented to the County on the Building Permit was incomplete and incorrect and that the house is too big for the lot using the correct setbacks. Commissioner Richardson seconded the motion. The CCPC voted to forward petition V A-200l-AR-1706 to the Board of Zoning Appeals with a recommendation of denial by a vote of 9 to O. -- STAFF RECOMMENDATION: The primary intent of a variance is to alleviate a hardship inherent in a piece of land. In this case, the applicant's hardship is not a land related hardship but rather a financial one as well as a practical one. Staff recognizes that the financial hardship rather than the hardship associated with the land does not historically warrant staff's recommendation for approval. However, it is important to recognize that each variance application and consideration given by staff is given in relationship to all of the required evaluative criteria as defined by the Land Development Code and their relationship to all of the other factors associated with a petition and the subject property. All properties in Collier County have their own unique set of circumstances and development issues as they relate to the regulatory criteria staff applies, and staff has evaluated the set of circumstances associated with the subject property in relationship to the required criteria. In this case, there are mitigating circwnstances associated with this request. Staff has weighed the issues associated with the project and recognizes the following. The building permit was submitted by the Builder with incomplete and incorrect information, which resulted in incorrect setbacks, however, the Building Review and Permitting Department approved it with those incorrect setbacks. The encroachments are not directly adjacent to another residence, but border a canal, which mitigates their impact. The encroachments are blocked from view by the neighbors to the east and west by a mature hedge, which mitigates their impact. Adjacent properties, while built at lower elevations, nevertheless have similar structures that enjoy setbacks to the same or similar degree, thus mitigating the impact of the subject property's encroachments. Additionally, the literal interpretation of the setback requirement will create a _, practical difficulty for the applicant in that without the use of a variance, it is likely a portion of the pool and enclosure, and a portion of the primary structure will have to be physically removed Executive Summary Page 4 of 5 ----.--."- --.'" _.~.- -'--~----_. -,,- Agenda Item No.7 A March 14, 2006 Page 26 of 81 -, in order to meet the setback requirements. Finally, the granting of the requested variance in staff's opinion will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. For these reasons, Staff recommended that the Collier County Planning Commission forward Petition V A-2001-AR-1706 to the Board of Zoning Appeals with a recommendation of approval and recommends the same for the Board of County Commissioners. - ''--'" Executive Summary Page 5 of 5 <.__.~- __'__'.h_' ~"M'_"__'''_'_,_,___~_,<^",.,_,.~_ ~-.- ~- Agenda Item No. 7 A March 14, 2006 Page 27 of 81 .~ STAFF REPORT TO: Susan Murray, AICP, Director Department of Zoning and Land Development Review THRU: Bill Hammond, Director Building Review & Permitting Department FROM: Ross Gochenaur Senior Planner DATE: 25 August 2005 RE: PETITION A V A 2005-AR-7821; ADMINISTRATIVE V ARlANCE REQUEST, STRUCTURES FOR WHICH A BUILDING PERMIT HAS BEEN ISSUED AND IS UNDER REVIEW APPLICANT: OWNER(S): Mark A. and Shirley A. Dowdy 49564 Nautical Drive - New Baltimore, MI 48047 AGENT: Tim Hancock, AICP, CAM Talon Management, Inc. 3898 Tamiami Trail North, #202 Naples, FL 34103 GEOGRAPHIC LOCATION: The subject property is located at 316 Flamingo Avenue, legally described as Section 29, Township 48 South, Range 25 East aka Conner's Vanderbilt Beach Estates Unit 3, Block U,Lot 12 REQUESTED ACTION: The applicant is requesting an Administrative Variance of 2.2 feet from the I O-foot rear yard setback for a swimming pool/screen enclosure (waterfront lot) as required by the Collier County Land Development Code (LDC) on the subject property. - LDC Section 9.04.04.A states that the County Manager or his designee may approve Administrative Variances for structures for which a building permit has been issued and -.------.--."-"'.-.- ---,.--. - --,~ ~--'^- ~--,.,~...- --,..-------.---....-"- Agenda Item No. 7 A March 14, 2006 Page 28 of 81 is under review, but for which a certificate of occupancy has not been granted, under the following circumstances: For single-family, mobile/modular homes, duplex, and /wo- family dwelling units only, in the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the applicant, the County Manager or his designee may administratively approve encroachments of up to 25 percent of the required yard. PURPOSE/DESCRlPTION OF PROJECT: The petitioner wishes to complete construction of a swimming pool screen enclosure on the subject property in accordance with Building Permit 200 I 080082. A spot survey dated 20 August 2005 shows that the enclosure encroaches 2.2 feet into the 10-foot rear yard setback for pool screen enclosures on waterfront lots as measured from the cap of the seawall. The pool screen enclosure was originally built on a deck exceeding 4 feet in height as measured from the cap of the seawall. The LDC states that the rear yard setback for pool screen enclosures on waterfront lots is 20 feet where the pool deck exceeds 4 feet in height "as measured from the top of the seawall or top of bank." The property owner has taken advantage of this language to raise the height of the seawall so that the height of the pool deck no longer exceeds 4 feet as measured from the cap of the reconstructed seawall and the required setback therefore becomes I 0 feet rather than 20. In exploiting this technicality, the encroachment was reduced to the point where an Administrative Variance could be applied for in accordance with LDC Section 9.04.04.A. Regardless of the manner in which the extent of the encroachment was reduced, staff is constrained to accept that this was done legally and that the requested Administrative Variance must be evaluated according to the LDC criteria. MITIGATING CIRCUMSTANCES: The building permit for the screen enclosure was originally submitted by the contractor and approved by Building Department staff without taking into consideration the fact that the pool deck exceeded 4 feet in height and therefore required a 20-foot rather than 10- foot setback. County staff therefore contributed to the error allowing the pool screen enclosure to be constructed in its present location. The property owner whose agent is applying for the Administrative Variance was not responsible for the contractor's, or the County's, error. Staff is therefore constrained to acknowledge that mitigating circumstances warranting approval of the Administrative Variance exist. SURROUNDING LAND USE AND ZONING: Existing: Single-family residence, zoned RSF-3 -,""""-,....~._.~---~.~~..-~.-.*".. Agenda Item No. 7 A March 14, 2006 Page 29 of 81 ,-... Surrounding: North: Flamingo Avenue right-of-way South: Canal East: Single-family residence, zoned RSF-3 West: Single-family residence, zoned RSF-3 FINDINGS: Upon review of the Administrative Variance file, it is staff's opinion that the proposed 2.2-foot encroachment meets the criteria established by the Land Development Code. It is also staff's determination that the granting of this Administrative Variance will not be injurious to the neighborhood or detrimental to public welfare. STAFF RECOMMENDA nON: Staff recommends that the Zoning Director grant an Administrative Variance for the 2.2- foot encroachment as noted in the attached boundary survey, which is affixed hereto and made a part of this staff report. PREPARED BY: - Ross Gochenaur, Senior Planner Date Department of Zoning & Land Development Review REVIEWED BY: Bill Hammond, Director Date Building Review & Permitting Department Concur - Do not concur APPROVED BY: Susan Murray, AICP, Director Date Department of Zoning & Land Development Review June 2004 ,,--.. ..~_.,_. .~-,..,,-~, ---'-._~- -- q - 11m - , ORDINANCE NO. 15--L-- AN ORDINANCE RELATING TO THE CONSTRUCTION. RECON- eI STRUCT~, REPAIR. ALTERATION, PROJECTION AND V"'" PR=ATION OF SlAllA101o1 AIlD RZVETMEIlTS IN THS O~ .., UN .PORATED AREAS OF CO!.!.IEn COUNTY, PROVIDING DECIxrtIONI, PROVIDING THAT A FAlloED IEAWAloIo OR '" l= ~!lIT II UNLAWFUL AND A rUBIoIC. NUIBANCE, ~ ., PRQVIDING FOR ENFORCEMENT JURISDICTION BY AMEND- u, "., -- INO ,acTION THREE, SUBSECTION 2 OF ORDINANCE NO. 00' ... 83::4~;;TO PROYIDS 'l"IIA'I' 'I'IIE CODS ENFORC_ BOARD <~ . : oP:cCOI.LnR COUNTY SHAIoL HAW JURISDICTION TO NEAR '" AND DSCIDS ALLEGED VIOLATIONS OF THIS ORDINANCE, ,., PROVII1ING FOR O'I'IIIR INFOnc_T REMZIlnS AND PINAL- . . 'I'ISS, PROVIDING TECHNICAL SPECIFICATIONI FOR SEA- WALIoS AHO REV~MENTS, PROVIDING FOR CONFIoICT AND SEVERABIIoI'l'Y, PROVIDING AN EFFECTIVE DATE, WHEREAS, there ora trlAny areal in tho County which are . adjacent to natural or MAn-made bodi.. ot waterr and WHEREAS, many ot th... Are.. adjacent to bodicl of water are borderod by ...wall. and revetmant., and WHEREAS, t:troporly d..19nttd and conltructed. ..avall. and revatmont. ..rve to protftet watorfront upland property anel improvemont. located thoreon aqaLnat. "'AVB attac1c. anel ..rve to atabllLzo the pOlit.lon of tho .harolinor anel . - . WHF.I<EAS, ~.ftwall. and rov~lm"nt. have a tondency to fAi~.Gnd tall 1nto bodiee of Vftt~r beCduaa 0' the;> p"..aCJ"- of ti~a, etronq .- wind., heavy rain., orollon, corro.ion, and high and 10w tide. A~on9 othor realona. And ,. .. .n W1IERZAS. .('oA"a11, and revl'lt.menta which hive eailed or collaplod arG a hazard to nlYlqation 1n navlqGule bodi~D of wat.r and a hazard to drainage and r1004 control in non-navigAble bodi.. of water, And WHEREAS, a fa !.led .eawAll or revetment with accompany in; 10.. of fill, unl... promptly replaced or repaired, may cau.. contlnulnq 10.. or loil on adj01ning properties which can ..rioully and adverlaly effect the atability or ..."..11. anel revotment. on tho.. adjoining propertiel .a well a. the value of adjoining propertiea. and WHEREAS, a failed ..4wall or revetment doprive. aeljoining property owner. of the ad4itional atren9th that ~.riy.. fr~ the 'IlK 019,&,~Z. - Agenda Item No.7 A - ... ~h 14, 2006 Page 31 of 81 coaaon ben.tit of a cont1nguouI ..awal1 or revetment, and WllEl\EAS. individual proporty ownar. aU pr..ently retlpon- o1ble for maintenance, rape1r, and replacement of ..awalla and revetment. .10n9 their property, and IlREl\EAS , there pre.ently ex1atl . threat to publ10 h.alth, .afety, an4 weltare beeau.. o[ the failure ot 10m. individual ., repair, property ownera to maintain. or replace their faU.d ....al1. or fovetmentl' NOW 'I'1IEUrOllF. BE IT ORDAINED BY TilE BOARD OF COUNTY COMKISSIOHERS or COLLIER COUNTY, FLORIDA. . Sactlon One, Detinltionl. AI uled in thl1 Ordinance. th. fol1ovlnq vor~. .hall havG the tollowinq me.ninq.~ .County.. mean. tho unincorporated .roe of Colli.r County, rlor ld.. .Se.w~ll.1 ~.n. ftny Gol1d upriqht Itructuro which .~rvfll" (n e"'p"rnt.e rlte1 property and/or any lnprovonenta thereon from Any natural or man-mAde body of vater. -railed aaawall or rpvelmcnt-, mean. A a.av.11 or revetmont that he. fal10d ctructurally or that haa movod 'rom itl orlqJnAl pOlitio" or that doc. not .erve to atablllze the po.ltion of the Ihorclino. .Rovetm~nt~l menn, . .1oplnQ Itructure whlch lorvaa to Beparate real proporty And/or any improv.m~nt. thernon fron any natural or ~.n-mada body of water. S.ction Two I Failed Seawall Or Revetment Oeclared To a. Unlawful And ^ Publ1C Nul.anca. It il hereby declArod unlawful and a public nuta.nee for any proP4rty owner in the County to permit, or to fail to repalr or recon.truct, any failed leewAII or rovetment upon hil property. Sect10n Three, !ntorcemont Juriadiction. In any ar.. of the County whore a Code Enforce..nt Board exllt.l, luch Code Enforcement Board Ihall have juri.diction to enforce the provillon. of thl. Ordinance, however the jurildic- tion of the Code Enforc..ent Board Ihall not be .xcluaive. Th. Cede Enforcement Board ahall have .uch enforcement power. to b. a UK 019,.',128(. .- -- ---_._-_._--~, -.-.--..... ,_____w_ .-,'-",,- --"---.-. : - - _nda Item No.7 March 14, 200 Page 32 of e ex.rei..d 1n luch .anner .1 ..Y b. provided by eounty ordinance ar .tat. Itatute, including tha authority to lavy a fine not to axcaad two hundrad fifty dollara 1$250.00) for aach day a viola- tion continue. p..~ the data .et by the Cod. Enforcement Board'. order for compHanca. In eonneetion therewith, Section Three. Sub..ction 2 of Ordinance 83-43 which cre.ted the ~od. Enforce. ..nt Board of Collier County, La heraby _andad by adding the following languaga. (j I Soawall. and Rlvetment. - Collier County Ordinance No. 85-~ And ."n4~nt. thereto. Slction Fourl Other Enforcement Remedial And penaltiel. V101atlon ot the provillon. of thl1 Ordinance, or failure to comply with any of tho provillon. of thl1 Ordinance .h.~l canat!- tut. . mildemoanOf. Any parlon who violat.. thl1 Ordinance or foUe te comply with ~ny o! the pro...icioT\1l cf this Ordinance ahall upon conviction thereof be tinod or impriloned, or both, .. provided by lav. and in addition ahall pay all cOlta and expen... involved in the caao. Each dAY .uch violaticn continue. ahall be conaidered A c.pArat~ offon... In addition, the BOArd of County CotMll.alon~ra mey taka any other lawful Ict10n In any court of cOllpelCl'lt juriadlctic:\ a. 10 nece.aary to provf!'nt ,,, r.l'Aody ^oy railure or rofua.l to comply with any of the provl.1ona or thl. Ordin.nee. Such othcn: lawful action ahall include I but ahall not be limited to. an equitable action for injunctive raliof or Actlon et lew for dam&gol or !orocloaurea of li.nl. Nothing contained in th.il Ordinance ehall ba con.truod to limit or ot.herwi.e ..dver..ly affect An adjoining propert.y owner's right to s.ek redr... for dAm_i.. re.ulting from a fail.d leavall or revetment.. Slction rIvel Technical SpecifiCAtion. For S.awall. And Revetr.anta. There ia attached hereto end incorporated by rafcrcllcc hlrein a doc~lnt entitled .Collier County Seawall and aev.tden~ R_9u1ation. - Technical Specific&tiona,. conalstin; of pag.s one .. 019~.'~ 265 J ......_.~'....._.- . --..-.-.........-...-.. ... _. .--. - . ~._-_._- .- -.- hO_. -_.-._- ',^"'. - .. A~n~.i Item No. 7 A arch 14, 2006 Page 33 of 81 throu,h nlne, incluoive of clui,n fi,uro.. 1\11 ..."alll anel revetmont. eonltructod, reconatruc:tad, repairecS, 8lt.rod, pro- jectecl or prolon,acl in the County after the effective elate of ! thi. Ordinance mUlt me.t or exceed the.. technical opacifica- tion. .. tollow.. A. Minor repair. to the ...wall Dr rovet..nt which 40 not nec...t.tate phYlicll alteration to the .xiatin; Itruetural lupport .y.t.. are .xo~pt from the technical apeclflcationl. 8. Major repair. to the I.awall or revetment which n.ce..i- tat. phr1ical r.plac.~ent of Any portion of tho Itructural lupport .yatem, except Ih.et pi1in9, .hall comply with the appropriate matarlal lpacificAtion of tho technical tpeclfi- cation. for the propoled repair only. C. Recon.tructlon of .n~ .cawall or r.yetmont roquirlnq the camp lc t.. rein.tallnti.on of the aheet pile port 10n of the atructural aupport .yatC!m, or any new Dcawall or rcvetmont acet.lon 1net.alled ftdiftcC"nt t~ nr lndnpendcnt.ly from any .xlatlnq '..YAll or ravctmont ahall require eomplote con- for..neo with all .ection. of tho technical apecificAtion. tor that portion of 'oftYAlI or revotmont. Failure: to comply with tho.a tcchn1col IIpeelfieAt1on. ahall con_titulo a vi~lfttion of thi. Ordinanco. Section Sixl Conflict nnd Sevcr4bllit~. In the evont. t.hl. OrdinAnce conflict. ",ith any other ordinance of Collier County or other applicable law. t.l:o more reatrictive .hall apply. If any phrasa or pert.lon of thi. Ordinance 10 held invalid or unconatitutional by a.ny court of competent jurisdiction, .uch portion shall be deemed a ..parate, eliatinct and independent provilion and lueh hold in, ohell not affect the validity of the remaininq portion. Section Sevenl Efrective Date Thil Ordinance _hall become effective upon receipt of notice '* 019"'.!266 . _..- -'- -.'-. ~H ~--"..- .._-~--- ... ..... ..lVl4'nda Item No.7 March 14, 20 Page 34 of from the Secretary of State that thl1 Ordinance ha. bean fHod with the Secretary or StaeG. .,DA'imf.. ~a.....,,', ItIS BOARD or COUNTY CDKM1881ONIR8 ..."'.AIfTU!"..... COLLIER COUNTY. rLO~lDA ......:inLL1~:.':.RZAGAIl. Clerk 0 ..0' ~. 2:i; a= ~yIF~I~~OSS. Cba1raan ,,:: . _ffj} -'. ~""-'''''' . :.;..... ~ , ~ ~ .~. ~ r'o j.....'.. '.. '~'. Xppm.d .. to fo.... and ~;~ff1c1.nCy. . .~ ~A(;"~ . ru.c. er.on A..1Itant County Attorney . ITATI or FLOlIDA ) CllUll'l'l or CIl1.LIEll ) 1. vtLL%~~ J. ft~~'. Clerk of Court' in and for the Twentieth Judle1.1 Circuit. Colli.r Count7. Florid., do her. by certlf, that the for.,olnc 1. . true ortaln.l ofl ORl>IN.....CE NO. 11-1 which v.. adopted by th. fto~rd of County C~t..1Dner. durlnR a..uta, S...lon the 6th da,. ot January. 1911}. wtTNESS ., hand and the ofrtc'~l ...l of the laird of Count,. r~S"lon.r. of Colll.r County, Florid.. thl~ 8th day or JAnu.ry. 1ge~. WILLIAM J, lEACAH n. _. '""" w,th .... Clerk or CourL. ...nel Chrk s.c.:-r., ~I~ b..off 1<: 10 to lo.rd or "..' County Cnnal .1on~r. ' . .I.f4., 01 .' " ... "'__114.1 __..t ., tho, '. ;~~~~ .. '. I, - ~ ~:. ..~ rll .. -- ~. 0 of " ,. .- . , <... , " :'1\ lDOl 019.....t267 5 c-',o:', . , -- -.. .- -.---- .. ... ~nda Item No.7 March 14,200 Page 35 of COLL1D. COtIMT'I IEAIIAI.l. IJID IlVE'IllIIIT RICuu.UOM$ tICIl1l1CAL 1r1C1F1CAT1011 IICTIOII I. DlSCltPT1011 The wort 4.lcrl'" In chi_ Ip.elficacion conat.cl of the d..iln .,~d con. true- ttDft af "aUrfnftt upland propertJ .n' .ul1dlnl ,rotlction Itructur.. wch .. ...vaU. Ill. tn.e"ftU which IIn_ to protln .,It"at VI"I aUlck an' to lta- .111.. thl pOlttlon of thl .horal1n.. The De.llft ead Conatructlon Itlndar.. b.r.ln d..crib_. ahall p~DV1.. alnl.u. r.~ulr...ftt. far all ..e.ll1. Ind rev.C..nt. eon.tructed. rlcanatructed, rap.ir.., Ile.rad, ,rojectl. or prolonSld. 1=1011 2. DESIeR CON~TDtlATJON! . A, Canual 1. All plAn. and .p.cUlutlonl for ...",.11. and ny_e..nel ,hall b. pr.par.d b1 . rrof...lonI1 Ena!n..r r..llt.rad In the Stat. of rlorlda. 2. n.. d..lln nl rho Itf'ur:tur.. ahall adequately .lIdr... oil p.nlbh IOU. 11v.. dud and h,d1'o.t.t t.c load In.. u;lettll\l durin. tha 11'1 of the .tructU~I. a. Criteria I. 5011 .nd dta p.ra..tuI ....nthl to the Itnaetur.l d..1K" In .u__~lIld on n,url I. 2. Th. IttlYI h Uure aoll ".d.. nn tho upland ..d. 01 tho atNctur. .haLI ...u.. ..tur.t.d .011 to the top enp of tho ...vIll/r...t..nt. l. T". Low vUlr d..pth on the vet.rvard "de of tho ItruCtvrl .h.-ll b. a..u..d to b. . "low, lrnt" tld.. SECTION ,. C,...r.kAL Jl.EOUlRr.HtH'TS A. Locat Ion S.awalla .hall b. pllcld .0 th.t thl vatarvard r.c. of the vIII 1. colncld.ntal with the phtted prop arty ot bulkh.ad Unl. If 0ft0 .xlat.. or at 'h. lntaruc:tlon of tho ...n hlah waur Una vieh tha axtetlnl ahora11na. RIyat.antl Ih.ll ba pllcld 10 tha I.polad rock flel tnter.aet. the "laced propa~ty 0' bulkhud 11na at tha ",In htah vatar Una. a. El.vation Th. cop alavation 10' all .""a1h ond rav.t..nel froncin. o. protlctad tidll vaterl lhall ba equal to, or .r..eer than. alava- tion '.S hat ..C.V.D. (National C.od.tic V.rtical Dac.ua> ond equal to or .-r..t.r t'hln, S.S f..t H.C.V.O. 011 oP'" h.y. ..d channela.. The ala.ation faT all ...vall. and T"lt..fttl frontinl on freahwatar canaLI and 1.k.. .hall b. equal to, or Ira.tar tbaQ, the local hl,h vater ale'nUon .. d.t.rw.1ned for I 25 ,..ar r.tut:'l\ !requancy de.llR ata~ event. I .. 019..,.l268 I Janun., II. \'8' I -- --.--- .--- -~-" -,.-. - ---~. --~.--"-- ,...-- - - p!L{fnda Item No. 7. March 14, 20 Page 36 of c. rUuftl Tho 01\ly lUUo. authoril.. hudn .h..ll bo lOT bo.Unl bohln4 the I..valll Of r...e.ent. and ,h.ll not e~t.n' any further vat.r- I v.d. tha" ..ilUnl .....,.UI Of nV'U..ntl. 11'1. bnt.f111 ,h.ll b. froe up Ian' acute.. and coni tit of lulta,l. Iranular ..cartel fr.. r~ coate pollutant a In Dthar than trac' quantitiea. At no, cl_ .hall tbb 'pacUic.tlon .. con.trued '0 allow ,ho flUhS of &ny Count" Stat. or ,...rat vatlaad. D. Cod. Enforc...nl I. Tho County KaMI.r. OT hh d..lanau' r.pr....taU."I, ohell uvhv 'ho planl 004 .pacUlcadona to ..taralft. 11 all .pproprtlt. Enel"..rina Certiflcationa on proYidacl. Up", d.t'rat~tlon thlt all c.rtlflc~tiDn' .Ira ,tovidael. the Caunty Han...r, or hh dad,n.-tad upr...ntltlvl. ,h.ll l"u, a P.~tt to parlora luch work. 2. At ,h. eonel",_lan of .11 parMt t tad vork rabUna to an indt- vtdual .a.vall ot ravet..nt t.prova..nt. . carttflc.tlon b1 & Profa..lonal Enltnur r..t.t.r~d In ,ho Stau of Tlorida ahall b. providad '0 'ho Count, Klna..t. or hh ctutan.UeI rapra.entatlve, urlfYlna eOllp11.nc:. \tuh tho dul.n ond conatruetlnn requlr..ante of thi. 'p.elfieatlon. ... Spael.1 Condlrtnn~ Th. C:ollnt., ""n..*r. or hla d..llnnad r.pr...neatlv.. ..y valve' IIIbata onl~ thnu raqulr..anta d.hthd her.ln that an In d1.rect. conf lltt with ."lIIttn. condlttone .t or djacant ,. ,h. ptDp.rt,. lotatlon for th. prn~o..d ...vatt nr r."atftent I.pro....nt.. Sllht true 10na ..y b. Author Iud by 'h. County "-Ral.r I Dr hlo dutln.ted rapr...ntat Iv.. ror a.a"al1a Dr rav.tMnt. conatnact.' or auuL.1 and/or by ..thodll othar than .. dudle4 In eM.. Ordinanca only If lht d.ala" canald.ratlone of Section 2 harain at. cOIIlpllad with. nIl, auth~rllArlon do.. ~ allow aubatttution of any raqutr...nt detatled In S.ctJon 4 h.raln. SECTION 4, I!STlltCTIVE SPEClrrCATIONS A. Can.ral 1. n.. Standard Sp.c f.f tcatlona Dr ,h. Flor!da o.pare..nt of T.,anaportatlon lOT Road an4 arld.a Con.truc:tlon. Lat..t Ult1on. ahall lav..,n all conltructlon, Inclu41a., uurlAb .nd vorkaanahtp. wh.ra .ppllcabl.. 2. TIla r.far.nca. to ti.-back rod. and anchor. 1n the Coll""lnl .ub.actton. .h.ll not ba conatrua. .. a req~lt...ftt b,. Colll.r County fat' thae particular .aan. or aha.c pl1tnl .upport .,..- ,.. bu' ar. lncludd ror SpacUlcatton 1nfor-..eloft purpo... only. Whan utUhed I 'ha t h-back rod.. .hall bo nrAlabt b,~v.'n vall cap ar val.r and .nchor ,lat.. J. Shut p111n. .haU b. Inatalled pluab In both tha hori.ontal .nd ..relcal 41r.ctlon.. I toa 019w'. Z69 I Jenu.,'" ". IU! 2 -..-. ----.- ~""_"~~'""_'~'''",,",,'''''''''M~~'AA.'~ _ - ~ ..... 4. Sh..t pUlnl IhaU ,A"IUlt. iDto Um afound I ala1.. of 'Ol of thl total 1.nlth of the ,h..t pLl. but nevaI' 1... cban ,. hit. Thta penuration requireMnt .., lie abaud in th. ...nt the to. of tb. .h,At pl1. can b, ..beddad . alnlu.ua of 11 tnch.. la 10114 b..rock. S. The to_-\.,. of .11 ,h.le ,111 .....11. ahlll b. procecta' b, . atona 'rip-rap revetunt place' on a tUur fabric arodon control blanket In accordancl with Slction 4.D .. folluvII .. At locaUon. ""ar. aoU. v111 .ot adequatel,. ,...ht tOl-out bUun by additional panacutlon depth aloaa; b. At loc.~ton. "hu'. btarat Udal flova cr..U .xe....lv. .cour and ar0810n of the to.-b'~1 c. At any othar loe.tlon wher. the ...1Ift En,Ln..r d.... it n.c....ry ror the pr..novation of ch. lntaldt, of th. ..."d 1 ~ I. Concrete Shllt Fll, Seft".ll, I. All ..."al1. u~dlr chi, SletSo~ ..y b. ot concreta, utillllna tht tonaul .n4 1"1"1"'''', ^, nth.r _pprovld .Ithod ot c.C'n.cnac- tion, with flO\lrld-tn-p1acl conerUI l:ap. 2. Th~ concr.te .h_11 hAVI I .~nl.u. tIlt Itr,nath oC ) ,000 pIt. dter 28 daya. 1. E.ach .hut plltnl ahb ahdl havt a .lnl... thickn... at .h: tnch.. and proYida I alntau. r.lnforclnl .t,al co".,r or two and on,-h.lf (2\) inch.. of conertt,. 4. n\e (tlIncrUe l:ap ,h.lI not b. 1... than 10 inch.. in tht.e:k- n.... nor 1... than l~ lncha. In vldth, and contain Ofta-halr (~) inch ,.panatnn Jnlnta p( pr.-.olda' .,.l,r .t III prop.rtJ 11n,. but In no c... !MIU tlllln 100 foot lM.anah. I. All tta..h.d.. rod. .h.ll b. (lC a .t.... a&t.rl.l and cOllpolll1- tton to anaur. a thU.-lo-ona (l, I) ..Cuy hClor un4u ,b. d..lan critarSa outlln.d In S.ction 2.A.2. Ti. tod. _ball b. tntlaul wlth ,h. ..tilth vert leal nl'nrarc1.nl Itlll .nd b. tnvl ron..ntA 11 y proucta(l a.atn"t corro.lon by "hot-dl,,'l l"tv"nlainB In accord_nc. "lth ....STf1 A-t53. ,pox1 coatina in Accordanca ~1th A$TH A-11S. Dr .ny other .quival.nt protaetlon ..t.rhl. 6. Tie-rod anchou .hall. hava not h.. than dx .quaTa fut of vertical .urfae. ar.a perpendicular to tha aUIaa.nt of tbe ti.-rod and h. locatad withLn tha ar.a of full pa..lve r..l.- tane.. C. Alualnu. Sh..t Pil. S.a"all. I. All ...vdla undar ebh S.ctlon ..,. b. of al~1nua. vUh all ...bar. confacw!n. '0 th. appropriate Anlt .e.nll.rd. .. .pacified. 2. Sh.~t plla. ahall b. E.~rltat.4 fro. alualnua .110' S05Z-MI4\, conforain. to ASTK 1-209 a1107 50'2 f~r ch..lo.1 coapoale!onl alao bly!n. a .1nl.ua tht.:kn... of 0.12) incha. aDd . a1n~ ulti..tt tan.lle .tr.nlth of )),)00 p...1. IOllC 019....! no January II. 19IJ~ 3 _..- -------- .._--~._-,-------- --"_._----~.'---"_.._..- ._._'~-- _____.__n__.. _..- ... .... .... ], c., and joint ..tn,laft. .hall h fabduted heN .1_1n". .1101 606]-T6. confor.1nl to AlTIl 1-221 alloy 606] lor chaaical coapalltlonl .l.a h.vinl a .in~ Chickp... of 0.15 ineh.. .nd . alnla. u.ltt..u tan.th .tnnlth 0- ]0,000 p...l. Tho u, .h.ll 1>>. . aJ.nlaua of .10 lnch.. v14. .nd ftv. .nd thr..-quart.r. (5,75) Inch.. d..p. 4. Anchor roll. .nd .nchor pl.u. .h.ll h fabricat.. fr.. alu.!nua .Uo," 6061-T~. COnrOf1l!nl AlTK.I..Z2l .110)' 6061 for ch.a1c.l caw.poeitloftl .h. h.vlnl . .1 n I...,. tlllcb... of 0.125 locb.. for anchor pl.t.. an. . .in1.ua dl...t.r of 0.75 lncha. for .nchor roda. both with. .1nl.... u1tt..t. tl..l1, atranath of 38.000 p...1. Anchor roda .haU "a du1lna. to anl\lrl . thna-to-olM (Joll ..t.tr C.ceor "nder ch. d..llft crlt.rl. outlln.d 1n S.etion 2.A.2. !. Inatallatlon proced\lfa. ,"al1 Call,.,., th. I\lUdln.. .nd ..thod. r.quiTed by the .lu.inu. ..a".l1 unuf,cc'srar. 6. IC the .lu.lnua ..tertal 11 broulh~ in contact with concr.t., . co&tinl .r c:har lIethl('r,.l..,. hC1"u' a'hall ba .ppUed to tk. alu.lnu. conr.act nrfac. to prn'.lu corroalon. Thu'. .hall be nn dinl_Uar Muh or ..tal .,..u.. bonded to the ",.11. D. a.vat.enta I. Th. vork under thla Sact lun I. coaprhccl or . haavy ....r facln", or pre~a.r. co"crat. blocka, natural aeona. .nd bould.ra, ba.a rlil.d vi th ..nd-c.....nt alKture of arout, or a0M4 otha, durabla [acIni ..tarlal placa4 on a atabla natural alopina ahou. 2. Th. ravat..nt ahAI I b. plac.d on . aaooth. eVaft, c...,aeud alope with . lutlhnt not u:c..d 11'1 on. root van le.l drop tor .vary tvo t..t Dr horl&ontal dlatanca. J. AI\ r,vlt.."te ,hall b. placad on . "",,,n p l.nie Ultar fabric In accordanca vLth r.D.O.T. Sp.c:lC1Cat 10na, Saction 114. Thl. tabrlc: ,1'1.11 b, overlaid b,. . l.,.ar of ona Inch to rour inch atone which Ihall aarva n a cuahion Cor the afWDr byar protection. Th. fabric .hall b. fold.d o..r .nd .nchored by larlar rock It tho to. or tho revet..nt dope. " Th. atone rav.t..nt ....r layer .hall b. e~rl..d of boulder. ., .uft1.~hnt qllantity .od Ii.. to vlthnand .11 :.ld. .n4 "av, fore_lI, but In no c... h :.... than thae ap.cifi.d by r.D.O.f. Specificationa Section $'0. ,. A.lternative ....< lay.n 01 protection ..y b. ..nIl-e,..nt ba,a lncuconnlc:Ud by 14 nhforcinl doval.. in accord.nc. vlth r.D.O.T. SpaclUCatlona Section !JO, "Ar-.orf1ea" , "f.n.Cix" I "Trl-1oc:k" 0< .ny other appt'ov.d iatat'lockiftl. p~ee..t. .odul~r eoner.t. a~r .y'C... NIl 019...~ 271 J.n\l.~ ~I t91n 4 .- -- .. ._----,--- .___~......~_.'_"._~.....'_..~.h' . . - .. '. , IICTIOI ,. .U.roIUWICI alOUtlDllHTI Tha.. Iplciflcltton. ..eli1 .lnl.ua r'~Qlr...ftt. for .....11. and rlvet..nc. .....le" art co tI. con.tnct,. b Collb-r COUDty_ individual d.. tift 1. the r..pon- " ."Uit, .f tho 10........... ~.... upoa .,.clUe IUI ..n.iU...., tnl of thor, '.. ;,. ItaftlU...UClft acruccan d..lr.., Mtb04 of cOft.tnactlou. and. .11 other faceora , .ffectlal ch. 1..\l1it, .f tho Itructu.rt. _.. 1,.cUie.tlOftl I.' .tnt.a ..;' r..~l'n..nt. oal,. Ind an !!!. lntla." to b, . Unal d..lln rt1atlq to . ,plclUa .ttl Dr '~1 other afflctinl condltloal. ". . \. '* 019...~ Z72. ,. - . - ,.. - - ........ . . : . '. . .. :" ~~,.~:~. '" I.' ~.~:: "I..' Dt gl . . " :: : & & ~ ::. ~ ..' I '. 'I ~ .. . ~. '0' ._ u oJ ~ ;! . - ~ . . ... . . . u oJ ~ 4n :I: 2; \0' W '" . - u . .... - - II ~ U c( \- 0 ;; .~ O'c--_~_ .. - . . .. :z: 4 I: ~ .... % ~ ., C'I . C 't' ~ I: " .... . 10 C...... . .c . III , ....... ... A e ~ , ~ It. or.... 0 _ .. I.:: VI ..I Q I 1- ~ uJ t-< "';50 ~ ffi ~ 0 ... -... , Z 20 - .... '" .. I ..... ~ ~ .... 100 . 0 a:..J Q) .... ... .... .. Iii C[lA. .... ;;;:; - U)Q4;;'-. . . . .s _ _ 1.>1." r~ - - - ::I. Q 1- '-' .. :E :"(. o '. u c: 01 - , >.- ~ , ~ ~ . = . z. Q ... :. :) . >- ., ... O..'~' .- .. "' 'U ."Z ..... : "" ..e~ . >- - \L.'Z8 I ... ... . 0- . ...,. c .' Ql;ffi ~ L '........ L&I ... Ii: .... II . '" - .. ~ Cz .::S .. '" . . ; CI:~. c:a · U & ""CD:;I .~ If. -:: 1 crzo "L. . W · CIIl1.1l"l ~ .: : lo .' ::II )0..... )0, ., 0 ~ ... . , .: a w: :r c 10/1 0191'1..!Z73;'. . --- --- ... tl.'Z 1'''010 lilt .- J ~ . ... . i~1 B~a .,'.. z ~ l~j Slr- . .. ...- j .1 ' ." i.. !~. . ... '. '...J - .. " o ..- 0- f u U)~;" II ! ~ ~ii: _.. (dAll !l .. 5~ ~~ I ':)"0,01 ~ Ii II it o~c i'~ I (0 - 8 .6.6 " Q:z'" .. .~ c-:J .- .- 0:6 ':g. "',i : !DWU · , ~-I ~ . :; .:- , , !!'" 1-=-= ..' , "21 L.. dO:> . .~ . i ~~S__ ;oil !i , . ... 'Of -l. . . 'TrITt! I ..' <" . # ~ hi] , f- , , iJli l+ i11: , ell , .~lol...... ' ~ ... ~. .,~! z \ ~ ..,/ Q 1 .'- . 1Il i~~~ si .t'~ . ~ . NO- , - ~. . i ->. lj 1" j ~ '0" N ":1 J .. ! =11 Ill. ~ ~ ;; "II" "1N.9! ..~ . !~ !.Jali ;;.; r-;n. ,0 P !~ ; ~:~d !,o i I Ii:[ F N Ii: U r ~ I .s I _' l..__ I - .:r-:- --. - - 8 ::l 9'_ f-~ --- 1 0 ~ . ---.. ' _ --L- ' !~ iD~ .r ~' ... =t:.:-=f= - '" -l I a: ". --- ~ .~ I 5 ~-q=t=.-=t- L _. or '- -t"r -r. 3:- .. 0 _I a. z - - - 5 pI~ - - - - --== f ~ ~ !~ . , ,., !! .. . '. - . :i t..... ->-- - ---- ----. ...d -. --,- SlZ 1'''6m laa. h. gSe zl!~ 2&-' = :~~i~ J ..~~ I -. ", 8; oJ i.. ~ I) , ! I :]" ~8 en~ I IJ 11.- iil5 I to' ~i .,' l!l ~ ~ ~ ! .. .- - ~d ~... ~ n ffi 0 .. E c . > ~ ~d ~ ~ _~8 " Ii I ~ 00: .. I I ""'E I fa. i ~Ii Q. 0 ~!~ ~ 11'41 I"~ ~ ~ g ~~ ";3 . ! I- m,,",u (I) I i' !I z ... lJJ .0 ~ .1."50: ::E V, en l!~ll> ~ :t ':'...; \ - u '" z ,.j ~ I- et" . --.f . !;2~ ~ i J ~ . ... . et 0 I .. - ; a: I . ..J J 'ii 5? ~ '" .- U Z et -ct i> ;j .3 ~ ~-, .~. j :'~. j .- '. '0' 0>; I ..J .!;. !l ..J U l::O'.2 -, ell: ~ " .J. et \. .-& w oJ' c en .p va' . cl · .!Fr):" .~ <: . u 'll ~~ "~~' c: )- c l- f (idAlI il "11 I ! ~ - , ~ _ ''iN! . = I J! \ ... ~ .~ j;' ~,) ; f:d ~ ~ ~ .!~/ Vl Q. 15 Q - :1.- -" r I -... ~ I IB Fl lI. 3 ! IiIIIIII - -- _ A .' ,.t. :.. . ... : .. ~, . .::.: "l:.'i~.. , V."tallon ..-..r.... Rip-Rap ......__ ~TIlI~ . _Rip-Rot TOI " Prollell... $ HWL \ --- or. ' 'S. . . - - ... . .-- ....l..vtl. ~ L ur- .- ~ J"".:.'~' ". ....~~ S'OM FIll., CutIllO"' . .~.~~. .:;,"P:w? -or- . FIl'" Fobrlc TYPICAL STONE REVETMENT Establish . V.Qllallort . 'lb. o'B""k ~ ...$:,f.it. -~.. ..~..:-~ -... Inll"lacUnG . BIOc.b ..... HWL is L WL S ... Gravel BIonktt Oft ~ Fill" FQtJrae !.Iabed S TYPICAL CONCRETE" BLOCK REVETMENT !!!! z~~ 20:.J ..If.... I- !!w Z - - -'1 ~ Q ~ .. I A U I- 'I W ,--". -- ~--_.~ ~ , PLAN VIEW SECTION A-A INTERLOCKING BLOCK 101I 01S'I'"Z76 ~ F'tvr. .. i I ".~'" --. .-.-.....- . . - ,--.---.--.. --'._, ._.--._~"----_.- Agenda Item No. 7 A March 14, 2006 Page 44 of 81 COLLIER COUNTY LAND DEVELOPMENT CODE 9040~ G. There are natural conditions or physically Induced condnlons that ameliorate the goals and objectives \ of the regulation, such as natural preserves, lakes, golt course, etc. H. Granting the variance will be consistent with the GMP. 9.04.04 Specific Requirements for Minor Afler-the-Fact Encroachments Minor after-the-fact yard encroachments may be approved administratively by the County Manager or designee. For the purposes of this subsection, minor yard encroachments shall be divided into three (3) classifications: A. Structures for which a building permit has been issued and is under review, but for which a certificate of occupancy has not been granted. The County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to five (5) percent of the required yard, not to exceed a maximum of six (6) inches. For single-family, mobile! modular homes, duplex, and two-family dwelling units only, in the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the applicant, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent of the required yard. B. Structures for which a building permit and certificate of occupancy or a final development order has been granted. The County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to ten (10) percent of the required yard which requirement was in effect as of the date on which the certificate of occupancy or final development order was issued, not to exceed a maximum of two (2) feet. For single-family, } moblle/modular home, duplex, and two.family dwelling units only, the County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to twenty-five (25) percent of the required yard which requirement was in effect as of the date on which the certificate of occupancy or final development order was Issued. C. Single-family, duplex, and two-family dwelling units only for which no building permit record can be produced. Provided that all of the following criteria are met, the County Manager or designee may administratively approve minor after-the-fact encroachments of up to twenty-five (25) percent of the required yard, provided that: 1. The encroaching structure, or portion of the structure, was constructed prior to the purchase of the subject property by the current owner. 2. Evidence Is presented showing that the encroaching structure, or portion of the structure, was constructed at least two (2) years prior to the date of application for the administrative variance. This evidence may be in the form of a survey, property card, or dated aerial photograph clearly showing the encroachment. 3. The encroaching structure is either an addition of living area to a principal structure, or an accessory structure of at least 200 square feet in area. 4. The encroachment presents no safety hazard and has no adverse affect on the public welfare. 5. An after-the-tact building permn for the structure, or portion of the structure, is i issued prior to the application for the administrative variance. The administrative LDC9:12 Agenda Item No. 7A March 14, 2006 Page 45 of 81 VARIATIONS FROM CODE REQUIREMENTS 9 04.05 > variance will only be approved once all inspections have been completed, and the certHicate of occupancy will be Issued once the administrative variance has been approved. D. Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between structures to less than ten (10) feet. Administrative variances approved pursuant to the above do not run with the land In perpetuity and remain subject to the provisions of this section regarding non-conformlng structures. 9.D4.D5 Specific Requirements for Variances to Flood Hazard Protection Requirements A. General requirements. 1. Variances shall only be issued upon e determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 2. Variances shall only be issued upon: a. A showing of good and sufficient cause.. b. A determination that failure to grant the variance would result in exceptional hardship to the applicant. c. A determination that the granting of a variance will not result in increased flood --. heights, addttional threats to public safety, extraordinary public expense, create i nuisances, cause fraud on or victimization of the public, or conflict wnh existing local laws or ordinances. 3. In passing upon a variance, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of the LOC; and the following criteria: 8. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; g. The compatibility of the proposed use with existing and anticipated development. h. The relationship of the proposed use to the GMP and flood plain management - program for the area; I. The safety of access to the property in times of flood for ordinary and emergency vehicles; LOC9:13 ~'__._'~.."_._'__.M._ ____n Agenda Item No.7 A March 14, 2006 Page 46 of 81 LDC Amendment Reauest ORIGIN: Community Development and Environmental services AUTHOR: Mike Bosi, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle Two 2005 LDC PAGE: LDC4: 13-14 LDC SECTION: 4.02.03 LDC SUPPLEMENT #: Original LDC Recodification (04-41) CHANGE: Add language to accessory structure setback criterion to establish a benchmark for the seawall elevation from which the rear yard accessory setback is determined. REASON: To prevent builders from artificially raising the existing seawall to gain compliance with the reduced rear yard for accessory structures as provided for in section 4.02.03.A.Table 4 of the LDC FISCAL & OPERATIONAL IMPACTS: NA RELATED CODES OR REGULATIONS: LDC section 4.02.03.A.Table 4 GROWTH MANAGEMENT PLAN IMPACT: NA OTHER NOTESNERSION DATE: This version was created on July 7, 2005 Amend the LDC as follows: 4.02.03 Specific Standards for Location of Accessory Buildings and Structures * * * * * * * * * * * * * Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots 63 Text underlined is new text to be added Tent stFihetkF81:1glt is eHFFeRt tell. fa lie deleted. Agenda Item No. 7 A March 14, 2006 Page 47 of 81 .-. I Setbacks Structure to Front Rear Side structure (If Detached) 1. "arking garage or carport, single-family SPS SPS SPS 10 feet 2. )ne-story parking structures SPS SPS SPS 10 feet 3. Multistory parking structures SPS SPS SPS 1/11 q. Swimming pool and/or screen enclosure (one- and SPS 10 feet' SPS N wo-family) 5. Swimming pool (multi-family and commercial) SPS 20 15 feet N feet - 6. rennis courts (private) (one- and two-family) SPS 15 SPS 10 feet feet 7 rennis courts (multi-family and commercial) SPS 35 SPS 20 feet feet B. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15 10 feet feet (See section 5.03.06(F)) 9. Utility buildings SPS SPS 10 feet 10 feet 10. ~hickee, barbecue areas SPS 10 SPS N feet 11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS feet _. 12. 'Itlached screen porch SPS 10 feet 4 SPS SPS 64 Text underlined is new text to be added Text stril:etRF8ugk is eurreRt fed.8 Be deleted . .--".----- ~..- --....-.-.-.....-".....-, .,_...m Agenda Item No. 7A March 14,2006 Page 48 of 81 13. Unlisted accessory SPS IsPS SPS 10 feet 14. Docks, decks and mooring pilings N/A N/A 7.5 feet or 15 N/A feet 15. tsoat slips and ramps (private) N/A N/A 7.5 feet N/A 16. satellite dish antennas NP 15 SPS 10 feet feet N = None. N/ A = Not applicable. NP = structure allowed in rear of building only. SPS = Calculated same as principal structure. · = I foot/foot of accessory height = I foot/foot of building separation 1 l/foot of accessory height = l/foot of building separation. 2 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Isles of Capri and the Goodland Zoning Overlav which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. The bench mark elevation of the top of seawall cap or top of bank for determining the setback for the rear yard accessory setback on a parcel shall be no higher than the average elevation of the top of seawall cap or top of bank on the two immediate adioining parcels. 4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Isles of Capri and the Goodland Zoning Overlav which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. The bench mark elevation of the top of seawall cap or top of bank for determining the setback for the rear yard accessory on a parcel shall be no greater than the average elevation of the top of seawall cap or top of bank on the two immediate adjoining parcels. 65 Text underlined is new text to be added Ted stril:etRF9ugk is E!UFFeHt text ta l:Je EleleteEl A&,~~I~~R . . March 14, 2006 Page 49 of 81 - COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CATION SC 98-004 DATE: 28 October 1998 LDC SECTION: Section 2.6.21 (Dock facilities), Division 6.3 (Definitions: .yard, waterfront) INITIATED BY: Planning staff as the result of a request for clarification from Customer Service Agents regarding measurement of structure setbacks and dock protrusions from seawalls BACKGROUND/CONSIDERATIONS: Section 2.6.21.1. of the LDC states that.... protrusions as well as extension of dock facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-rap line, or Mean High Water Line, whichever is more restrictive.. Division 6.3, definition of "yard, waterfront", states that" ...open space... depth (is) measured from property line, bulkhead, shoreline, seawall, mean high water mark, access easement, whichever is the most restrictive.. Seawall slabs are a minimum of .5 feet thick, and seawall caps a minimum of 1.3 feet wide, allowing for over 1 foot variation in measurement, depending on which side of the seawall or cap is used to measure the setback, for structures on land, or protrusion, for docking facilities. DETERMINATION (CLARIFICATION): The measurement for both structures and docking facilities should be taken from the outer (water) side of either the seawall Or seawall cap, as shown in the attached diagram. AUTHOR: Ross Gochenaur (for Robert J. Mulhere, AICP, Director, Planning Services ~... Department) THROUGH: Ronald F. Nino, AICP, Manager, Current Planning Section) cc: Johnnie Gebhart, Senior Customer Service Agent Supervisor . ~. - ~ . on _ ---. ---- - .-- . . Agenda Item No. 7A March 14, 2006 Page 50 of 81 -, POc..K ~J.{ O\~u..s I D N S\~VC.Tu.RE .s ST B-4c. k" Ft'(~ c.. F<?\J-U.. SEA-Wr<t{..L CAP SE:A~"c..L St.4l3 ~~~~~ l-nCCU u R b: ~Il\ 0 1\1 E: t 1'1-; t;. "'- CAP oR. ..$t::::A LV All O~ o UlE "<. C W A- l2R.) ,StDE , --. , -- '-'- - .- ~. .-- .'~--'.'.. -.-..,;,.-----...-""'- '--.........--':':--....................-.---.-...-. .---...---...----..- -..-......-. _.._~~ ,-,--,._..~_... - Agenda Item No, 7 A March 14, 2006 Page 51 of 81 t:rfJ -t!l .,${i COLLIER COUNTY ' :.;. ,.'. , DAVID C. WEIGEL COlliER COUNTY ATroANEY 3301 Tamiami Trail East Heidi F. Ashton-Clcko Naples, Florida 34112-4902 Ellen T. Chadwell Colleen Greene Telephone: (239) n4-8400 Steven D. Gr1ffln FAX: (239) 774-0225 Jeffrey A. K1atzkow William E. Mountford Thomas C. Palmer February 8, 2006 Michael W. Pettit Jacqueline W. Hubbard Marjorie M. Studen~-Stirling Scott R. Teach Robert N. Zachary Benjamin Brown, Esq. Bond, Schoeneck & Ki.ng, P.A. 4001 Tamiami Trail North, Suite 250 Naples, FL 34103-3555 Re: Petition ADA-2005-AR-8497 (Dowdy) 1 March 14, 2005 Hearing - Motion to Dismiss Appeal Dear Mr. Brown: - I am in receipt of your February 3,2006 "Motion to Dismiss Appeal." There is no procedure or process in place that authorizes staffllH:onsider this motion. We will submit this "Motion" to the Board of Zoning Appeals as part of a package of materials. You may present this argument before the Board at the hearing. Feel free to call me with any questions. Je As - JAK/ejh cc: Jim Mudd, County Manager Joseph Schmitt, CDES Adminstrator Susan Murray, Zoning & Land Dev. Review Director David Weigel, County Attorney Vanderbilt Beach Property Owners Association, Inc. Vanderbilt Beach and Bay Association, Vanderbilt Beach Zoning Committee ._, PubliclJcff/Lettcrs/Benjamin Brown (Dowdy) 020806 .-."---. ---~--_.- -----",.- .- Agenda It~ ~ . . Marc 14, 2006 : Page 52 of 81 IIII BOND, SCHOENECK & KING, P.A. BENJAIIIN BROWN AITORNEYSATLAW. FLORIDA KANSAS NEWYORK DIrect ~13 BIrown@bsk.com February 3, 2006 Mr. Jim Mudd c/o John Torre David C. Weigel, Esq. Jeffrey A. Klatzkow, Esq. c/o 3301 East Tamiami Trail ..... = = ~- Naples,FL 34112 ... ......., .." "'-',:..:, .,-..-.... ,." '-- "r" "" Z-r Ms. Susan Murray , ::;!f: Mr. Joseph Schmitt .... n- 2:ic c/o Collier County Planning Services "t> ::J: CrT 2800 North Horseshoe Drive - :lJ- Naples, FL 34104 .. ::r ZfT', - .." 0 .< Re: Petition ADA-2005-AR-8497; March 14, 2006 Hearing - 316 Flamingo Avenue MOTION TO DISMISS APPEAL Gentlemen and Ms. Murray: Our law linn represents Mark and Shirley Dowdy in connection WIlli the above-referenced matter. On October 13, 2005, the Vanderbilt Beach Property Owners Association, Inc., the Vanderbilt Beach Beach and Bay Associalion, Inc., and the Vanderbilt Beach Zoning Committee filed an appeal (petition ADA-2005-AR-8497) ("Appeal") with the Collier County Deparbnent of Zoning & Land Development Review, in an effort to overturn the A V A-2005-AR-7821 Administrative Variance Collier County granted for Mark and Shirley Dowdy's pool deck at their home at 316 Aamingo Avenue in Naples. Currently, there is a Board of County CommissionersIBoard of Zoning Appeals meeting scheduled for March 14, 2006, in which the Appeal will be heard. For the reasons set forth below, we request the immediate dismissal of the Appeal. -- Section 250-58(a) of the Code of Laws and Ordinances, County of Collier, Florida, ("CLO") entitled "Appeal from decision of administrative official" provides that: Appeals to a board of zoning appeals or the govemingbody, as the case may be, may be taken by any person aggrieved or by any officer, 4001 Tamiami Trail NortI1, Suite 250. Naples, Fl3410:J.3555. Phone: 23~. Fax: 23~12 .www.bsk.com 223883.1 2I3I2OD8 ~""__""""..<_,;~...,,~__,,~..._...c,,.._ .' Agenda item No. 7A - March 14, 2006 : Page 53 of 81 - February 3, 2006 Page 2 depar1ment, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative O~ci:I..i~t::=~,~.~.~~,~tJilii'~O dli sb~'wiihth~ .' . ".... '.ofttciallld,lttteii'.iiOtlce . y y. . .' . " ... '.. . . spedfylDi:t1ie-.gt!lliD~:~ The administIative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. The clear language of the ordinance states that the Appellants had to file their appeal within 30 days from the date of the "decision, determination or requirement made by the admin. official...". In the present situation, the Appeal clearly was NOT made within 30 days. Susan Murray, Director of the Collier County Depar1ment of Zoning & Land Development Review, decided, detennined and granted the Dowdys' Pool Deck Variance on August 19,2005. On this date Susan Murray officially signed the administrative variance approval. Attached hereto as Exhibit "A" is a copy of the approval showing her signature and the date thereof. The variance was then entered into the County's "CD- Plus" computer system on September 6, 2005. The Appeal was not received and filed with the Collier County Department of Zoning & Land Development Review until October 13, 2005. The Appeal is therefore untimely as it was 15 days - too late to Appeal the Variance. Because the Appeal is untimely, it should be dismissed without any further proceeding. .M Accordingly, we request the immediate dismissal of Petition ADA-2005-AR-8497. Thank you for your consideration oflhis matter. If you need any additional information, please do not hesitate to contact me. V cry tIUly yours, C ~=&K1NG'P.A. Benjamin Bro - Attorney for Homeowners Mark and Shirley Dowdy BB/ces cc: Vanderbilt Beach Property Owners Association, Inc. Vanderbilt Bcach and Bay Association, Inc. Vanderbilt Beach Zoning Committce _. 223183.' 21312006 --.----- ,..-..- -,>,,-~-_._.-" .. . . ~ . Ag~nrl::l ttpm I\ln 7 A - March 14, 2006 Page 54 of 81 f , I STAFF REPORT , , , TO: Susan M1IIIII)'. Ald>, bim:llX' Depertmart of ZoDIDg IIIlS Land ~llpIIICIIt RevIew . THRU: BiD Hilmmimd , Dim::lor Baildiag Review &; l'ennitting 0epIr1ment FROM: Ross 00cb.""8I1J' SelilOt PJiiIinCr DATH: 25 Aagust 2005 RE: t'tHIl:I0N AVA 2005-AR-7821; A.DMINJSTRATIVE VARIANCE MQtJEST, STkVC1'ORES FOR WHICH A BUILDING PERMn' HAS BEEN ISSUED AND IS UNDER REVIEW APPLICANT: OWNER(S): Marlc A. aDd SblrIC)' A. Dowdy 49564 Nautical Drive New B8ltimorc, MI 48047 AGENT: 1m Hencock, AICP. CAM ~"',- Talon Maullgement, Inc:. 3898 TIIIDiami Trail'North, #202 Naples, FL 34103 OEOGRAPIDC LOCATION: 1bc subject property is 10Clited at 316 FIamlnj:o A venue, legally described as Section 29, TOWDShip 48 South, Range 2S East ab CoIUlC!"s VlIIlder~lIt ~ EsIates Unit 3. BlOck U. Lot 12 REQUESTED ACTION: 1bc applicant is req1IC5ting. an Administrative Variim<:e of2.2 feet fiom the 11l-foot rear - yard sctbacIc fur a swimming pooVscree\l enclOSlD'C (waterfront lot) as rcq1iired by tIic Collier County Land Development Code (LDC) OIllhe Slibject j)top..,ty. ; , ! EXHIBIT I A .. - .,. "'^'_""~_..__'._.m._.' ~-----~ .. - Agenda Item NO.7 A .. March 14, 2006 J Page 55 of 81 LDC Section 9.04.04.A sIIIl:81bat tI= CoIlllty'MaDager or his dcsigMe.1\lIIY approve Administmtive VariIIuoa for stnK:tures /'or which a buIldiDs )l!lI'D1lt bas been issued and II 1IIKk:r RMew, bur 1br \lllbichaoertffil:ari: or~ lid not been jmnted, IIIIdCr tho . Ctillowlng e1n:um8laDces: For sittgltr-famiiy. IItt1bllelmodlfiar homu, t.{upl~ arul two. /ttt!rIIy ~l(tng ~ only, iD tho Jlft!lI'2ICe of midptiDg cirrn'~__. where tho CIIl:l'08dment does DOt result from cnor or don on die pIIIt oftbo appllcaat, tbo CouDty Maaager or bis -gDOCllllll3' 8dmiDisntiveq approve CIlQlI'W!I.....- ofup to 2S pdCCIII of tho n:quiIed yard. ., , ; PURPOSEIDBSCRIPTION OF PROJECT: , Th!l pc1itIonll!' wiBQs to ~lele COIlSIrl1clIOll at a sw/mmi'1g poollCZ'CCl1 CDCioaun: 011 '. ,. tbe subjlll:t ~ in &ccordaDce with BuilcUnal'ermft 2001080082. Aspot IUI'YC)' dmd 20 AucuSt 2005 sbows that tile _loll\ll'e CIIClO8Cb.es 2.2 feet into the 10.t00t_ yIIIXI setbBck for poor lic:i'eeii eilclOs\ilcs on ";.6uoit lots IS me&llll11ld from the cap.of tbe seawa1l. Tl1e pool screen en~ was orlgioalfY buUt.O!l a dcc!< Cl!;~g oJ feet iD height 1I$ measured from the cap of1be scawaIl. Tho we Sla1l:S that tho roar)'lll'd setback for pool scrocn enclOSllRlll on waterfront lotll II 20 teal wheAl the pool decIc exceeds " (eal.iD height "as measured from the top of the scawaIl or tOp ofb8Dk. " The prOperly 0WIl0l' bas taken advantage oftbis ~ to raise !he height oftbo..~ l!O that the hcigIii of the pool dec:Ii: no longer en'oe"! 4 feet IS measlllCd lmm. the csp.of the n::construded _wall and the nlqIIiIed setback 1horefoze becomes I Oflll:t IlItbcr tIIlIIr20. In cxpleiline Ibis 1eCImicality, the eilci'OlICbmODt 'IYlIS rediIced to tho JiOiIit wbm iil AdmiiIistrative Varil!JIco C91Jlci be IppU~ for iD accordance with IDC Section 9.04.04.A. RcganIIcss of the III&IIDOI' iD whicbtho ~t of tho OIIDlOadbmOllt was toducod, Staff is ClIIiSlr8iiIcd to aoceptlfJat dJ,iS was dolie Itrglll1y an.d that the ~ A~ve Variance mll,!l be evabiatild acCOrding to the LDC criterii. MlTIGATlNG CIRCUMSf AN<;ES: l'bc building peamit Cor the !CI'ei:D eI1c1cSllle was originally submitted by the contmcrDr aDd approved by BlIi1ding Depa.dmcm statfwi1hOtit lakiiI8 into considCration the 'lBct that die pool deck ex:cocdcd 4 feet iD hcightand ~ n;>quiIcd.. ZOoCwt mher than 10- - foot setback. CoIIIIty stafftbcrcfore contributed to tho CtIW alklwillg the pool scteeIi enclosure to be COIIStrUllled in its present location. l'bc p<u!'<'ltY owner whose agent is applying for the Adminislratlye Varlancie was nDt....poilsibJe 1br the contt8iitor'S, or the Comity"s, emlI'. staff'is tbcn1bni ClOIlSinIiDed to adatowledge iIiar mitigating , circumsbmccs ",........t>ug &pprO'V8l of the Adminis1ndive Variance exist. .- --- f- ,..,,~ -~.~. .. P""' --- ---------- ---.- n_ .U_.___ --- .._,.__.~_.,. .-.---->,-..- --- ---~ .' . . - Agenc!a.1tBm No 7 A . - March 14, 2006 Page 56 of 81 . , , ., SURROUNDING.LANDUSE AND ZONlNG: , Bmting: SiDg!.family IP$l<I'lP'e, :maed RSp.] SIIJIOIIDdiog: N!lIfI!: FIamiDgo Aveuue rigbt-of-way South: Canal Bast: Sblgle-fiunily residence. zoned 1Ul1'-3 West: Singl...family rQidcoce, %OIied RSF-3 FINDlNGS: . UPon review of!be AdmiDilll1'8livo Variance file, it is staff'a opinion that !be ptoposed 2.2-fool c:uc:zn-~ meets 1ho critcri& 0Ilab1i~ by the Land Development Code. It is 81$0 slaft's d..'" ....."AtI.,u lbll thc gnmtiDg of this AdmiDistmtI:ve VarillllCe will not be injiIriovS 10 thenoigbbothood or detrimental to public ~ STAFF RECOMMENDATION: Statf1'CCOlDl11ellds dlat the Zooing DiMctOr gnuIlllD AcImii1IstrBtI.w VarIaoce for the 2.2- foot euClO8llbmezd;'1I noted in the .""-Wbo1llldaly suney, whioh Is affixed hereto and made a.pad of this Slaffrqiort. PREPARED BY: q~~~~ 2.r4~r OJ-- Date DeparIment of Zoning &. Land DevelDptl'lcat ~ew ~BYJ:l t/:1l.hs: ~.. . B..............~. Dltc . BuiIdiiig RtMew &; PCrmitting Dep8rtmeot Coneur / Do not concur - , APPROVED BY: A~ :og/elor . .........~~MCP.~r~.. .. n,te ..Murray, . . Dcpartmcat of Zoning &. Land Development Review , -- Agenda Item NO.7 A March 14, 2006 Page 57 of 81 "-" OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: Board of Zoning Appeals FROM: Jeffrey A. Klatzkow, Assistant County Attorney DATE: March 14,2006 RE: Petition ADA-2005-AR-8497 Appeal of Administrative Variance (Dowdy) Motion to Dismiss By letter dated February 3, 2006, Mark and Shirley Dowdy, through their counsel, Bond, Schoeneck & King, requested that the appeal of the Dowdy Administrative Variance be dismissed for failure to file the appeal within 30 days. For the reasons set forth below, it is the opinion of the County Attorney's Office that this motion be denied. This appeal arises out of Sec. 250-58 of the Collier County Code of Laws and Ordinances, which provides as follows: "Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, - may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. (b) Due public notice of the hearing on the appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed." (emphasis added) The issue is the phrase "Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof." The question is 30 days from when? The Dowdys argue that the time to measure when the 30 days begin was August 29, 2005, the date when Ms. Susan Murray signed the administrative variance approval. One cannot appeal as administrative variance if they have no notice that it was issued. It is this Office's opinion that the closest analogy to this proceeding is found in "- ~ 120.569 of the Florida Administrative Code, which concerns appeals of administrative rulings. That statute provides that anyone whose substantial interest is affected by a proposed agency action, who has made an appearance, must be given written notice of ,-- . -_.,._-.,~.._.- --" Agenda Item No. 7A March 14, 2006 Page 58 of 81 the agency decision by delivery or mail, which notice must inform them of the review that is available to them, as well as any time limits that apply. There is no question but that the Homeowner Associations vigorously opposed the Dowdy variance throughout the process, and clearly made their intent known that they wished to appeal any adverse decision. Accordingly, in the interest of fairness, and in keeping with the Constitutional requirement of due process and the right to be heard, it is the opinion of this Office that all persons and entities who expressed an interest in this Administrative Variance should have been given written notice of the decision, and that the 30 day period is measured from the date of receipt of actual notice. In that the Homeowner Associations filed their appeal within 30 days from receipt of such notice, unless the Dowdy's can demonstrate substantial prejudice, which has not been alleged, it is the opinion of this Office that the motion be denied, and that this matter be heard by the Board of Zoning Appeals. -,._---~.,,"-_._.--. ~~u__ . AUA-~UUt>_AR.s497 , DOWDY MARK'genda Item No. 7 A .' . ..,,, .....kMtB..J....J &g~ PROJECT #200412~8~ 15~ ;fg~ ." Ii ...J.~1o..J.P_ o..-~ DATE: 10/14105 DUE: 10/28/05 ,,-~ SUSAN MURRAY anJ.n.I,ih B"ach Zoning CommiUse 1 o8s1a.Ji-J.oNl D,.;"" Naple6FL 34106 October 12,2005 Joseph 1<. Schmitt I~~' Administrator Community Development and Environmental Services Division 2800 N Horseshoe Driw Naples, FL 34103 COMMt>>lITY DEVaOPMENT Dear Joe: This is a follow up on our earlier appeals to your department. It is a specific appeal. pursuant to the applicable Collier County Land Development Code (CC LDC) appellate sections, to overturn the administrative variances given under Petition No: A V A-2oo5-AR-7821 for the property located at 316 Flamingo Awnue. This appeal is being made by: . Vanderbilt Beach Property Owners Association . Vanderbilt Beach and Bay Association . Vanderbilt Beach Zoning Committee Our three citizens groups are on record as opposed to the repeatedly requested, after-the-fuct variances for the house located at 316 Flamingo Avenue, legally described as Section 29, -- Township 48 South, Range 25 East aka Conner's Vanderbilt Beach Estates Unit 3, Block U, Lot 12. The numerous egregious violations of our LDC (four in total) should not and cannot be rewarded in any manner if our Code is to have credibility. Our associations are ac\"""'nt about enforcing the spirit and the letter of the LDC and its application in Conner's Vanderbilt Beach Estates. We have stated to the county on nwnerous occasions, both on and off the record, that we know that the builder did use and abuse the system in order to construct a building that is simply too large for the lot and in violation of the CC LDC as further found by the Collier County Board of Commissioners sitting as the Board of Zoning Appeals in May, 2004. Staff on numerous previous occasions opined that the granting of a variance for this property would not be in harmony with the general intent and purpose of the land development code, particularly relating to hardships. (Attachment A) We agreed with that concept when proffered; we believe it continues to apply. Since September 25, 2005, we have been diligently notifying the CDES office of our organizations' fonnal appeal of the administrative variances granted by CDES. Our earlier notices of appeal acknowledged any costs associated therewith. (Attachments B, Bl) We included in that email a request for disclosure under the Public Records portion of the Florida Sunshine Law, Chapter 119, F.S. on that date. The request was specifically for copies of listed documents so that a detailed appeal document could be prepared. Th.ese copies have not been provided as of this date. We now understand that as of this date the county attorney has not ruled on whether and/or how an appeal of an administrative variance can be pursued or whether some other action is more appropriate. Apparently no administrative variance has ever been appealed. Th.erefure, in the absence of any opinion and ruling, we submit this appeal to overturn the - granted administrative variances together with a check fur $1000, which is the fee for other similar types of appeals. However, we continue to request that this fee be waived. RECE\\JED QC1 , 3 'L\lGS ,,,-- ..---~~---- .__..._."_._~,_.,..--- ^--------- Agenda Item No. 7A , Background: March 14, 2006 Page 60 of 81 In May of2004, the property owner appea1ed to the Board of County Commissioners sitting as the Board of Zoning AppeaJs. Our position paper relative to this appeal is attached. (Reference B; Attached). The BZA denied these variance requests and ordered that corrections be made to the property to bring it into compliance with the code. No corrections were made. In October of2004, as we continued to follow up on this matter, we were advised by the administrator of COES that no administrative variance had yet been requested on the property. (Attachment C). We were further advised that the continued problems with the home were being referred to the Code Enfurcement Board fur action at their January meeting. COES records show that a variance bad been in fact been requested in July of 2004 fur the rear yard setback, but that the filing was incomplete. We are aware of no action by the Code Enfurcement Board despite the violations that remain. By January of2005, the property owners had filed a completed application for an after-the-fact administrative variance for the encroachment of the principle structure into the rear-year setback only. This administrative variance was approved by staff in on January 28, 2005 in violation of the earlier findings of the Collier County Board of Commissioners sitting as the Board of Zoning Appeals. No corrections were ordered or made to bring the property into compliance. In August of200S, the property owners filed a request for an after-the-fact administrative variance for the set back fur the pool and pool enclosure only. This administrative variance was apparently approved by staff on September 6, 2005 and/or September 13, 2005 respectively in violation of the earlier findings of the Collier County Board of Commissioners sitting as the Board of Zoning AppeaJs. At a meeting on Tuesday, September 20,2005 in Commissioner Frank Halas' office, our representatives met with Joseph Schmitt and Patrick White. We were unaware of any action having been taken on the property at that time. We were told at the meeting that COES staffbad already granted atfminilltrative variances on the two most serious violations based on legal advice from the county attorney's office which advice was in violation of the earlier findings of the Collier County Board of Commissioners sitting as the Board of Zoning Appeals. On September 25, our representative notified COES by email that we were filing a formal appeal of the September decision of the CDES staff granting the administrative variances. We made a formal public records request in the same email Both requests were acknowledged by the administrator. As stated previously to date, we bad not received the records. On the morning of October 12, copies of the variance filings were given to us along with some emails relative to the September 06, 2005 variance award. Our associations are adamant about enforcing the spirit and the letter of the CC LOC. We have stated on numerous occasions both on and off the record that we feel that the builder attempted to use and abuse the system in order to construct a building that is simply too large fur the Jot The "solution" worked ont between the property owners' representatives and the staff to allow this building with all of its major violations to bypass code requirements and full under criteria fur administrative variances - and stand as built - is egregious and in violation of the CC LOC. As the pictures which are attached clearly show (Attachments E-E8), the property owners built what is essentially a cement fence with a rear-protruding lip on top of their seawall to extend the rear line of their property and change the point of measurement for their rear setbacks, Basis for Appeal: I) Staff has exceeded its authority in granting these two variances in violation of the formal findings ofthe Collier County Board of Commissioners sitting as the Board of Zoning Appeals. --^-_.^.._~--,.. Agenda Item No. 7 A . March 14, 2006 , 2) The rear setback required is 10' (120''). Our measurements show only 6'6' (78j to tliCagJi~1 of 81 point of the seawal~ a common sellSl: measurement standard. (Ordinance 85.2 states that setback measurements are taken from the front face of the seawall which is normally set on the property line. In Vanderbilt Beach Property lines are submerged and seawall is mandated as the rear-set back line.) In this case an l/dmini!ltrative variance is possible IF the setback is at least 90" (25% of the required 120j AND there is no evidence that the encroachment is the result of error or action by the applicant. (See LDC 9.04.04; Attachment F). 3) Neither of the two conditions for an administrative variance have been met. FlU"lher, the administrative variances granted by staff in 2005 are in violation of the earlier findings of the Collier County Board of Commissioners sitting as the Board of Zoning Appeals. 4) We registered a public records acts request for document production with the CDES but as of October 12, 2005 not ALL records have been provided. 5) In previons hearings before the CCPC and the BCC sitting as.the BZA, it has been fuund ai1d staff conceded that the builder willfully manipulated the review process to hide the fact that the house had inadequate setbacks on both side stairs as well as rear setback violations in both the 25' principal structure requirement and the 20' pool deck requirement. 6) The contrived solution to the deck setback was to both extend and raise the seawall cap in order to move it into the range where the deck would then qualify for an Rdmini..uatlve variance. This "solution" is in violation of the LDC and CC LOC codes covering the method of seawall construction. 7) The code specifically prohibits counting submerged lands for any setback measure~nts. This cap cantilevers or bridges out at least one foot over the water and over submer~ lands -- in the overreaching attempt to get a measurement favorable enough to fiill into ~ters for an administrative variance. 8) The BZA in its previous hearing on this property directed that the side yard encroachments (two external staircases) be removed to bring the side yard setbacks into compliance_ This still has not been addressed. (See Attachment E) The property remains out of compliance. 9) No fmal certificate of occupancy may be issued for this property until the property complies with the findings and orders of the Board of Zoning Appeals. The staffhas clearly acted in defiance of the recommendations of the CCPC and the finding of the BCC sitting as the BZA The administrative variances must be overturned as they are in violation of formal fmdings of the Board of Zoning Appeals and the legal requirements ofCC LOC. Respectfully submitted, ~~ Rfr BJ Savard-Boyer, Richard Bing President, VBPOA President, VBBA Chair, VBZC Cc: Commissioner Fred Coyle, Chair Commissioner Frank Halas - Commissioner Donua Fiala Commissioner James Coletta Commissioner Tom Henning Col. James Mudd, County Manager Attachments ~,~-,----~'-----"_.'- '- Agenda Item No, 7 A Pc, March 14, 2006 Page 62 of 81 No. The Land Development Code provides fo,:, specific required yards, therefore this / variance will not be in harmony with the LOC. I Normally, Staff would not consider a rear yard CI1C1'08Cbment adj~ 10 a canal as being injurious to the neighborhood. However, in this ~, the LDC requires a greater setback 50 that the aclditi....1 hcight above Ibe ...wall does not block neighbors' views. In Ibis partieu.... cue, both immedintely adjacent properties have hedges that disrupt the SlIII1C view oflbe....l that the encroachment does. Additionally, comments were received from a neighbor stating that the encroachment would be injurious to the neighbors across the canal and to the boating public (as well as not confonning to the Code whi~ in galeml. is injurious). 7. ..... tIlere natant ..DdI..... or pbysically iIId_ced ..adlUens Ib.t __oralll Ibe geols ud obI-os of lb. repIa_ lUob Of nohlral preservea, Jokea, loll .._"- etc.! Yes. 1be encroachment is into the rear yard.. adjacent to a canal. The encroachment is ameliorated by tall hedges on the odjllCel1t east and west property lines, which disrupt the same view of the canal that the encroacbmeOl OO~ In staff's opinion. the canal is an ameliorating factor for the residents on the opposite side of the canal and adequotely llddresses compatibility. 8. WUJ gnathic tM v.n-~ be reA.i.at wHIt tile Cmwtla ~eeDlent Plan! Approval of this variance petition will DOl offilcl or cbange the requirements of the Growth M_l'lm. MC RECOMMENDATION: The Envil"OlrlUental Advisory Council does not normally bear variance petitions, and did not hear this variance, STAFF RECOMMENDATION: TraditiOll8Uy. if a variance is not approved. the cncrosching structure or portion of the structure must be removed.. In tins case, the petitioner bas the abilily lu apply for- an Administrative Variance to remedy the encroachment of the principal structure. Staff originally analyzed this petition in 2002. Since that ti~ a change wa made to the variance criteria., which allowed consideration of''practical difficulties". An l11lendment to the LDe ..... obo opprovod wh;cb permitted encroachment. of up to 25 pc:n:ent of the r<quired yard to be approved if the encroachment is not due to error oc action on the pmt of the applicant. In the case of the pool md screen cnc:losun; the pt:tiliuoc:r UlDy mcrca"G the height of tho ~wall SO that the pool deck i. Ie. than 4 feet h;gller thm the seawall. 1llat would result in a required V.....2OO1-AR-17D6 Mev 20, 2004] _8"10 ._--~_. , - Agenda Item N.0'a! March 14, 2 Page 63 of 81 ,- From: Brua! BurXhard [mallto:bjburkhard@almcast.net] Sent: SUnday, Sepl:ember 25, 2005 2:51 AM To: SchmlttJoseph Cc: HalasFrank SUbject: 316 Ramlngo Ave. Variance MI. ScbmiU. As I poiJlted out iD my _iou, c:moil to)'OOl. our ...""lot'.. i,""" _ CIII\JWq the opirit IlId die..... oflhe LOC. W. have _ 011"''''''' _ both..1lId oIf1he record IIlolwel'eel1llat!be builder -..plod to uoellld...... the _ iD order to amsInIcl. building 1IIat j, amply too 1arJ. lbr!be lot. This type of_vior obouId DOl be'--. Al. ..-m, on Tuoaday October 20, 200' iD Commi__' omo. yoollld MI. Wbitc 11alod1llat yoo_ a1ro1dy gruted... .......1_......... buccloolcpl._ from die COlIlIty _',omo.. w._... with yourdociaion.... intmd to~ at dleculiest opporbDlity. PI.... COIIaidcrthisc:moil. ........lbr di..............!be Pahlio _ ponioII of!be Florida _ Law, ChapIer 119, F.S. I ........1Ila., copy of the filIJowina"""""'" be p'oYidal.. me: I. Pcnooal DOles aod cmaiJ. related to the code violltiooJ at 316 Flamiqo Aye. 2. Citatioo of!be portion ofdle ondc usccI to jlDllity the __ Wl'iIIDoc. porticn1orly reftlratcina the _ of.....nna the "'" pool deck _. 3. Copies of the job submission as wcllas any .nd all copies oftbc plan reviews by your dqmtmcnt. 4. Any engineering drawings usccI to ..__ IlId juatify the IIhty of the Juge .... wall. 5. Approvals fi'om the COI'pS ofEngiocas fbr. ..bstuItial i:acroue to tbc _wall 6. Any .",lalhe.lccI drawings _lbr!be job. 7. AU c:moil,1lId other __-co rdotccI to this_. I. Job intpec:tioo po~. 9. Any other relevaDt 1DItUiaI. ._. My nquCII is for the purpoIC of CODIttUetillll. fbrrMlappeal of your isIuace of ulldministrativc ftriIIDCc fbr the 1Ctt.:k Yiolation IlId DOIlbr ",,1l1IllOl'CiOl use. AI yoo koow tbere lIt'C iD Iioc:t '"" vioJolionIIat this -... I ......d ....Iike to tnowthe _. orcocb. Tbsnk you lbr your prompt...,.... to tbi6 _ IllIldcnlottd 1IIat tile CouIIIy ......_b1ishcc1 lOelbr documcot ""pies ODd I om willi"ll to poy IIlol ta:. Eitbet lor........ fromOW' orpai>otiou will.ad n:ody to picIt up lite docn_ oIl'011r culiest CODYClRiencc. SiDc<<dy. Bruce Burkhard BNCe BurIdlard Dinoctor. VBPOA - '--'~-'- ....--..-- Agenda Item No. 7A C March 14,2006 . Page 65 of 81 - VANCER8IlT JIEAOoI ZONING cx..u., 1= -.., 316 ............. v.riIftCa YA-2OOl..M.-17OG _ ....., StIIf Is ~ng a"""",", oIlt1Is ..lIonce. _, TholLDC 2.7.5.6 (3) granlS autllcrily tD approve a .._ Wa _1_ wort< undue hIrdshlp...1Ile lIpIllbnt and _ prIdicoI dilIIcumM. _ ~........AM: Tho County _1Ile..-a:y tD glWlt this __ Thol_ oIlI1e Code connot be hold to be IIle ~a pclItion 0I1Ile ......... _. a_Is _ tD guide the Planning c..,., , . , In ...Idng II non-bIndlng, IIdvIscr( ,_,.,_.dllton to lhIBoord 01 ZonIng AppIIk.It Is lhI poaIIon 0I1Ile VllZA thatllle _ _ _ nut be rud'ln pari materII' _ no pclItion d/1Ile __ ..- ....ningIoIo or 1nIIgn-' WhIa IUL 1 ~'" (3) ... be .... to favor a YII'lInce, _.. (2) and (5), a_ _, c:lMrty favor _. Tho PlInnlng CorMiIIIan Is tD be guided by AU. d 1Ile,,-, 012.7.5.6. The _ __ 01 the variance _, LDC 2.7.5.1 pnMdeI.... lwO-Pl!tllll, and .bmotlveIy, one l!vee-plIrt lloII.__r d/ which cen be mot by this potIlJcn. The ux:, _ng tD _ 1, Is _011 tD be InllIlINod a to......... "tile lnlo Intont and IllOIlI1Ing d/1Ile BO:."Thol requI__ _ tD _1Ile ._Ieoding oI.IingIlCode __ tDlIle_ oI__that_ _ a _ _ to a _.~..dlng c:anduslon. we _ not Iaak fir far _I tD ~ that ......,...L ~ Ccunty Planning _.... _ .n irnpreIIIw: _ in CllIPCIillon tD 1Ile...., cIIIIrn t .._In thIs_ I1lqUS. In Variance _ VA-2l102-AR-3319, in FtIltuIIY d/2l103, _,_..,..._ _ d/. 1.&-1'o?I varilnoe from. requirod 10-f00t _ will this 1'III1inder: 7btI__-"" lhe_"'butIdin(1s-_ pdnwIylD_lhe~~_fbr ,-.;ng minimum _ -. s.oI\!ty, ~ _11r-. _ 118 _LL 'tad In lhe IMJd &10111'1'1"'_ C<<ie. The _ SurrmalY far that pl~, heeTd II bm 7H at the May 13, 2llO3 CCPC.-,g, concluded 115 rea>mmel_ tD the IlZA d/ ,*,11I _ tIwIly: - lls _. cp/n/Dn /hit /he _ling "'/he .._... f1t1tbe In hMmDny _1M ~ _Ind _ "'1M I.IndDel.."".,t~ ~ tlwell8 lID fInd_iwll'IIhIps, _lIDspedl/.,~__ ""'_lDlhe~ In -..- proceeding, 1I1i1.... _the CCPC on JeIlllllY 13, 2004, _ ogIIn ,_,.,..._. donlll 01. _ __ __,_,_tDlIle __" In 2.7.5.6: .",.,.,_ IIDspedl/_ _ t:itt:unla1lC8 __on lhe~. TIrIs lDt_lhe minimum Iet_ __11I(6,000 _11>0(I- _1M m1tr1trrlm IDtw/dtIJ fIlt/L;...""1II (/fO 1iIICI. 7btI1trttutt"'. _1s1D_I~In_InIp/tD"'_lntllls,,-lhe~hlllrillhiplsl __/hItIs_1nl. .~..[IIfItI}f1t1tlhlllrillhip/hltIs_In/heflnd_Ik_f1t1t_lhe hIIIriIIhip_. [P}lrRxrllhMrs/r/p!;---1n lheflnd__be""..til..JID_lhehltrilhlp_ .....,..,~bytheI.JlndO'4,_4CDde. _the CCPC on September 25, 2001, In . _ .........from the _ _ PUD, _ mode _..lent paintI: Thuubject s/fIt S 1.1 """ro."II/1fllDt"'_ _ lID find _ hItdshf>. SlIfI'Is _ "'lhe cp/n/an_/he _ CDUId hi"" boIn deI/gmId ID _II lheappl/l:lble _f8t/Iirements. ___ S'thldr..b,.. submItt1<<IthI_ltIIbtmIIiDn, lhebuldlngs CDUId__ t/IItirifI<<I-~ ID_"_~ 1Vt1Jdm..~ __IIDIInd_"""."".. ~ _is_J...iIed /'rom ''IaIfI_~'"'''''''' ~ In IIle origInoI report.) It Is _that _, In . nu_ d/ my _r _Ip"............ his _ . dllmotria111y ~ pooIIlon. The 316 FIIningo pI'ClpIlty..-tho ninlmum buIIcflng Iot_.nd .luIIy.....r..".,IgIlnlclunl__ __with ...!y. __tolllebuilding a>deo. The requ-.cl _ _ be doniod ...the grounds _lhILDC ..- no llUIhorty tD grant. __ far hIrdIhipI II<< ...- tD lhIlond itleV, or far honllh!po _ by k,_,........, _nee, or.._ It Is the uIlImIla........ -'''11 01 the ._ to ....... the \lie 01 owned IoncIIs fully compIlont with the low. A 1_ nwy or mey nat hove righls d/ """"'"'l''''''' &UppIiero, COl'-I, or ....ice PfO\IIders...but t Is not up tD IIle public to beer the bunion deny 1<<_ project that finds IIMW out 01 ~ with In-pIace building a>deo. - --..---... -~'-_.- -_._-,., -_.~.~-_. Agenda Item No. 7A March 14, 2006 Page 66 of 81 -~_.... rtlIlII""-._1" _ be ....lttIwquont, IIId IPIlIIod only In_ry -- Ccurl5--'r_"__ groot ............'. holding _tl1oyonly be.- ~ngIv lo CXlIT1ICt w,fof llllrbk ~ In dhrIrwtIe WII-G'.rted IIwL The recordlo _ on the gnonllng 01___ _.-In CcIIer County Is a .._ ono. The poItion for the..- ot 316 Flon1Ingo. boforo the CCPC on 11IUI'Idoy. Moy 20. 2004. _ be deniod. the pooIIIon 0I1X1U11ly plonnIng _ -...-odlng -' -ndlng. __for _: _ 2.7.5.1, Pu~: In opocIIc ...... ..rtonc>> ftom the _ 01 t!IIs zoning code MAY be gn_ ..... A1d..rilInce WlU. NOT be _ry lo the public -. Alilty,..._ AND where owing lo specIoI ~-.... pocuJlor lo the ~. . -.-. 01. rog_ 10 found lo...... no .......bIe Impoct on the P"I* -. afety. ..._; OR .1IIIoroI onfooOl,'lMlolthe zoning code would rosuIt In -.y..d undue honlBl'lp... prKlIcaI dltllcultytDthe....... 01 theproporty AND wouIdolh._donythe~_._oI_oI,*",",property_Io'" I' 4withthe_"",,"'LpMWn In the neIgId>uol.....d ANO d.-ty hos no _ oII'ecl on the comnunIly ot ilIfve ... nelghilorhood p~ -.oil. D_ o I 0 The ftnIt _ do_ form _ group 01__ must be _lDg_ tD jullffy a ..rionce. "'.n ~ tile tilroelost _.. must" be _ tD juslII'y the ....once 01. __. It's not enough, .. _ SPpelll'l tD be Sllying, _. hsrdshlp _. Oth.. ""_. nIlot _ be ~ In continIItIon WIth 0111.. opodfiod psrsn-.. Let's look ot the 1InIl.. 01 c_ 1'hIo..,. a ..rill_ MAY be gno_ r not conIrory lo tile P"I* -. ufely,'" _. Whllo ft might be dllicul tD_ the vorionce -'<I dIreaIy _Alilty ... -Ie, 10 ft not In the publc:_ - the buRdlng cocIos be _ '" IIle fuII_ 01_ p_? rw. not butIdIng c:ocIos In pI_lo ____. _nt"'" 01 public AfIJty tIwoughout. given poIIacsIenllty'/ Is It not "'lrIrytD the pobIIc_lo _lox ..:~_t 01 the _ng codes? Ned; ...... _1IIe IInIl poll' 01_ ~ requIre5 _ a __ gr_ here be tIod "'. special ~ pocUlIIr to the property. 111... ... no -..g Ioncl-rsllded ""_.. The -co folio to IStiIfy the fttst.. 0I~. The second .nd only _lnIng lost .- on tile flnsl til.... c...... ... we ......to .-y _ concurrent condftIons: undue hordshlp. . _, to the proporty -.or 01. ...., 01_ 01 _ enjoy, and proof _ the gnont 01 the YOI1once _ ...... no _ _ on tile COITInIlIlIty at Iorge. GronIIng 01_ _the filet moot_1y _In en _ _ on IIIe a>rnnomly.1impIy __ with each _nee gnonted CllSUIIIIy, ""'I>'dforthe _ 01 the ......-In -1lOo _. The second condllon, _ tile property ........ _ . __. wIfI be deniod . level 01_ ~ by the noighborI, is pDrt!y Iudk:r..... NolabIe oth.. ora complying. ...". ot the __ _ 01 hsvtng hod to beer down and rebuild. This ~ owner would be gno1lied a spedsI prIvioge by . vorio_ '" the graaI -.....,. 01_ who obej'llCi the law snd robull: '" code __ .nd .... raielng the ~ of. _ 01 the equsI pr-. pnMsI.... 01 the ..... Thls..rtanoe _ be deniod. The __ 01 LDC 2.7.5.1 do NOT provide _ _II> _ juslII'y e ._. The hordohip must be _to _In _ _ .. the _ __ 0I11le LDC. The _ 0I111lo.... do not suppoIt. -- Agenda Item No. 7 A if?) March 14, 2006 Page 67 of 81 - From: SchmltlJoseDh To: Bruce Burkhard Cc: Richard Bino ; BJ Bover Sent: Monday, October 11, 2004 9:26 AM Subjec:t: RE: 316 Flamingo and other variances Bruce, More on the issue. To date we still have not received any request for an Administrative variance. As far as the code enforcement is concerned, legal staff is reviewing the final NOV which will subsequently be re- issued this week. All we can do now is move this issue through the code enforcement board. Joe - - --------- --,....-. 0._'. --,. -..- Agenda Item No. ~~ I March 14, 200 Page 68 of 81 From: Bruce BurKhard To: Frank Halas; Frank Halas Cc: Richard Bino ; BJ Bover Sent: Thursday, September 08, 2005 11:25 PM Subject: Fw: Flamingo seawall Frank, Here are some better shots of the _II "repair" at 316 Flamingo. Note the cantilever overhang - clearly an attempt to say that they have a 10' setback. The overhang is an additional foot out beyond the old (and neighboring) _II caps. After all of the monkey business they still fall short of the required 10 foot rear setback. There is no way that this bold attempt should be rewarded with any kind of a variance. Note aIIo that the encroaching side stairs remain and the pool bathroom is also slDr in violation of the setback caUed for in the code (by IOme 4 feel) The CCPC and the BCC previously detennined that this building is an egregious violation of the LDC and they both said that these violations needed to be corrected. In no way did they encourage a whitewash and a cover up with a series of administrative variances. I agree with the concept that small technical mistakes should have a reasonable recourse through the variance process however when a building goes 10 far outside of known parameters that it can only be assumed that the exceedences were intentional, County government should not ~ard this type of behavior. This building WlI8 constructed by a seasoned builder well versed In the code requirements of the County. Pleading ignorance or hardship should have absolutely no bearing In this case. A clear and unequivocal message needs to be sent to this builder and all others who would emulate his practices. If an administrative variance wera to be granted our whole system of rules and regulations would be a mockery. I urge you to enforce the findings of the BCC when it met on this issue. Should the BCC be forced to revisit every decision they have made? The LDC is intended to be interpreted as to construe the true Intent and meaning of the BCC. Your staff should be carrying out the Intent of the board not subverting it by encouraging specious means of getting around the intent of our codes. As further evidence of bad faith I have enclosed a set of three pictures (scan.jpg) that were presented as evidence at the BCC meeting which Clearly show that the seawall is in fine shape and matches the condition of those of Irs immediate neighbors. The penn It for this travesty was applied for under the guise of "seawall repair." The house and seawall are practically brand new _ certainly less than 5 years old. My seawall is over 15 years old and still needs no extensive repairs. It strains credulity to believe that an extensive seawall repair would be required 10 soon on the seawall at 316 Flamingo. I can' believe the amount of time and energy that you and we have had to expend in order to make the staff do the right thing which is to simply uniformly and fairly enforce buDding codes as spelled out in the LDC. Thanks for all your efforts on behalf of all of the citizens of Collier County. Bruce . . - '. - .- tt. , - .. .- . ; . -- -1 -"--- ", - . '. - .- - . . - . If. . .0- .. : ~ " ~ ." .,,,l ,~ .:.- .... ~. .- -. -- - - ,~~ .... . .... \ \ -p ~ - ,,~ , " \ ',- ,- - , - , ... . .,- , . . ....~ ~ '~ . l,t ~~J '\o\.:'~:,. '-" ~ . , --...- , .......... . ~'..-. '..': ....::s'" ~. ~,_. i . II - . '.- .- . , . : . d- . l ' '::"': 0', ,; "''0<<;,'<,,, , '~;~1i>" ,,:J; ---- ._t. """"''''''JI"''*'''I'''' , '~~".'..'".. --- :;:~;k!;l<:'if,"0" ,,'(;., .;r,!\";;.~; - ~":",~" ."'~t"' ""'''":''''1$~~,\. . , , , , , ~ ~ '< ~' . , r 'I I 'I" "t f ". , .. - . .... ... It. . . ....... . . , ,-. , ""'-"" '".. ~.. - I J., .._._~- --------- . . . I... ... , It. . ...... , . . / , ~ - / --' / r -----+ /Lt ~ '"\'.< "" I \ .,.....~. '.,.- 'f' f. 0 . , . . It. . .f' . . . - - ". , . ,,- "- ...... " " - ~ .., .(-~-. -:~ .... ... .. . . : ~ It. ... ..: T ,/ . ~ ,.,..,\l" i I I' I il ! :1 ~i ,-:.:' " .-: - .". ':- ~"'f!.>>lr"" : ;. .;::; .. '.... , I, .~Mf""'-"~_-' ~~i1-I"';';" , ',""/r' ...\ ~.-~ -, , : ' " "" ',' - -.'~-, f - ,--' ".' .~~.. -'~ -,.......,.... - --".-. , " Agenda Item No, 7 A F March 14, 2006 Page 77 of 81 . - LDC 9.04.04 Speei6e Requirements for Minor After-the-Fact Encroachments A. Structures for which a bnilding permit has been issued and is under review, but for which a certificate of occupancy has not been granted. The County Manager or designee may administratively approve minor after-the-lilct yard encroachments of up to five (5) percent of the required yard, not to exceed a maximum of six (6) inches. For single-family, mobiIeJmodular homes, duplex, and two-fiunily dwe16ng units only, in the presence of mitigating circllm.uances, where the encroachment does not result from error or action on the part of the appicant, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent of the required yard . - ,- --_._..._.,-~-_. ,.-.--....--. Agenda Item No. 7 A March 14, 2006 Page 78 of 81 MEMORANDUM DATE: March 14,2006 TO: Board of Zoning Appeals FROM: Jeffrey A, Klatzkow, Assistant County Attorney RE: Dowdy Administrative Variance-Appeal Variance Law - General Princioles A variance is a relief granted from the literal enforcement of a zoning ordinance permitting the use of property in a manner otherwise forbidden upon finding that the enforcement of the ordinance as written would inflict practical difficulty or unnecessary hardships on a property owner. See Board of Adiustment of Citv of Ft. Lauderdale v. Kremer. 139 So. 2d 448 (Fla. Dist. Ct. ADD. 2d Dist. 1962). Under most zoning ordinances, the authority to vary the application of the zoning regulations is limited to cases of unnecessary hardship. Thus, in order to authorize a variance, it must appear that, among other things, the literal enforcement of the provision in question would involve or result in unnecessary hardship to the applicant. In order to place in motion the exercise of the variance powers of a board of adjustment, the applicant must show that a strict application of the zoning ordinance will produce a unique or unnecessary hardship with reference to the applicant's parcel of land, See Hemisohere Equitv Realtv Co.. Inc. v. Kev Biscavne Prooertv Taxoavers Ass'n. 369 So. 2d 996 (Fla, Dist. Ct. ADD, 3d Dist. 1979), "Unnecessary hardship," as used in a zoning ordinance, and relating to variances, usually means that the difficulties or hardships relied on must be unique to the parcel involved in the application for the variance. They must be peculiar to that particular property and not general in character, because difficulties or hardships shared with others in the area go to the reasonableness of the zoning generally and will not support a variance. If the hardship is one that is common to the area, the remedy is to seek a change of the zoning for the neighborhood rather than to seek a change through a variance for an individual owner. See Nance v. Town ofIndialantic. 419 So. 2d 1041 (Fla. 1982), For purposes of supporting a zoning variance, a legal hardship will be found to exist only in those cases where the property is virtually unusable or incapable of yielding a reasonable return when used pursuant to the applicable zoning regulations. See Herrera v. Citv of Miami. 600 So, 2d 561 (Fla, Dist. Ct. ADD. 3d Dist. 1992): Bernard v. Town Council of Town of Palm Beach. 569 So. 2d 853 (Fla. Dist. Ct. ADD. 4th Dist. 1990). In seeking a variance on the ground of a unique or unnecessary hardship, a property owner cannot assert the benefit of a self-created hardship, See Clarke v. Morgan. 327 So. 2d 769 (Fla. 1975): Town of Ponce Inlet v. Rancourt. 627 So. 2d 586 (Fla. Dist. Ct. ADD. 5th Dist. 1993): Maturo v. Citv of Coral Gables. 619 So. 2d 455 (Fla. Dist. Ct. ADD. 3d Dist. 1993). Stated differently, when the owner, by his or her own conduct, creates the exact hardship that the owner alleges to exist, he or she should not be permitted to take advantage of it. Collier Countv's Standards in Issuing a Variance Collier County follows the general principles of variance law set forth above. 1 Agenda Item No. 7A March 14, 2006 Page 79 of 81 _. The Dowdv Administrative Variance The Dowdy administrative variance was granted pursuant to LDC Section 9.04.04A., which provides as follows: "9,04.04 Specific Requirements for Minor After-the-Fact Encroachments Minor after-the-fact yard encroachments may be approved administratively by the County Manager or designee, For the purposes of this subsection, minor yard encroachments shall be divided into three (3) classifications: A. Structures for which a building permit has been issued and is under review, but for which a certificate of occupancy has not been granted. The County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to five (5) percent of the required yard, not to exceed a maximum of six (6) inches, For single-family, mobile/modular homes, duplex, and two-family dwelling units only, in the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the applicant, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent of the required yard," (words in bold are defined terms in the LDC) In interpreting this provision, staff should be guided by LDC Section 9.04.01, which provides _. as follows: "9.04.01 Generally A, Pwpose. In specific cases, variance from the tenus of the LDC may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization ofhislher property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners," Any interested person aggrieved by an administrative various has the right to an appeal under Section 250-58 of the Collier Code of laws and Ordinances, which provides in relevant part as follows: "Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the ',-, administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof The administrative 2 ,_...-.'- ".'"""-, -~---_.. -~'-'-'.-----~-' Agenda Item No. 7 A March 14, 2006 Page 80 of 81 official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. (b) Due public notice of the hearing on the appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney, A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed." Powers and Duties of the Board of Zoning Appeals As set forth in the Collier County Code of Laws and Ordinances, the Board of Zoning Appeals has the fo llowing powers and duties in hearing this appeal. "Sec. 250-56. Same--Powers and duties. (a) Boards of zoning appeals, or the governing body acting as a board of zoning appeals in the event it so elects, shall have the following powers and duties, (I) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this division. (2) To authorize, upon appeal from a decision of the administrative official, such variance from the terms of the zoning ordinance as will not be contrary to the public interest where, owing to conditions peculiar to the property, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship, Variances from the ordinance shall be authorized only for height, area and size of structure, or size of yards and open spaces; boards of zoning appeals shall not be authorized or empowered to issue variances to permit the establishment or expansion of a use in a zone or district in which such use is not permitted by the zoning ordinance. No variance shall be granted where the special conditions or circumstances peculiar to the property are the result of the action of the applicant for a variance, which action occurred subsequent to the adoption of the regulation which makes the variance necessary, No variance shall be granted because of the presence of non conformities in the zone or district or adjoining zones or districts." "Sec. 250-57. Exercise of powers, In exercising its powers, boards of zoning appeals or the governing body may, in conformity with the provisions of this division and the zoning ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this division, and appealed from, and may make such order, requirement, decision or determination 3 Agenda Item No, 7 A March 14, 2006 Page 81 of 81 ,".' as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken," Considerations in Hearinl! This Aooeal In hearing this appeal, the Board of Zoning Appeals must make the following determinations before allowing the variance: 1. Are the appellants in this case aggrieved persons in the area affected by the decision made by the administrative official as defined by Subsection 250-58(a) of the Code of Laws and Ordinances? If not, the Board must deny the appeal, and the administrative determination will stand. 2. Was the appeal properly and timely taken? If not, the Board must deny the appeal, and the administrative determination will stand. 3. Is there a proper purpose for the variance? In other words, pursuant to the LDC a variance may only be granted where (1) the variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or _. welfare; or (2) a literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level 0 f utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. Unless the Board finds that the variance requested by the homeowners meets one of these criteria, the variance can not be granted. 4. The grant of an administrative variance is discretionary, In this case, the variance could only be approved administratively if there were sufficient mitigating circumstances, and where the encroachment does not result from error or action on the part of the applicant. Pursuant to Sec, 250-60, review of decisions of boards of zoning appeals is exclusively by the Circuit Court of Collier County. Any person or persons, jointly or severally, aggrieved by any decision of a board of zoning appeals, or any taxpayer, or any officer; department, board or bureau of the governing body, may present to the Circuit Court of Collier County a petition, duly verified, setting forth that such decision is illegal, in who Ie or in part, and specifying the grounds of the illegality, Such petition shall be presented to the court within 30 days after the decision of the board of zoning appeals. n~_ 4 ........_---,-~- ~..._-- .-.. I *1'\ >- 3(1I..j{Ob Quarles/Bmdy UP - --- _._---_._--~--- . Petition ADA-2005-AR-8797 Vanderbilt Beach Zoning Committee, et al. v. Mark and Shirley Dowdy Appellant's Hearing Exhibits QBNAP\492170.1 .,..,,.-.,,..-- -."._" ~. ...-. VanderbiIt Beach Zoning Committee, et al. v. Mark and Shirley Dowdy Petition No. ADA-2005-AR-8797 Appellants' Hearing Exhibits 1. Photographs of Pool and Seawall 2, Photograph of Side Yard Setback 3, Second Request for Administrative Variance dated March 20, 2005 4, Staff Report dated August 25,2005 5. Grant of Administrative Variance Letter dated August 25, 2005 6, E-mails to/from Joseph Schmitt, BJ, Savard-Boyer and Bruce Burkhard dated August 9, 2005, August 24, 2005 and August 25,2005 7, E-mails to/from Joseph Schmitt and Bruce Burkhard dated September 25, 2005 8. E-mails to/from Joseph Schmitt and Richard Bing dated October 13, 2005 9. Appeal dated October 12, 2005 10, Receipt for Appeal dated October 13, 2005 11. Survey dated August 20, 2005 12, Staff Clarification SC 98-004 13. Section 9,04.04(A), Collier County Land Development Code 14. Section 250-58, Collier County Code of Laws and Ordinances QBNAP\492170.! .--'--- ---- .-.- _._.~. 1 QBNAP\492170.! ,,--- " -._- __M ,i ,L t, .- -, --- - .. I'~ '1,'/' " , r': , , "; , ,'. , I :r.; 1 I,., I ' , 'I'il ,I , ;' ,- 1'-" \ i 'I\il I, " , I ~ "riJ' :, , , " " I ~, ~",I, 'I' ':' I,::: ..... . , C\:S " ',', 11'" 7:' ,"I, i I( ~';II i I Ij)' I" , I" ,I' "l""\I' ~ '~Il J ;.... "',' ) li\ ') ~ I;:J " I J 'j ~ i'~' J I. "\ I " .,;J - 'I, .~,~ - 'C),, l' '\ I, 'i C\:S ' , " ' , '~. ' , >"'''' 't~ ~ <' .) I .t, " C\:S ' ,,,\ \ " , '\; ~- /;h,..., Ij) 0 I If'" ':i~ ..... .d\~ :'" , , bJ) \ , rfJ ';, . f ' .>~,_ t;;, /.~_: I ~-, 'i' 'I' ""d :::: ! .~ "-'? .:' tJ.,( .- '," Ij) S i,,',,~ 't;',.,'1 I feY, 'I Ij) cd "I, "~;'i ~ - r ' ' 0.; , ff I ~ S t \0 , 0 - I .d,- U ('r') - - - :--~ ,', -"', "'-~'-"'~"'~'#J ""-...:- ..... :~. i ",".,r,7 ':', ....c..._... , . ,. '. ,,~ '. ,- , . .. -.'f . "" , ',' I , ", .' , " ,,,,""$ - . ~. , ,~ - "C. , J \"'j,, - ... ,..-...... - -;','. -.-'~' -.." . ,~- '.' " , """:"~_. ::~.:;~ "'" ~ , C;"t- ,~-, , , , , ,,",,' -- '"' . 2 QBNAPI492 J 70.1 \'.' ~i " -':1 ,,-\">,~ ' "~'" -. , r}i~::' ,_' ~; \ ......-~ ! ii, ". (F ~ 'If!lIH.. i i ; i I ...;.....=-~",--:--.:.....w..,~""~, -> {;, ':'-~ ,,:..... 3 QBNAP\492170.1 - --,----,".~-- -~,-- --_.._.,~-.-'- . AVA-2005-AR-7821 PROJECT #2004120025 DATE: 6113105 SUSAN MURRAY -~_.. --------- - Department of Zoning and Land Development Review Attn: Cheryl Soter 2800 North Horseshoe Drive Naples. FL 34104 Subject: Request for administrative variance (second) for 316 Flamingo Avenue, Dear Ms, Soter; The purpose of this letter is to request an administrative variance for a minor-atter-the- fact encroachment for 316 Flamingo Avenue, specifically for the pool and pool enclosure. On January 20, 2005 Administrative Variance AVA-2004-AR-6946 was approved for the principal structure on this property under Section 9,04.04 of the Land Development Code. This application seeks the same consideration for the pool and pool enclosure, Attached to this request is an approved building permit to effect necessary seawall repairs for the subject property. The seawall repairs will result in an elevated cap that upon completion will reduce the required setback for the pool and enclosure to 10'. As you can see from the enclosed drawing, this effectively reduces the setback encroachment to less than one foot. Just as the principal structure qualified for an administrative variance. so should the accessory structure qualify contingent upon the completion of the seawall repair in accordance with penmit #2005022792. On behalf of the property owner, I respectfully request a favorable review and issuance of an administrative variance for the pool and pool cage contingent upon final inspection of the seawall repair, The Dowdy's have been living in and paying taxes on the home for two years and are requesting this after-the-fact administrative variance for the accessory structure of less than 10%. Attached is a signed, sealed copy of the survey and a check in the amount of $1,000 made payable to the Board of County Commissioners. If you have any questions, please contact me at the numbers below or you can e-mail me at talonmanaaementtl2learthlink. net, I thank you for your time and attention to this mailer. Sincerely, Talon Management, Inc. ~ Tim Hancock President Cc: Mark and Shirley Dowdy o.~,~~.";~_ :';'~~~_:~~~'~~:~-~::';-~~'::;?;~~'~i~~~\%':'i;~l~~li~~~~~~F~~~~~~~~~ 3898 Tamlaml Trail North, #202 NaPles. FL 34103 239-262-6197 Fax: 239-262.6198 E-mail: lalonmanagemenlCealthllnk.n&t ----- ---- JOB :!.>o" ):01 "'et~ Ib1!.AkY SHORE ENGINEERS, INC. SHEET NO. . , OF \ , 1250 Tamiami Trail N. Suite 302 CALCULATED BY f:=".,., OATE ~/111 6 "5 NAPLES, FLORIDA 34102 , (239) 643-6633 FAX (239) 643-6709 CHECKED BY DATE SCALE h ~A. \,1A.lL l'=-it--f"~\ 'L I t'+f'- I , " ! """*- 4G?1~ ,~ I d\ 4- TJ F-:> I ~ , . ! o~ ,. . \l & -"'t ~ \'2- 1=- F- L5'\Ac"C,1= ) VI l:)l, - -- pnLL ~ ~po.x--r \1--\,0 'SYF-A. oJ,.. L..I.-- I Co , , -, -, L lC"'-HoVc ~x:\'S"t-l.~ - GAp ~--.,-._, . 0 el<.l ,="I.\~ 7713- b~~;::'"7 - '! r , I " . ;I-~~ 'Ooe.q ?VR<..L /;, ,!~ GX/5/;-tV0 " 'to/It//!)5 . , ! P.' " PRODUCT 207 D .,.",,- .. _'._,,"_._--" --~--- COLLIER COUNTY - . BOARD OF COUNTY COMMISSIONERS PERMIT PZIlKJ:T I' 2005022792 PERMIT TYPE: SEWL VALID ., 792 ISSUED : 02-28-05 APPLIED DATE: 02-25-05 APPROVAL DATE: 02-28-05 >!ASTER #: 2005022792 COA H; JOB ADDRESS: 316 FLAMINGO AVE JOB DESCRIPTION: SEAWALL REPAIR JOB PHONE: (239)643-4600 SUBDIVISION #: 332 - Conners Vand Bch Est 3 ~ U LOT: 12 FLOOD MAP: 0189 ZOllE: AE-ll ELEVATION: ~OLIO #: 0000027636440004 SECTION-TOWNSHIP-RANGE 29 48 25 )WNER INFORMATION: CONTRACTOR INFORMATION: )OWDY, MARK A=& SHIRLEY A CONSTRUCTION UNLIMITED ASSOCIATES INC. 49564 NAUTICAL DR 3810 EXCHANGE AVENUE mw BALTIMORE, Mt64CO 480470000 NAPLES, FL 34104- CERTIFICATE #: 26924 ~ (239)430-2224 FCC CODE: 329 .. STRUCT OTH THAN BLDG-POOL/SEAWALL/DOCK/F :DNSTRUCTION CODE: 10 I OTHER JOB VALUE; 5.800.00 TOTAL SQFT; 3ETBACKS FRONT: ~ LEFT: RIGHT: ~ ~ WATER: WELL :'ONTACT NAME: JIM :oNTACT PROllE; (239)643-4600 Per Collier County Q-dinance No. 2002,01, as it may be amended, aU "",k must comply with aU applicable laws, codes, ordinance~ and any additional stipulations or conditions ofthispennit. Thispennit expires if work authorized by the permit is not commenced within six (6) months from the dale of issuance of the pennit. Additional fees for failing to obtain pennits prior to the commencement of construction may be imposed. Pennittee(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 C<rtificate of Occupancy is issued, SOTICE: PRIOR TO THEREMOV ALOF ASBESTOS PRODUCTS OR THE DEMOLITION OF A SfRUCTURE, FEDERAL <\ND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF mE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332-6975. In addition to the conditlom of this permit, tbere may be addlllonal restrictlom applicable to thk property that may be found In lhe public records of tbls county, and tbere may be additional permIts required from other governmental endtles 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. CPPR2020 ._~.._"----<_..,~ -'-~,-_._~-,- 4 QBNAP\492170.! --.,.,--". -.-. ...._-~-_.,._-""_.. STAFF REPORT TO: Susan Murray, AICP, Director Department of Zoning and Land Development Review THRU: Bill Hammond, Director Building Review & Permitting Department FROM: Ross Gochenaur Senior Planner DATE: 25 August 2005 RE: PETITION A V A 2005-AR-7821; ADMlNISTRA TIVE VARIANCE REQUEST, STRUCTURES FOR WHICH A BUILDING PERMIT HAS BEEN ISSUED AND IS UNDER REVIEW APPLICANT: OWNER(S): Mark A. and Shirley A. Dowdy 49564 Nautical Drive New Baltimore, Ml 48047 AGENT: Tim Hancock, AICP, CAM Talon Management, Inc. 3898 Tamiami Trail'North, #202 Naples, FL 34!O3 GEOGRAPHIC LOCATION: The subject property is located at 316 Flamingo A venue, legally described as Section 29, Township 48 South, Range 25 East aka Conner's Vanderbilt Beach Estates Unit 3, Block U,LotI2 REQUESTED ACTION: The applicant is requesting an Administrative Variance of 2,2 feet from the 10-foot rear yard setback for a swinuning pool/screen enclosure (waterfront lot) as required by the Collier County Land Development Code (LDC) on the subject property. .-,.- --..--.. LDC Section 9.04,04.A states that the County Manager or his designee may approve Administrative Variances for structures for which a building permit has been issued and is under review, but for which a certificate of occupancy has not been granted, under the following circumstances: For single-family, mobile/modular homes, duplex, and two' family dwelling units only, in the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the applicant, the County Manager or his designee may administratively approve encroachments of up to 25 percent of the required yard. PURPOSElDESCRIPTION OF PROJECT: The petitioner wishes to complete construction of a swimming pool screen enclosure on the subject property in accordance with Building Permit 2001080082, A spot survey dated 20 August 2005 shows that the enclosure encroaches 2,2 feet into the 10-foot rear yard setback for pool screen enclosures on waterfront lots as measured from the cap of the seawall. The pool screen enclosure was originally built on a deck exceeding 4 feet in height as measured from the cap of the seawall. The LDC states that the rear yard setback for pool screen enclosures on waterfront lots is 20 feet where the pool deck exceeds 4 feetin height "as measured from the top of the seawall or top of bank." The property owner has taken advantage of this language to raise the height of the seawall so that the height of the pool deck no longer exceeds 4 feet as measured from the cap of the reconstructed seawall and the required setback therefore becomes I 0 feet rather than 20, In exploiting this technicality, the encroachment was reduced to the point where an Administrative Variance could be applied for in accordance with LDC Section 9,04,04,A. Regardless of the manner in which the extent of the encroachment was reduced, staff is constrained to accept that this was done legally and that the requested Administrative Variance must be evaluated according to the LDC criteria, MITIGA TlNG CIRCUMSTANCES: The building permit for the screen enclosure was originally submitted by the contractor and approved by Building Department staff without taking into consideration the fact that the pool deck exceeded 4 feet in height and therefore required a 20-foot rather than 10- foot setback, County staff therefore contributed to the error allowing the pool screen enclosure to be constructed in its present location, The property owner whose agent is applying for the Administrative Variance was not responsible for the contractor's, or the County's, error. Staff is therefore constrained to acknowledge that mitigating circumstances warranting approval of the Administrative Variance exist. "--- --.-.-.- ._..__._~--"_. SURROUNDING LAND USE AND ZONING: Existing: Single-family residence, zoned RSF-3 Surrounding: North: Flamingo Avenue right-of-way South: Canal East: Single-family residence, zoned RSF-3 West: Single-family residence, zoned RSF-3 FINDINGS: Upon review of the Administrative Variance file, it is staff's opinion that the proposed 2.2-foot encroachment meets the criteria established by the Land Development Code, It is also staff's determination that the granting of this Administrative Variance will not be injurious to the neighborhood or detrimental to public welfare, STAFF RECOMMENDATION: Staff recommends that the Zoning Director grant an Administrative Variance for the 2.2- foot encroachment as noted in the attached boundary survey, which is affixed hcreto and made a part of this staff report. PREPARED BY: L~~ 2.r4ur cJJ---- - oss chenaur, Semor Planner Date Department of Zoning & Land Development Review REVIEWED BY: 1/21/oS Bi ammond, Director , Date Building Review & Permitting Department Concur :I' Do not concur APPROVED BY: ~~ 08 /29 lor Date , ~usan Murray, AICP, Director Department of Zoning & Land Development Review June 2004 -~.. . --,---,.-'.'~ 5 QBNAP\492170.! ,.~,-"'- ,--,.." ./ ~ COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive 0 Naples, Florida 34104 DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 25 August 2005 Mr. Tim Hancock Talon Management, Inc. 3898 Tamiami Trail North, #202 Naples,FL 34103 RE: Administrative Variance, A V A-2005-AR-7821; subject property located at 316 Flamingo A venue, Folio # 27636440004 Dear Mr, Hancock: Requests for variances for a structure for which a final development order has been granted may be approved administratively by the County Manager or his designee, The survey of the subject property provided to the Department of Zoning and Land Development Review in the application packet clearly indicates that the existing rear yard setback for pool screenenclosures on waterfront lots is 7.8 feet, which is 2,2 feet less than the 10 feet required by the Collier Couty Land Development Code. Zoning Department staff has reviewed the administrative variance request for the structure and has found that the encroachment meets the criteria for granting the administrative variance as outlined in Section 9.04,04,A of the Collier County Land Development Code. Further, the granting of this variance will not significantly affect the air and light considerations of adjacent properly owners. co 0 17/~~ " y co 0 " " t Y Phone (239) 403-2400 Fax (239) 643-6968 or (239) 213-2913 www.colliergov,net .__.~^'., ,~,- --~._--" -.-----,-.. , , You may wish to have this letter recorded in the official records of CoIlier County as a permanent record of the variance approval, If you should have any questions, please do not hesitate to contact me. Sincerely, ~~ Department of Zoning and Land Development Review State of Florida County of Collier The foregoing agreement sheet was acknowledged before me this ~ (j.day of ~005 by who is p sonally known to me on,..k6Im Plodueeg - , ." Il3 id! ItificauQu and who ~(did not) take an oath. . " ~l<-. YY)~,~ (Signature of Notary Public) /'v1 0.. r I- \'~ SEAL C-.e.c..: ///1'- )~. NOTARY PUBLIC Commission # My Commission Expires: TEKlrg ."'~ CEClI.IA IO\ARTIN ~>> t.IY COMMISSION .00 174539 ~ !" ExPIRES: ,\pII127. 2007 cc: Correspondence file ~~ . ~ BandOdThNNdIlVPdl\Jfl(tlllWlM1Il . .RI'... -"'" ~ .'-_._~- .' COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive' Naples, Florida 34t04 Copy of Approval Letter for Administrative Variance A V A 2005-AR-782 1 , 316 Flamingo Avenue, received. 4d~ ~cm,' r; 1/4-M Signed Date c:: , I~ . T c:: " u u . .' Phone (239) 403,2400 Fax (239) 643-6968 or (239) 213-2913 www,colliergoy,net -- C'.._m__ '~"-'-'~'" 6 QBNAP\492170.1 - ._",,-_... .....---.-..-.. Page 1 of3 ~ gochenaurJ From: $chmlttJoseph Sent: Thursday, August 25. 2005 9:10 AM To: Bruce Burkhard Cc: BJ Boyer; Frank Halas Subject: RE: 316 Flamingo Bruce, I understand your frustration but I can only enforce what is in the code. Yes, the construction of the wall is exactly that - a method of circumventing the code. But as we pointed out at the public hearing, it is legal and was deemed to be the most expeditious method to abate the violation. The property owner has submitted a spot survey performed by a registered professional land surveyor and if, after staff review, it is verified that the noted setbacks on the survey meet the defined criteria, I have no option but to Issue the final CO for the pool cage. Likewise the other variances, If the request Is within the administrative criteria and limits of the code, we have no option but to approve the request. poe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-238512390 cell - 595-9751 "Balancing the demands of growth and the demands of the community" From: Bruce Burkhard [mailto:bJburkhard@comcast.net] Sent: Thursday, August 25, 2005 1 :30 AM To: Schmlttloseph Cc: BJ Boyer; Frank Halas Subject: Fw: 316 Flamingo Joe, BJ forwarded her letter and your response to me concerning the never,ending 316 Flamingo problems. It's been quite obvious that the developer, the homeowner and his representative, Mr. Hanckok, have been gaming the system from the start. This purported "cap" on the seawall far exceeds any reasonabble person's definition of a seawall cap, It's an obvious attempt to circumvent the clear intent of the LDC concemlng the rear yard setback, Let me remind you that even with this magical raising of the seawall the 10 foot setback will not be met. If I'm not mistaken the setback will only be about 6 feet therefore it still falls to meet code. Please don't tell me that since It's so close that it will qualify for an "administrative variance," Both the CCPC and the BCC found that the building was out of compliance and everyones' expectation was that a clear signal needed to be sent to these people that this type of "pushing the envelope" was not going to be tolerated. I don't know how you think that you're going to get a handle on these variance requests unless you start sending loud and clear signals that after,the-fact variances and look-the-other-way administrative variances are no longer the order of the day. VBPOA has put in so much time and effort to correct this egregious set of violations that you can be confident that we won't sit idly by and let a set of variances go unnoticed. I'd be very surprised If the BCC would condone any variance after their clear vote on the matter. 8/25/2005 .._-_......._.~-'- -. . ...~._~ .._-- -----~-------_._-,._- . Page 2 on " .,' ~ I do commend you for recognizing the problem and for trying to address it in the next cycle, In the meantime the solution in this case is quite simple - no variances. They're not a God given right. They don't meet the LDC. Just say no. Bruce Burkhard Director, VBPOA -- Original Message ...- From: B.J,.SaVl!rc;j::!;loye( To; I'lruce &. Susan Burkhard Sent: Wednesday, August 24,20056:30 PM Subject; Fw: 316 Flamingo Bruce, Here's the info on 316 seawall. BJ - Original Message- From: Schml!lJoseph To: EtJ.Sa~1!!.d,Boyer Cc: Frank Halas Sent: Tuesday, August 09. 2005 2:32 PM Subject: RE: 316 Flamingo B.J, The permit, permit number 2005022792, is for a "cap" on the seawall, They probably started work because the permit expires on 8/27/05, As you are aware the house still doesn't have a final CO given that the BCC disapproved the variance. They have asked to put a cap on the seawall to raise the seawall to overcome the requirement for the height limitations for the rear yard setback. As I noted In the public hearing, we do not have any code to prohibit the construction. As you are aware the rear yard setback is 10ft except for those structures that have a 4 ft, or greater differential in elevation between the seawall and the pool deck. In those cases the setback is 20 ft. The wall is being constructed to reduce the elevation differential between the seawall and the poOl deck to a measurement of less that 4 ft. They currently have a request in for an administrative variance for the remaining issues at the residence and provided the request meets the criteria in the code, staff will issue the approval letter after the seawall repairs are completed and an updated spot survey provided showing the dimensions meet the requirements referenced in the application and required by code. We are forwarding the attached LDC amendment in this cycle of amendments to preclude any future efforts to fa ise a seawall to get by the code, {he Joseph K, Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-2385/2390 cell - 595-9751 "Balancing the demands of growth and the demands of the community" From: B.l. Savard.Boyer [mallto:BJpalm47@earthllnk,netj Sent: Tuesday, August 09, 2005 9:00 AM To: SchmlttJoseph ee: Frank Halas Subject: 316 Flamingo 8125/2005 ----,- _.-<' ^ -"----"--'-,.,. i . Page 3 of3 , -" . August 9, 2005 Joe, I was alerted by neighbors that. at the present time, there is work being done on the seawall at 316 Flamingo Ave. here in Vanderbilt. There is a contractors box in the front yard, so obviously they got a permit, but for what? I think it is prudent to look into the work that is being done here. These are the people who since 2001 have defied setbacks and continue to fly in the face of our rules and regulations. I'd appreciate your attention to this and please get back to me. The concern of neighbors is gratifying and I owe them an answer. Thank you, BJ Savard-Boyer VBPOA, President 8/25/2005 -- ----_.'"-''' 7 QBNAP\492170.1 --- _._~ .... ~. --'--'-.~'---'----- Page 1 of3 From: mGPJJer~Qn_tri~ol'l To: $G.hJni!!JQ~epO Cc: lil'lll'l$frl'lnk : ElJuGeJ:lurkol'lrcj ; m!JH!3Y_$ Sent: Wednesday, September 28.20053:19 PM Subject: RE: 316 Flamingo Ave. Variance Joe, Mr. Burkhart called the office about this process. He wants to know: . How to obtain the format/paperwork necessary for filing this type of appeal to the administrative variance . If there is a deadline for the appeal since they weren't notified of the date it was granted . How they can go about having the fee for the appeal waived Trisha McPherson Executive Aide to Commissioner Frank Halas Collier County Board of Commissioners, District 2 TrishaMcPhe rson@CollierGov,net Phone: 239-774..s097 Fax: 239-774-3602 Please note; Florida has a very broad public records law. Most written communlcaUons to or from officials regarding state business a-e public records available to the public and media upon request. Your e-mail communica6ons may therefore be subject to public disclosure. '__._M~___'~____~___.______"' ___"~_~_'_'_'__'~~_'__'___~'_'~___"_'__~"__~~'_'__'_~_.... _., _ ._.~__~_.,_~~_____ "_." ,._..".._......_ '..._.'..____._.."'._v From: SchmittJoseph Sent: Sunday, September 25, 2005 6:28 PM To: SchmittJoseph; Bruce Burkhard Cc: HalasFrank Subject: RE: 316 Flamingo Ave. Variance Bruce. Susan Murray noted that this is the first appeal of an administrative variance since she has been here so I'm not absoiutely sure as to the fee but for information, the fee code lists two fees both for appeals to the BZA, one listed as a fee for an administrative decision (as may be provided for in the Collier County Administrative Code or the LDC) $1,000 (non-refundable), the other is just listed as an Appeal to the Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC) $1,000 (non-refundable), As such, based on the current fee structure, it is fairly clear that the fee will be $1,000 if you wish to file the appeal. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office -- (239) 403-2385/2390 cell -- 595-9751 3/7/2006 --- '-~"" ---.---.,' _..~~..~...._-_.__._._._---. Page 2 of3 "Balancing the demands of growth and the demands of the community" .._._,..._~-._-~.,.,,---.-~",~-,~--~~..__..,~,..,._~-_._-,._..-"-~-'~'-~-'-"--~"""'-"'-"""""""""""''''''''---''''-~--~''~~-~----'-'''- From: Schmituoseph Sent: Sunday, September 25, 2005 8: 13 AM To: 'Bruce Burkhard' Cc: HalasFrank; estradamaria Subject: RE: 316 Flamingo Ave. Variance Bruce Understand. I fOlWarded your request to our records room. Our staff will contact you to coordinate pick,up and to advise on the required fees. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office -- (239) 403-2385/2390 cell -- 595-9751 "Balancing the demands of growth and the demands of the community" --~ ...'=-~~. From: Bruce Burkhard [mailto:bjburkhard@comcast.net] Sent: Sunday, September 25,20052:51 AM To: Schmituoseph Cc: HalasFrank Subject: 316 Flamingo Ave, Variance Mr. Schmitt, As I pointed out in my previous email to you, our association is adamant about enforcing the spirit and the letter ofthe LDC. We have stated on numerous occasions both on and off the record that we feel that the builder attempted to use and abuse the system in order to construct a building that is simply too large for the lot. This type of behavior should not be rewarded. At a meeting on Tuesday October 20,2005 in Commissioner Halas'. office you and Mr. White stated that you have already granted an administrative variance based on legal advice from the county attorney's office, We disagree with your decision and intend to appeal at the earliest opportunity. Please consider this email a request for disclosure under the Public Records portion of the Florida Sunshine Law, Chapter 119, F,S. I request that a copy of the following documents be provided to me: 1. Personal notes and emails related to the code violations at 316 Flamingo Ave. 2. Citation of the portion of the code used to justify the administrative variance, particularly referencing the method of measuring the rear pool deck setback. 3. Copies of the job submission as well as any and all copies of the plan reviews by your 3/7/2006 -- -,,,- . ~.- --,~~-,.",-,.._- Page 3 of3 department. 4, Any engineering drawings used to substantiate and justify the safety of the large cap wall. 5, Approvals from the Corps of Engineers for a substantial increase to the seawall 6, Any and all scaled drawings submitted for the job, 7. All emails and other correspondence related to this matter. g, Job inspection paperwork. 9, Any other relevant material. My request is for the purpose of constructing a formal appeal of your issuance of an administrative variance for the setback violation and not for commercial use, As you know there are in fact four violations at this address, I would also like to know the status of each, Thank you for your prompt response to this request. I understand that the County has an established fee for document copies and I am willing to pay that fee, Either I or someone from our organization will stand ready to pick up the documents at your earliest convenience. Sincerely, Bruce Burkhard Bruce Burkhard Director, VBPOA 3/7/2006 ,."- c_______ ..---.--.-,,-..-- 8 QBNAP\492170.! -- ._~ ...- " .-,.....-~.~....._...~ i i , I ! i , . . , , I , " , , Sub]:' RE: 316 Flamingo Date: 10/13/20058:53:50 P.M. US Eastern Standard Time From: JoseDhScbmitt@colli ~HiQ)l.net To: Pri~mrn/...LC@a,QLcQl1l CC: Oavid\(\l~.iQeJ@colli~rg9Y.nj~t PatrickWhite@colli erqov .Il~ Dick I had no reason not to issue the CO. The variance request was administrative in nature, that is the requirements were met and by code we had no option but to approve the administrative variance. Please note that there is no rela eal period for an administrative variance. You are appea ing un er e provisions 0 Ion 2 -58 under the Code of Laws and Ordinances, that is the general provisions have to deal with any appeal of an administrative official of the county. As such. the final CO was issued. You note that we were put on notice but that was in general discussion only. I have to defer to the county attorney regarding a retraction of the CO but frankly given the timeframe since the work was completed I don't see how we can retract the CO given that the administrative variance removed the prohibition on the TCO. We fully recognize that this was an end run around the code that is why we introduced in this cycle of LDC amendments a change to the LDC to prevent such occurrences in the future. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-2385/2390 cell - 595-9751 "Balancing the demands of growth and the demands of the community" --~,---, .---.---. ----..--.,-....- ._.~- . --- -. From: PrlsmmLLC@aol.com [mallto:PrlsmmLLC@aol.com] Sent: Thursday, October 13, 2005 9:38 PM To: SchmittJoseph Cc: CoyleFred Subject: Re: 316 Flamingo Joe, How could you legally issue a CO before the appeal period has expired? Can you retract it ASAP? Even if the side yard setbacks are fIXed it's still up to the BZA to detennine whether or not the rest of the structure is in compliance. You've been on notice about our position on this since before it was first denied & again on 9/25. As we have said before, this case makes a mockery of our LDC! It's a 10 lb. house on a 5 lb. lot! ~ Dick .. .,m_, ___... ~'W"~N -~.~- ......~'" _.._-,.~_.._-- Subj: RE: 316 Flamingo Date: 10/13/20058:05:49 P,M, US Eastern Standard Time From: JosephSchmi1t@colliergov. net To: Prisrmnl,LC@.a~l.com Dick Yes, you certainly have the right to add any documentation to your appeal. The final CO was issued after the variance was approved. However, we still have a code case on the remaining issue with the stairs, I was assured by Mr Hancock that the stair issues was being resolved. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-2385/2390 cell - 595-9751 "Sai;";Clcing ~~~": deF!,..,nd~ ,r gro-'- th a:-;,:; the d'""ma.n:;3 cft'- ':r::ni:---;,:nity" From: PrismmLLC@aol.com [mailto:PrismmLLC@aol.comj Sent: Thursday, October 13, 2005 4:28 PM To: SchmitUoseph Cc: CoyleFred Subject: 316 Flamingo Joe: Thanks for returning my call & confirming that the appeal deadline is October 22, 2005. The appeal was more formally re-filed today as a follow-up to Bruce Burkhard's filing of appeal via email to you on 9/25/05. Of course, you know that we reserve the right to amend the appeal after our public information request is fulfilled and that we may introduce new arguments at or before the hearing after we have an opportunity to see staff's response. It is assumed that because the appeal deadline is in the future that a CO has not & will not be issued prior to the BZA finalizing this matter Please confirm, Please let me know when the your response will be available, Thanks Dick Bing _ _"_H~_" -----. -_._~.__._--_.~--_.__.'- ....- -','-"-'- 9 QBNAP\492170.1 -"-- -.... _. . ...J../,ih o..,/, .,./ B.g AMoo.,;.", B ...J.'/',/, o..,/, Pro".... o..,m A_..IW. anderhilt Beach Zoning Committee J 085 J Gulf.hore Drive Naple.FL 34106 October 12,2005 Joseph K. Schmitt Administrator Community Development and Environmental Services Division 2800 N Horseshoe Drive Naples, FL 34103 Dear Joe: This is a follow up on our earlier appeals to your department. It is a specific appeaL pursuant to the applicable Collier County Land Development Code (CC LDC) appellate sections, to overturn the administrative variances given under Petition No: A V A-2005-AR-782I for the property located at 316 Flamingo A venue. This appeal is being made by: . Vanderbilt Beach Property Owners Association . Vanderbilt Beach and Bay Association . Vanderbilt Beach Zoning Committee Our three citizens groups are on record as opposed to the repeatedly requested, after-the- fact variances for the house located at 316 Flamingo Avenue, legally described as Section 29, Township 48 South, Range 25 East aka Conner's Vanderbilt Beach Estates Unit 3, Block U, Lot 12, The numerous egregious violations of our LDC (four in total) should not and cannot be rewarded in any manner if our Code is to have credibility. Our associations are adamant about enforcing the spirit and the letter of the LDC and its application in Conner's Vanderbilt Beach Estates. We have stated to the county on numerous occasions, both on and off the record, that we know that the builder did use and abuse the system in order to construct a building that is simply too large for the lot and in violation of the CC LDC as further found by the Collier County Board ofCornrnissioners sitting as the Board of Zoning Appeals in May, 2004. Staff on numerous previous occasions opined that the granting of a variance for this property would not be in harmony with the general intent and purpose of the land development code, particularly relating to hardships. (Attachment A.) We agreed with that concept when proffered; we believe it continues to apply. Since September 25, 2005, we have been diligently notifying the CDES office of our organizations' formal appeal of the administrative variances granted by CDES. Our earlier notices of appeal acknowledged any costs associated therewith. (Attachrnents B, Bl) We included in that email a request for disclosure under the Public Records portion of the Florida Sunshine Law, Chapter 119, F.S. on that date. The request was specifically for copies of listed documents so that a detailed appeal document could be prepared, These copies have not been provided as of this date. We now understand that as of this date the county attorney has not ruled on whether and/or how an appeal of an administrative variance can be pursued or whether some other action is more appropriate. Apparently no administrative variance has ever been appealed. Therefore, in the absence of any opinion and ruling, we submit this appeal to overturn the granted administrative variances together with a check fur $1000, which is the fee for other similar types of appeals. However, we continue to request that this fee be waived. -,~ --..---.-.... ~- Background: In May of2004, the property owner appealed to the Board of County Commissioners sitting as the Board of Zoning Appeals. Our position paper relative to this appeal is attached. (Reference B; Attached). The BZA denied these variance requests and ordered that corrections be made to the property to bring it into compliance with the code, No corrections were made. In October of2004, as we continued to follow up on this matter, we were advised by the administrator ofCOES that no administrative variance had yet been requested on the property. (Attachment C). We were further advised that the continued problems with the home were being referred to the Code Enforcement Board for action at their January meeting. COES records show that a variance had been in fact been requested in July of2004 for the rear yard setback, but that the filing was incomplete. We are aware of no action by the Code Enforcement Board despite the vio lations that remain. By January of2005, the property owners had filed a completed application for an after-the,lilct administrative variance for the encroachment of the principle structure into the rear-year setback only, This administrative variance was approved by staff in on January 28, 2005 in violation of the earlier fmdings of the Collier County Board of Commissioners sitting as the Board of Zoning Appeals. No corrections were ordered or made to bring the property into compliance, In August of2005, the property owners filed a request for an after-the-fuct administrative variance for the set back for the pool and pool enclosure only, This administrative variance was apparently approved by staff on September 6, 2005 and/or September 13, 2005 respectively in violation of the earlier findings of the CoIlier County Board of Commissioners sitting as the Board of Zoning Appeals. At a meeting on Tuesday, September 20, 2005 in Commissioner Frank Halas' office, our representatives met with Joseph Schmitt and Patrick White, We were unaware of any action having been taken on the property at that time. We were told at the meeting that COES staffhad already granted administrative variances on the two most serious violations based on legal advice from the county attorney's office which advice was in violation of the earlier findings of the CoIlier County Board of Commissioners sitting as the Board of Zoning Appeals. On September 25, our representative notified COES by email that we were filing a formal appeal of the September decision of the COES staff granting the administrative variances. We made a formal public records request in the same email, Both requests were acknowledged by the administrator. As stated previously to date, we had not received the records. On the morning of October 12, copies of the variance filings were given to us along with some emails relative to the September 06, 2005 variance award. Our associations are adamant about enforcing the spirit and the letter of the CC LOC. We have stated on numerous occasions both on and off the record that we feel that the builder attempted to use and abuse the system in order to construct a building that is simply too large for the lot. The "solution" worked out between the property owners' representatives and the staff to allow this building with all of its major violations to bypass code requirements and full under criteria for administrative variances. and stand as built. is egregious and in violation of the CC LOe. As the pictures which are attached clearly show (Attachments E-E8), the property owners buih what is essentially a cement fence with a rear-protruding lip on top of their seawall to extend the rear line of their property and change the point of measurement for their rear setbacks, Basis for Appeal: I) Staff has exceeded its authority in granting these two variances in violation of the formal fmdings of the Collier County Board of Commissioners sitting as the Board of Zoning Appeals. .-.....- --.----,---.--.- 2) The rear setback required is 10' (120''). Our measurements show only 6'6' (78") to the mid. point oflhe seawall, a common sense measurement standard. (Ordinance 85-2 states that setback measurements are taken from the front face of the seawall which is normally set on the property line. In Vanderbilt Beach Property lines are submerged and seawall is mandated as the rear.set back line.) In this case an administrative variance is possible IF the setback is at least 90" (25% of the required 120") AND there is no evidence that the encroachment is the result of error or action by the applicant. (See LOC 9,04.04; Attachment F). 3) Neither of the two conditions for an administrative variance have been met. Further, the administrative variances granted by staff in 2005 are in violation of the earlier findings ofthe Collier County Board of Commissioners sitting as the Board of Zoning Appeals. 4) We registered a public records acts request for document production with the COES but as of October 12, 2005 not ALL records have been provided. 5) In previous bearings before the CCPC and the BCC sitting as the BZA, it has been found aitd staff conceded that the builder willfully manipulated the review process to hide the lilct that the house had inadequate setbacks on both side stairs as well as rear setback violations in both the 25' principal structure requirement and the 20' pool deck requirement. 6) The contrived solution to the deck setback was to both extend and raise the seawall cap in order to move it into the range where the deck would then qualifY for an administrative variance. This "solution" is in violation of the LDC and CC LOC codes covering the method of seawall construction. 7) The code specifically prohibits counting submerged lands for any setback measurements. This cap cantilevers or bridges out at least one foot over the water and over submerged lands in the overreaching attempt to get a measurement favorable enough to full into parameters for an administrative variance. 8) The BZA in its previous hearing on this property directed that the side yard encroachments (two external staircases) be removed to bring the side yard setbacks into compliance. This still has not been addressed. (See Attachment E) The property remains out of compliance. 9) No final certificate of occupancy may be issued for this property until the property complies with the findings and orders of the Board of Zoning Appeals, The staffhas clearly acted in defiance of the recommendations of the CCPC and the finding of the BCC sitting as the BZA. The administrative variances must be overturned as they are in violation of formal fmdings of the Board of Zoning Appeals and the legal requirements ofCC LOC. Respectfully submitted, ~~ R~ BJ Savard-Boyer, Richard Bing President, VBPOA President, VBBA Chair, VBZC Cc: Commissioner Fred Coyle, Chair Commissioner Frank Halas Commissioner Donna Fiala Commissioner James Coletta Commissioner Tom Henning Col. James Mudd, County Manager Attachments -" -.,--------.--.-- ,~ A- I / I ! No, The Land DeveloplJleut Code providc:'J for 3pccific required yarda, therefore this variance will not be in hannony with the LOC. Normally, Staff would not consider a rear yard encroacmnent adjacent to a canal as being injurious to the neighborhood. However. in this ~. the LDC requires a greater setback 10 that the additional height above the seawall does not block neighbors' views. In this particular case, both immediately adjacent properties have hedges that disrupt the same view of the canal that the encroachment does. Additionally, comments were received from a neighbor stating that the encroachment would be injwious to the neighbors across the canal and to the boating public (as well as not confonning to the Code WhlC~ In general, is injurious). ,. Are tltere natural condidoDs or physically iodoced conditions that ame60nte the goals and objectives of tile reguJatioD sucb as natural presenres, lak~ golC coones, etc.? Yes. The encroaclunent is into the rear yard, adjacent to a canal. The encroachment is ameUornted by tall hedges on the adjacent east and west property lines, which disrupt the same view of the canal that the encroachment f.lo~ In staffs opinion, the canal is an ameliorating factor for the residents on the opposite side of the canal ond adequately addresses compatibility. 8. wm granting the v.mnce be ron~d:ent with tbe Growth Manaa:ement Plan? Approval of this variance petition will not affect OT change the requirements of the Growth Management Plan. EAC RECOMMENDA nON: The Enviromnenlal Advisory Council does not normally hear variance petitions. aDd did not hear this variaoce. STAFF RECOMMENDATION: Traditionally. if a variance is nol approved, the encroaching structure or portion of the structure must be removed. In thiS case. the petitioner has me abilily lo apply for llIl Administrutive Variance to remedy the encroachment of the principal structwe. Staff originally analyzed this petition in 2002. Since that time. a change was made to the variance criteria, which allowed consideration of "practical difficulties". An amendmentlo lhe LDC was also approved whicb pennitted encmachment~ of up to 25 percent of the required yard to be approved if the encroachment is not due to error or action on the part of the applicant. (n the case of the pool and screen enclosure.lIu: petiLioner tnIIIy inCrt43c the hoight of the seawall so that the pool deck is less than 4 feet bigher than the seawall. That would result in a required VA-2OQ1-AA.11'08 May 20, 20041 ....Sol 10 ~..-._." ,-,._,-_...." ..._---'~.._-_._.__._-~--_._- , 13 From: Bruce Bur1<hard [mallto:bjbur1<hard@comcast.net:] Sent: Sunday, September 25, 2005 2:51 AM To: SchmlttJoseph Cc: HalasFrank Subjed:: 316 Aamlngo Ave. Var1ance Mr.Sc:hmltt. As I pointed out in my previous emlillO you, our association is adamant about enrorcinsthe .pirit and the lcuer of the LOC. We have stated on numcrout OCClIlion. both on and offlho '....d that we fod that tho buader attempted to uso and abuse the syotom in order to construct I building that i.,imply too large for the lot. Thi. type of behavior should not be rewarded. At a meetinS on Tuesday October 20,200$ in Commissioner Halas' office you and Mr. White stated that you have already granted an administrative variance based on legaladvlce from the county attorney'. office. We disagree: wilh your decision and intend to appeal at the earliest opportunity. P1ease consider this email a request (or disclosure under the Public Records portion of the Florida Sunshine Law, Chapter 119. ES. I _ that a copy of the following documents be provided to me: 1. Personal DOles and emails mated to the code violations at 316 Flamingo Ave. 2. Citation oCtile portion oftbe code used to justifY the administrative variance, particularly referenciog the method of measuring the ,oar pool _ ...hade. 3. Copies of the job submission as well as any and an copies oftbe plan reviews by your department. 4. Any engineering drawings used tn suhstantiato andjustif}- tho safety of the largo cap \\1111. S. Approvals from the Corps ofEnginec:rs tor a substantial ina-ease to the seawall 6. Any and aJlscaled drawings ..bmitkd fur tbe job. 7. AU cmajls and other COITespondence related to this matter. g. Job inspection paperwork 9, Any olhenelovant matoriaJ. My request is for the purpose of eonstructinS a forma1 appeal of your issuance oran administrative variance fur the setback violation and not for comma-ciaJ use. As you know tbecc arc in fitct four violations at this address.. I would also like to know the status of each. Thank you for your prompt response tn this ,equ.... I undentand that the County has an established 1i:o fur documoot copies and I am willing to J.'8Y that fee. Either I or someone from our organization wiD stand ready to pick up the documents at your earliest convcoiencc. Sincerely, Bruce Burkhard Bruce Bwkhard Director, VBPOA ,--._-- --~"' .._------ Bll) REFERENCE A From: SchmlttJoseph Sent: Sunday, September 25,20058:13 AM To: 'Bruce Burkhard' Cc: HalasFrank; estradamarla Subject: RE: 316 Flamingo Ave. Variance Bruce Understand. I forwarded your request to our records room. Our staff will contact you to coordinate pick-up and to advise on the required fees. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-2385/2390 cell- 595-9751 "Balancing the demands of growth and the demands of the community" ~---'-- C YANDERIlll T lEACH ZONING COMMITTEE POSITlOHRf: 316f'lMn1noo~V~ VA-2OO1.NH706 - ~n: SbrtI' is recorrrnendlng apprOVllI c! this variance, ,,.ml.., That LDC 2.7,5.6 (3) grants authority Ix> apP'ove I vorlanee Wa denial would work undue hardship on theoppflunt Ind create pnlCtical ditllcultles. Y8ZA eo_.,.,.....,: The County lacks the author1ty Ix> grant 11116 variance, That section d the Code CIflnot ~ held to be the operative portion d lI1e rules on verlances. It rather is Intended to guide the Pllonnlng Conrnlulon In making ill non-blndlng. edviso<y ~on Ix> the Board c! Zoning Appeals. It is the position c! the V8ZA IIIot the ontira val1lnce section nut be "'ad 'In pari moterIa' with no portion c! the regulation. rendered meonlnglos& or insignificant. WhlIe _ (3) <en be read to favor. vlrlance, subsections (2) and (5), among eth"", clearly favor donlal. The Planning ConTniulon 10 to be guided by All c! tho provisions c! 2.7,5,6, The load provision c! the variance section, lDC 2.7.5,1 provides one two-part lest, and alt8maUvely, one three-parl test... neither c! which can be met by this petition, The LOC, ICCOrdlng to Section 1, is Intended Ix> be Interprel>id as to construe "the true Intent IIl1d meaning c!the sec,"That requirement would -.. to obviate the abstract reading c! a single Code provision to the exclusion c! ether section. tI1at would lead a reasonable person to a contrasting conduslon. We need not look far tar materfal to support tI1at _....t. Collier County Pllonning staff has established an impres&lve record in opposition Ix> the very claim ~ makes in 1I1ls variance request. In Variance Petition VA'2002-AR-3379, in February 0( 2003, staff recon-<nended donlal of a 1.8-foot variance from a required 10-f00t setback with this reminder: The regu- _ing the _ of buildings _ drafted pr/mIIri/y to reff<<:t tile COI17It1U11fly~ desires frx l1lIIinWning minimum life, health, sa/l!Iy, /Ig/1t, and av standarrls, and a,. est1Ibllshed in the Land DeYO/opment Cede. The Executive Surrmary for that proceeding, heard as item 7H at the May 13, 2003 CCPC meeting, concluded Its recommendation Ix> the BZA of denial witil thusly: It is staffs opinion that the g_~ of the YiJria_ will not be in h4rmony mth the genera/ inlient and putpOSO of tile Land Develcpment Code, spedIiaNy, there"", no land re/attd hardships, and no special or pm-existfng conditJoM_ a,. _10 the propefty. In another proceeding, this one before the CCPC on January 13, 2004, staff.again A!COIlltlll'Cllded a deniaJ of a variance request with these responses to the consideration. In 2,7.5.6: 71Iere Iff! no special cond~s and chr1Jmstanres _ exist on the propefty. This lot _ the mininrm lot.,.., _itements (6,000 sqlMre feet) and meets the miniroom lot width _itements (60 feet). The _ of a VN8ttc4 is lD 1IIIe_ a h4rdship inherent in a piece of land. In this"- the app//cant's harriship is a RmIncJa/ 0fItI that is --1trpostd.-land] not a _ip that is inhtnnt in the ,."., thenIixo It does not meet the h4rdship crIINia. /p]ersona/ hatriships Me not inherent in the ,."., and cannot be CDnsidered 10 _ tile harrish/p _ as ~ by the Land DewlkJpmentCode. Before the CCPC on September 25, 2001, In a variance request from the Vlnderbit VilIos PlIO, _ made these salient poin": The subjea site is a legal COtT/brming lot of reconi mth no""" _ hardship. StaII'is also of the opinion _ the - could have been des/(;n<</Io meet al the app!icable _ requirements. -...; t'the developer submit!Jed the _Information, the bulldngs could h41ff1 betJn designed and aNIS/nJcIied 10_11.._ ""lulntments. _101"" there Me no land ,.""IM hmJghfps. ~ _11__ '""" recommending approyal [ErrclhasIs In the original report.] Ills dear that staff, In a number c! very similar 'hlrdshlp" s/tlJaUons, has bolaln a dlamatrical1y opposed pasilIon. The 316 Romlngo property ..- tho mlnl.....m bullclng lot crItoriland .l'uHy confonning structure could have ....n built with only a re......bIe a_nus to the building c;odes. The requested vartance shou/d be denied on the (lfOUnda that tha LDC provides no authority to grant. variance for hlrdshlps I1<ll related to the land IlseW, or for hardships created by IncohIP""ce, m1_nce, or mall'euance. It is the ultimate responslbIIIty of the ilIndo_ to lIISlInlll1e use c! owned land is l'ully COI11IlIilInt _the law. A Iw-r may or may not ha.. righll of recovery from suppliers, con_. or .....,Ice pIOVtdera...but ~ is not up to the public to bur the burden d Iny IlI-tatecf project tile! ftn<ls IlseWout of COII1>Uance withln-place building c;odes. -. ----- "-----~-_.__.-.- ".""",-' _-the-fad: v......... Ire _1Iy potdonI. _ p_ should be IlIre. InfroqUln!, ""d oppllod only In _dlnory clrcumllllnCII, CourtI gonnlly trill Vlrtoncos wlll1 \l!!IIl ~iIm, holding that they only be UI4ld ....ringly to corroct un"" In nblo 10)1_ In __ Wllktlll'tod ..... Th. """,d to dIIl1 on tI10 glllntlng d _-tI1o-flct Vlrtoncos In Collier County I. a lI10meful on.. The polltion for 1110 varlanco. at 316 Flamingo. before tI10 CCI'C on Thunday, May ZO, 200<1. should be denied, 111. pooIl/on 01 county planning oto1f recommending Ipprovll _anding, _. for doniol: Secllon 2.7,5.1, Purpooe: In opocJflc c:oses, VlrIonco from 1110 lIlTTII d lI1il zoning code MAY be granted whore 5lIId variance WIll NOT be conlrlIry to the public Interest, ..rety, or welfare AND where cwIng to speclol condltiono peculiar to 1110 property, 0 diminution of a rogulatlon Is found to hove no measurable Impact on 111. public Interest, ..foty, or welfare; OR a Ilteral enforcement of 1110 zoning code would resu~ In unneceosary and undue hardship or pr1lCtical difficulty to tI10 owner of the property AND WO<lId oII1erwise deny tI10 property owner 0 level d utilization 01 his/her property that Is ~t with lI1e deoIdopment patWn In the nelghbomood AND dearly has no ad..... effect on tI10 COImlUllIty atlarg. or neighborhood property owners. D_: The flrot Mo dauoes form one group of condition. that must be satisfied lxlgether to justify a variance. As on altemolM!, the II1ree last clouses IOOSt .0 be _eel to justify the issuance d a variance. It's not enough, as staffopPHfS to be saying, that a han:fship exists. otI1er condftOOs must also be _t in eo<minatlon with oII1er spocIfied paremeters. Let's look III the flrot set d conditions. ThIs says a varlance MAY be granlld W not <X>nlraly to the public interest, ..rety, or welfare. Whllo k might be dlfflcu~ to _ the vartonce would directly IfI'ect ..rety or welfare, Is ~ not In the public: Interest lI1atll1o building codes be followed to lI1e tun oxlInt d thelr pulpOOO? ke not building cod.. In place to....... a c..-nt level d public: ..rety throughout a given political entity? Is ~ not contrary to tI10 public: InbIlrost to IoIerete lax OlIfotCOl'lOIt dll1. building codes? Next, note that lI1e ftfSt pair d clauses ALSO requires that a _nee gran,"" here be lied to a special condition peculiar to the property. Th.... .... no edsting Ia_ condftOOs. The _ce foils to At!sfy the flrot set d conditions. The second .nd only remaining list rests on the fll1lll three clou.... Hete we have to AlIsfy II1ree concurrent ooncIItIons: und\l. hardship, a denlel to 1110 property owner d o level d _lion an 0111.... enjoy, and proof that 111. gnlnt d the variance would have no 1<1...... eIrect on lI1e cOl1YnJnlty at Iorge. GrontIng d veriances after the flK:t most assuredly .....,n an .cIverse effect on 1110 community. simply because with ooch vlrillnce grented ClIlUOIIy, respect for lI1e _r d the law erodes In 0V0I'-1af1lOl' Incnments. The second condition, that tI1e ~ owner, _ a vartonce, wiD be denied a level d utIIIzallon onjoyed by the nelghbon, Is pallntly Iudlcrou.. Notable 0111.. Ire complying, 10111I III the consldoroblo _ d having had to INr ~ Ind rebuild. This property owner would be gronllod I opociIol privtJego by . v.rtonee, to the greet dIsodvonlllge d ll1OIO who obeyed the law and rebuilt III cod. standII'd. and even I'Ilolng the poaibIHty of. vIolollon d the oqu.1 proIoctIon provf1lOl1l d tI10 law. Thil verla"", _ be denied. Tho P<OVislOno d LDC 2.7.5.1 do NOT provide that honfslllp 01_ JuotitY I verIance. The hardship must be proven to _ In tandem with aN the oII1er pnMsIono d the LDC. The facts d this CIlO do not support . v."'nce. " -'-'.'---'.'~ .--...-.-- - -- --~-~~~- ._-. .. r[J From: SchmlltJ088Dh To: Bruce Bulkhard Cc: Richard Blno ; BJ Bover 8ent: Monday, October 11, 2004 9:26 AM 8ubJect: RE: 316 Flamingo and other variances Bruce , More on the Issue, To date we still have not received any request for an Administrative variance. As far as the code enforcement is concerned, legal staff is reviewing the final NOV which will subsequently be re- issued this week. All we can do now is move this issue through the code enforcement board, Joe -----,--~+ __,.+,_, _.___.'"M_____ -....---- ,-",,--,.- EI From: Bruce Burthard To: Frank Halas; Frank Halas Cc: Richard Blno ; BJ Bover Sent: Thul'lday, September 08, 2005 11:25 PM Subject: Fw: Flamingo seawall Frank. Here are 80me better shots of the seawall "repair" at 316 Flamingo, Note the cantilever overhang . clearly an attempt to say that they have a 10' setback, The overhang is an additional foot out beyond the old (and neighboring) seawall caps. After all of the monkey business they still fall short of the required 10 foot rear setback, There is no way that this bold attempt should be rewarded with any kind of a variance. Note a180 that the encroaching side stairs remain and the pool bathroom is al80 still in violation of the setback called for in the code (by 80me 4 feet.) The CCPC and the BCC previously determined that this building Is an egregious violation of the LOC and they both said that these violations needed to be corrected. In no way did they encourage a whitewash and a coyer up with a series of administrative variances. I agree with the concept that small technical mistakes should have a reasonable recourse through the variance process however when a building goes so far outside of known parameters that it can only be assumed that the exceedences were intentional, County govemment Should not reward this type of behavior. This building was constructed by a seasoned builder well versed in the code requirements of the County. Pleading ignorance or hardship Should have absolutely no bearing in this case. A clear and unequivocal message needs to be sent to this buHder and all others who would em utate his practices. If an administrative variance were to be granted our whole system of rules and regulations would be a mockery. I urge you to enforce the findings of the BCC when it met on this issue. Should the BCC be forced to revisit every decision they have made? The LOC is intended to be interpreted as to construe the true intent and meaning of the BCC. Your staff should be carrying out the intent of the board not subverting it by encouraging specious means of getting around the intent of our codes, As further evidence of bad faith I have enclosed a set of three pictures (scan,jpg) that were presented as evidence at the BCC meeting which Clearly show that the seawall is in fine shape and matches the condition of those of it's immediate neighbors. The permit for this travesty was applied for under the guise of "seawall repair," The house and seawall are Practically brand new. certainly less than 5 years old. My seawall is over 15 years old and still needs no extensive repairs, It strains credulity to believe that an extensive seawall repair would be required so soon on the seawall at 316 Flamingo. I can't believe the amount of time and energy that you and we have had to expend in order to make the staff do the right thing which is to simply uniformly and fairly enforce building codes as spelled out in the LOC. Thanks for all your efforts on behalf of all of the citizens of Collier County. Bruce --,.._-".-~-,_.__.~-- ..~_. , .. - l~ '.-.;:::;' . -, , .. - __T ,;~'":..::.... - - ~ ,- , --. . ..,:- . . . .'c; " I "- I ", . \ . I '" -.. \ ~ ,.:- , ....1~'.\: ','" - .' .....,j:..) .. , ,. ._~ ,~ ....,; ',"," - - 114. "4 ., , ' .. .~. .' .. , " - it 1 I \ .;, . ,.... ~._" ,.r' ", .- , _...._ ~ 0..::-.',,1,,',':+' ",_~~,'~.,l.",,\"~ .' ~. ",~1:" ,..:7,!}" 4.~.,.'l ' ; ;"".' ..) \ / ,It , . '" ~ .. , ; " , ~ . - ,-:.' ~;~il' .. -- - "_"'\0. '":..a.:r.w'" 't :., ~,'t, ',:' ~ ;' I /... -' , , .. .. ., ." ""d. ", -'... Jili: \/ 'i'.' ; .. \ ~--- , , , ~ , , I I' - . to ,,- ,. , --. '-, - , /r'" "", " ,I , ' I .' ," , . . . _. '_ ,'" I '''---'';'''-'':' :~:r::' ' -.,~--~- ',.. ---'----L....______ ~ " , 'I t! " I .0- I -- --------- , ~~ r - . )ii ::..-';' (- .... " . . ~ .. , .~ . '. . ~ ...F",~ .,~. ..------ ~ ;~._.- , " I , (",' . , ~ I : " )1/ 11 , r 'Ji 'I , ~~, ',' ,:' ..._-----.----_..~-_.- -;", .,,_..~-" " C'_'~" .-......- -.---_.,._"..._"."-_.:~....,,._........._. _co, _~_' "........_~_--.....-~..,'''__ "'._.~,,_ >_, " ~ . ." F LDC 9.04.04 Speelftc Requirements for Minor After-tbe-Faet Encroachments A. Struetures for which a building pennit has been issued and is under review, but for which a certificate of occupancy has not been granted, The County Manager or designee may administratively approve minor after,the-lilct yard encroachments of up to five (5) percent of the required yard, not to exceed a maximum of six (6) inches. For single-family, mobile/modular homes, duplex, and two-filmily dwelling units only, in the presence of mitmatinJz circumstances. where the encroachment does not result from error or action on the part oftbe applicant, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent of the required yard. ._._-~ --- .. 10 QBNAP\492170.1 -"-,---- coMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Office of the Administrator 2800 N. Horseshoe Drive. Naples, Florida 34104 . 239-403-2385- FAX 239-403-2395 Administrative Appeal and supportive documentation received on October 13,2005 from BJ Savard-Boyer, President, VBPOA and Richard Bing, President, VBBA, regarding Petition No. A V A-2005-AR-7821, for the property located at 316 Flamingo Avenue, Naples, Florida , J seph K. 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'. g,~~ en ~.:-,o 12 QBNAP\492170.! -,-~.".__._._._._-- '-'J ~ n_J ;,~" ' . , . ,. , COLLIER COUNn' LAND DEVELOPMENT CODE STAFF Ci..ARIPICATION ,-; :f """"'PI.ANNlNG"""~SC_ \ --- 1 ., , :; DATE: 28 O<:tober1998 LDC SECTION: Section 2.6.21 (Dock facilities), Division 6.3 (Definitions: "yard, waterfront) INITIATED BY: Planning ~Wf as the result of a request for cllU'ifkation from Customer Service Agents regar<ling meaSlUement of structure ~tbarks and dock protrusions from ~awalJs 'llACKGROUND/CONSlDERATIONS: Section 2.6,21.1. of the LOC .tates that....protrusions as well as extension of dock facilities ate measured from the property line, bulkhead line, shoreline, seawall, rip-rap llne, or Mean High Water Line, whichever is more restrictive." Division 6.3, . <lefinilion of "yard, waterfront", stat.. that" 'nopen space.n<lepth (is) m"",,ured from property , line, bulkhead, shoreline, seawall, mean high water mark, access easement;, whichever is the most restridive," SeaweIlslabs are a minimum of .s feet thick, and seawall caps a minimum of 1.3 f""l wide, eIlowing for over 1 foot variation In measurement;, depending on whi<'h side of the .ea'Wall :J or cap is used to measure the setback, for structures On land, Or protrusion; for docking facilities, DETERMINATION (CLARIFICATION): The measureml!lttfor both structures and <locking :~ facilities should be taken from the outer (water) side of either the ~eawaU or S<'.llwall cap, ll$ J shown in the a!:tached diagram. ~..; AUTIIOR: F.o~~ Gocl1enaur (for Rob....t J. Mulhere. AlC!', Direclor, Planning Service. '/ Department) 1HROUGH: Ronald F. Nino, AICP, Manager, CUlTenl PlaMing SediQn) ec: Johnnie Gebhart;, Senior Customer Service Agent Supervisor , ... .'. . , ., .oJ.'. .~._. --.._- -..,.--- .-.~~--- , p# ' 7 'In- ---J . ' . ( J)OCI< \'=>.RoivN.JION ST~u~i'U~E: .sG;'rlMc.~ I Cfl,-P w SE:AL<J11.(. .51. ~ 13 .1- ~~~ ~............... .- l-TIC,CU' u R b po ~ 0 t\{ e:: l 1\"1 1:::". U+p Ol~ SE:A LJ f"1ll .( 01.1 OtirE."t C W I'l- ']'t;::R.) .sIDE , , . -~. --0 i, .-.--'..' 13 QBNAP\492170.1 -"- _.~--_.~-"---""-'.~ .----. ----.- ---~-_....__.- , F' LDC 9.04.04 Specific Requirements for Minor After-the-Fact Encroachments A. Structures for which a building permit has been issued and is under review, but for which a certificate of occupancy has not been granted. The County Mariager or designee may administratively approve minor after-thc-fact yard encroachments of up to five (5) percent of the required yard, not to exceed a maximum of six (6) inches, For single-family, mobile/modular homes, duplex, and two-family dwelling units only, in the presence of miti~ating circumstances. where the encroachment does not result from error or action on the part of the applicant, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent of the required yard. .-_.-._~_...~--"-..__.~..~."_..-.- 14 QBNAP\492170.! "-- -.-- - - Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. (b) Due public notice of the hearing on the appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. (Laws of Fla. ch, 67-1246, ~ 16) -- -~-,^ -,"..- Agenda Item No, 78 March 14, 2006 Page 1 of 28 EXECUTIVE SUMMARY Petition: VA-2005-AR-8616, Daniel Hamilton, represented by Davidson Engineering, requesting a 2.5-foot after-the-fact variance from the required 37.5-foot front yard setback for a corner lot in the (E) Estates zoning district to permit a single-family home that is currently under construction. The subject property, consisting of 2.58 acres, is located at 4625 30th Avenue S.E., in Section 28, Township 49 South, Range 28 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) determine whether the requested variance is consistent with the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) and is in the best interest of the community. CONSIDERATIONS: The petitioner is requesting an after-the-fact variance to reduce the front yard setback along the south property line from the required 37,5 feet to 35 feet to permit a single-family home that is currently under construction, The subject property is zoned Estates (E). - The Collier County Land Development Code (LDC) requires a minimum 75-foot front yard setback for principal structures in the Estates district (LDC Section 2.07,00 Table of Setbacks for Base Zoning Districts). LDC Section 2,03.01.B.1.a, allows the reduction of the required front- yard setback along the longer lot line ofa corner lot to 37.5 feet in the Estates district, so long as no right-of-way or right,of-way easement is included within the front yard, The Collier County Building Review and Permitting Department issued a letter to the contractor, Pocchi Construction, to inform them that the spot survey, which is required to be provided as part of the building permit process, had shown a 2,5,foot encroachment into the required front yard setback. The letter further states that the site plan that was submitted with the building permit's application (Collier County Building Permit No.2005020239), did not reflect all the legal restrictions on the property, and thus, did not depict the correct width of the property to the right-of-way easement. The letter concludes that had the actual width of the property to the easement been depicted on the plans, the setbacks, as shown on the provided building permit site plan, would not have been approved. The petitioner maintains that the contractor was not aware of the required setback due to miscommunication with the surveyor and the Building Review and Pennitting staff, and that the encroachment had been discovered upon submission and review of the ] O-day spot survey. According to the spot survey, the structure meets all other required setbacks, ~ POCCHI VARIANCE, VA-2005-AR,8616 EXECUTIVE SUMMARY Page 1 of 3 .~-_.~----- "'''~''''''<'''''.,._,~,;, Agenda Item No, 78 March 14, 2006 Page 2 of 28 FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County, GROWTH MANAGEMENT IMPACT: The subject property is located in the Estates designation of the Future Land Use Map of the GMP. Variances are not specifically addressed in the GMP, therefore there is no GMP impact associated with the variance. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition, ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition V A-2005-AR-8616 at its February 16, 2006 meeting, and by a vote of 6 to ] recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staffs stipulations. Since this petition did not receive unanimous approval, it cannot be placed on the Summary Agenda, The dissenting CCPC member, Donna Caron, noted that in her opinion this petition does not meet the provisions to grant variances outlined in Section 9.04.01 of the Land Development Code as the reason for not recommending approval of this petition. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Section 9,04.03 of the LDC. These evaluations are completed and have been incorporated into the attached staff report, The Board of County Commissioners must utilize 8 criteria in considering a variance petition (see professional planning staff analysis), This analysis appears on pages 11 and 12 of the Staff Report and is summarized below: It must be understood that the Staff Report and Executive Summary are only part of the picture. --- There will be evidence presented by the petitioner, and members of the public may speak at the hearing on this item, The Board must also take into consideration that testimony as it relates to GMP consistency and the 8 standards for consideration for the variance. POCCHI VARIANCE, VA,2005,AR,8616 EXECUTIVE SUMMARY Page 2 of 3 Agenda Item No. 7B March 14, 2006 Page 3 of 28 The Board of County Commissioners may impose reasonable stipulations, safeguards, or restrictions upon the variance. These stipulations, restrictions or safeguards include those requirements necessary to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is required to approve a variance. SUMMARY: Staff has analyzed the guidelines associated with the variance request and has determined that although there are no land-related hardships associated with the variance, the distances from the subject property to the affected surrounding homes and the existing dense vegetation within the properties, are conditions that ameliorate the impact of the reduction of the front yard setback along the south property line. In addition, the subj ect property owner would be the most affected property owner of any negative impacts associated with the nearer location of the subject single- family house to the roadway. ZONING DEPARTMENT RECOMMEND A nON: Staff recommends the Board of Zoning Appeals approve Petition V A,2005-AR-8616 subject to the following conditions: 1. The variance granted is limited to a 2.5-foot front yard encroachment along 30th Avenue ,.. S.E. as depicted in Exhibit A; and 2. The variance is limited to the existing principal structure. If the subject residential dwelling structure is destroyed for any reason to an extent greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure must conform to the provisions of the Land Development Code in effect at the time ofreconstruction, PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review .~._. POCCHI VARIANCE, VA,2005,AR,8616 EXECUTIVE SUMMARY Page 3 of 3 .i\g8nd01\8m No 78 MarCh 14,2006 Pag,-'il of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS It.mNumber. 7B Item Summary: Th15 itllm reQ,ml'stllai ~Ii parli~ipllnls lleswm!>In and ex rmrta qisCIQsurebe priJ.idell by Cnmmiasion membf;r~, VA-2005-AR-86f(;, D~nl&1 Hllmilt."", "\prns~nt"d by Davids"n Eogineering, requllst.lnga 2.,..toot.atter.lhe-ii!(;t.Milln",,, from therequirlld:J7,5-faatt.runl yard settmd lor a ';orner iot In the (E) Estate~ l(min[~ di~triCl to p'irmit a single-farmly home 'nst ,,,,.\Jrrenlly underconatruction, TnesiJt!jeclpmperty, ""nsl"lingol~.,5f:iacr",s, ifilucat.ad al 4b25 30th Avel)iJfJ SE in SilcliDn 20, TOWNI!)I... 49 Soulh. Ha"!I1l 28 EllSl. CoIlJO' County, Florida M..llngD.t.: ;l/14f200f SlOO 00 AM Prepared By Carot,nsValcl"lI Urhnn O~~lgn f"IA"n~r D~l~ CClmmunlty O"Vl'!I"lIm~nr. & Z""'"g& L~ndDevel"pm..nIRe.i..w 2128.'2Q065:111,311PM fn.lronm..nlaIS"",leu Appro.edBy S"8~n Murray, AlCP Zo,..ng&La"d th>vI'I"pm,mIDirltc\or Dnl" Cnmn.."'ilyO"""lop",,,"t/l. Zon;ng & Land O..""lopmnnIRe.ie", 3!1i200fi 8;59 AM En"lronmfltllllIS"'viCeA Approved By Con<ll"ncoA.JoIHl8on Dper"'IioMA""lyet 0.- CommunllyO"""lopm"m& CommunilyD.."ulopm..nl& 3fiI201169:45AM Envlronm..nliltServi""e Envl,,,nment,,1 S""';"'es Admi" Appro~'cd By S;u\llmLu E."wtiveS"creIMY Dale Com""",;lyOe"elopmenlI!; C(}mmu"il~Df'""I(}pm"nl& E""ironm",'I';'; S~''''C''8 E"",ronm,,,,ral Se,,,k,,s Arlm,n :!.i1.12Q0610;2GAM Approvlld B)' Oo",,,lllL.Scort Tmm;portalionPI",n"ingDir"olor 0"1.. Tra""""rtall""S"",'c",, Transpo"atr"nPlarl'ling 311,'20IJC,O;56AM Approvcd By Jef~KlaUHOW Assi",a~ICountyAtlorn"y Dale - CourllyAttorney Cou~ty A\l"rn~y Offic~ 3fli200r,5,JOPM Approved B~' NormE.h"..r,AICP T"",sponanon Oi~;sio~ A<lml~lslral"r Dale T<anslJortalionScrYio,,,S TrollSp"'lali"n Servic,,"Admi~ 3mZOC6"nAM Approvcd By Co'''munii~ O""elopmMlj It. Josoph K.Schmitl E"~Jl'O~,,.,,~~wl Services Admi",;!",l", Oal. C"",m""ityO"v"lcp,n..,.,t& C"",,,,,,,'ityDlw,,iclJ"'~nl& Enviror"MnuISo("i~M Envi'''''tt1o''laIS~'v;ccsAdmin Ji2i200G W,OOAM Approved B)' RayB.I!ow. ellle Piann~r Dalo Com~I"'\ity De",dopmenl &. Z"~i"\i Ii. U""I O"",,Ir,po,,",,1 R~"i.,w ~!2i2Il1)G 11:ne AM r;nviro"""mf.,ISNvices ApprovcdBy OMBC"",di"alO! lidmi"i,,,~jjv,, As~i,;.1nt n"u. CmonlyMa"agllr'.01fke Offie" of MMapMrW"i.. Budget 3l21200r,1,3?PM ApprondBy M~rk I,,,,,,,,.,,,, ""tlgeIA,.,,,Jy.1 D"I~ COl.:""y M~~.a!J"r', Office Office of fJlan~~"men1" Buuget 5iZ'2005s,nPM Appro\'cdB)' ,i"m,,~ V. M~Jrc"'-mty C(;r;""'J;"i,,,,,,,, c"""t\, Mnn"w"~ Obu ~;V20063,25 PM ._,,"-- ...- --~~ ._._-,---- --.-.------ Agenda Item No. 7B March 14, 2006 Co1t/rr Cou.nty Page 5 of 28 - --..;~- - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 16,2006 SUBJECT: PETITION V A-2oo5-AR-8616 (POCCHl VARIANCE) PROPERTY OWNER/AGENT: OWNER: Daniel Hamilton AGENT: Davidson Engineering, Inc. 12855 Collier Boulevard 2154 Trade Center Way #3 Naples, Florida 34116 Naples, Florida 34109 REOUESTED ACTION: The applicant requests a 2.5-foot after-the,fact variance from the required 37.5-foot front yard setback for a corner lot in the (E) Estates zoning district, to 35-feet. GEOGRAPHIC LOCATION: The subject parcel is located at 4625 30th A venue South East, further described as Section 28, Township 49 South, Range 28 East, South \12 of Lot 74, Unit 90, Golden Gate Estates Subdivision, Plat Book 5, page 29 Collier County, Florida (see location map on the following page). PURPOSFlDESCRIPTION OF PROJECT: The petitioner is requesting an after, the, fact variance to reduce the front yard setback along the south property line from the required 37.5-feet to 35-feet to permit a single-family home that is currently under construction. The subject property is zoned Estates (E), The Collier County Land Development Code (LDC) requires a minimum 75-foot front yard setback for principal structures in the Estates district (LDC Section 2.07.00 Table of Setbacks for Base Zoning Districts). LDC Section 2.03.01.B.1.a. allows the reduction of the required front'yard setback along the longer lot line of a comer lot to 37.5 feet in the Estates district, so long as no right-of-way or right-of-way easement is included within the front yard, v A.2005.AR.8616 Page 1 of 14 C!)<O'" I ! I ,~g~ . I ! . I I " 0 f-.... I .,,<0 I - ~ I I E~ (]) I I . . , (]).c Cl ..~ -I I '::2cr ~ ::I "'''' I, . ~I I I -g~ . . . . . I. (]) .-- I Cl --,."". . -0: .\ . . . . . I . D. -.-. \ I <( \ I ~ I . . . . . . . I . . I . . . I W . . I I l- I - - -..-1- -- -- en ---- i I I I · 1 · I . . . , . . . . . . . . I -.'.'.- I ID I . - . I . . . . . i ID I ID ---,. I ~ . . . . I . < . . i I . .. .._- '" '" .. - --- / I- .( > .. z 0 ;: ;: I W ll.. U Ii ,!c " ~~ D. 00 f'3 <( n : ~ .. . al z ! 0 .. " . " " - I- ~ ~I <( u 0 ~ ~, li6 "tI.~ ~~ - !;!-I ,.P' ~ ",6 ~ V A,2005-AR-B616 Page 2 of 14 ----.- Agenda Item No, 78 March 14, 2006 Page 7 of 28 The Collier County Building Review and Permitting Department issued a letter to the contractor, Pocchi Construction, to inform them that the spot survey (Exhibit A), which is required to be provided as part of the building permit process, had shown a 2.5-foot encroachment into the required front yard setback. The letter further states that the site plan that was submitted with the building permit set application (Collier County Building Permit No.2(05020239), did not reflect all the legal restrictions on the property, and thus, did not depict the correct width of the property to the right-of-way easement (Exhibit B). The letter concludes that had the actual width of the property to the easement been depicted on the plans, the setbacks, as shown on the provided building permit site plan, would not have been approved. The petitioner maintains that the contractor was not aware of the required setback due to miscommunication with the surveyor and the Building Review and Permitting staff, and that the encroachment had been discovered upon submission and review of the lO-day spot survey. According to the spot survey, the structure meets all other required setbacks. SURROUNDING LAND USE & ZONING: North: E (Estates) zoned property (vacant) East: E (Estates) zoned property (vacant) South: 30-foot road easement and 30th Avenue SE and single-family house, zoned E (Estates) West: DeSoto Boulevard S and E (Estates) zoned property (vacant) J 61 , &8 87 5 80 86 59 58 57 . i 58 SUB.JECT PROPERTY 55 54 75 53 7~ 83 g4 99 110 115 I t 52 I 17 8.2. 9S 98 111 114 ZONING MAP v A.2005,AR'B616 Page30f 14 Agenda Item No. 7B March 14, 2006 age 8 of 28 . - BOUNDARY SURVEY ~DoS O?"o d<6)- ~f 0 I I ~ ~"Ci. ",-r it-' E~\e I ~ I I ~~'" ~~~~;,1'"~""CT1J I ~;:: I \'f'~,JCI,.,o~~,rr ~ I e~ I f, ~ ",...1> ::, t- -I - ~ -~ - - - ~.o:.... - - -i ~'" ~ ~ lllZll I ~.\~ I :Eo c~~ . E.. I bl 8 '" I " RellAINDeR ~ - ~ I I ~ TRACT 74 "" I (VACANT) I SET SET II j ....... ~..., ~ ,,,... 589'40'50"E 680.0'(P&M) ..., ~ ~ "I e30.0' SOUTH 1/2 b 'J b~~ .,; TRACT 74 Ill. ~ ~ - o oil ----------~~---------- '""<>- ..,... ro ...... ...... goO ~= ~"" '" _ _ _~O'_ _ _ _ ___ - "'- - UNIIPROWJ) ROAD il 6!1O.0 (PIcM SET ,- ------------ I I -' I , I ~~~ JllfACT " I I.Ni 20.0' io 10.0' :,j b 'io ~ 13.0' :;i '" l!! ENLAlI&ED DETAIL FOUNDATION EL-16.8' LEGEND/All8RE\flATlONS 7HIS SlAnEY IS __ FIlII: o x' arJN PfIf W/t'A" polJ "~."'If.ANC!/IIIr", DANIEL HAMIL TON and MICHELLE HANfL TON ::: nc ~(;_ o n<<J.__ . BfPIC>itlAIIK '"Q.POIof1I''''lll.C . "'" r' . r;.(cr.~ . frO ",_w-~" p. "A~ (). octO !.mAL DESCflIP77CN {. I;fNIlIfIMf. Of.DR~AGECI.srlllEllr 5 1/2 01' 1I?ACT 74. GOUJ<N GA T! .",11 II Mt a wtlllcat. Qf 11t1e, ZOI'IIng. lJ[.ulI./rYColsroWOl'r A,II:"__CONfII_" ESrA 7E'S. UNIT NO. 90 recorded In Of' F"rHdom of encumbronces. _.""''ffff'ltTt't Plat Book 5. PQ9fI 29 of the Pub/Fe Ab.troct has not Inen revieJlHld and CS_CAtCHlJA$IH /#><./tIANtiQ.C Rfi:ONis of Collier County, norlda. othfr N..",entll and rntrlction:J may 1'f _ J>Oa nJU1P1IC11r oppIy to W. f1II'Wl All oth.. ~t. CO>Ic.CO\IC1fCl[ that __t on IfKIUhd to b. provided V~. V'lUIlf'S 7~ _ rr:1Pry~.>tI( AAlilES$ DF _rn to th. wrwyor by the cll<<tt of hill 4625 30th A IlENUE S,E. or hr Ogwlt per Rorido Statute June 18. 2003 ~'G'7-~.OOJ (ra) F.A.C- Oat. of Surwy. NOTrs: ~ . Foundation 6/15/05 fLOOD ZONE: -0- - PANE:L 1201Je7 ~ D. f!......t ~ /(# ~/ BEARINGS 1A.SEIl ON PH-.sICAl CENTERUHE or ,"S __ Scale: 1. =: 100' DESOTO 8OlA.VARO AS BElNC NOO'liI',O"E. ,,1M; Project N8' GGE9~4S El.[VAllQHS 8.-.sED ON H.G.V.O. 1921 OAlUM. CoroI E. N*on. P.t.s' ,sot~ >>0 ......" 8ouIr1IonI South FB NI). -47 P. NOT VAUtl UHL(SS HapIn, RorkIa :J4117-9.J64 Job No. 05256 ElrolBOSSED VUH SEAl. (231) JlU-005S 0_ - COP'f1ffGHT 20W ey t;ARO( ~. NEI..SDH, P.A.. AU. fffGHrs ~tftl. (2J9) .J04-0047 F~H. SITE SURVEY (Exhibit A) VA.2005-AR-8616 Pago4of 14 _"~M__~ .--..,--....-..---... ..-"'- Agenda Item No. 78 . _ March 14,2006 ""'I I I ~\,'O/ ~ I - '\.~\\") 1""" ('( TRACT 73 Page 9 of 28 i5 ~ I \f~~C1,..o ~v. 'l. \,rr ~l> ~~ ~ ~ I -+ ~ ~e'lt 680.0' ~:::>t- -~-~'------ lo.l 0 ~ Q~~\'i ~ ~ I I ~~\ C o CO\~ 0::0 g ~ I I q REMAINDER .- ~ I I ~ TRACT 74 l:'.\ I (VACANT) stY I 5/8 ROO 'i' LS 5013 S89040'SO"E 6l ~ O' 630.0' Cl. ( ......., b - b I ui ui I::? (0 145.2' .- --------- --------- l.&J : F'OUNO O~ 5/11 ROD ~"i LS 5013 630.0' OJii -- ----- ri 0 0 Z I ------ I \ I I I TRACT 7S '> \ ~.,<I. '? t DETAIL OF PARTIAL SITE SURVEY (Exhibit A) VA-2005.AR.8616 Page 50! 14 I =- ~ .9C.,+ co CD CO ml<l.~.tnW _"111 >-~. ~ VOIHO'lJ 's:I1dVN: 1:::::.0N. en"<<.j'MCl\t.,~'ft'1~ '. 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I ' : I~t , ~,., ~I~ I I' "If I ",,' I I I'H ,,' I "_.' , . .:~A~ ~"~ , I 'lgl!\ -.,1 \ --- tl. .~- . I .. .." - ,', ". I 5 n:~ ,.~ , I "'"i. 'I' I W;i' ;; ... .~~ . - I'. I I I 1 -I" e ;.; ~I.F ; _ ..U 7 ~d i' ~ I I I 'I; i~' ~ .. 1'1" rY ! I I' 'I ,-- S ,. l-.-,,,o~. ____~_ ______1 I ~I ~ 1"- ,.-, n' 1'1 --....- --<--. zl ~ .....-". 0:"'-"" I' Q ~i~~ - - --- - ..~,-~. --- - ..! < i, r~v,^'JlnOE Q,GS 1~- l u' ,,-'~ ,----~,-,- ---'--j 01' i __ _ _ ....=.., _ -- - '. ' ~ ~ ...~~ ______ -----::;t;;"'-;;;------...- ---~,~ t3i BUILDING PERMIT SITE PLAN (Exhibit B) VA,2005-AR-8616 Page 6 of 14 ,>..-.' ...--.-.-,,-...,- - - , - ',- f, It. , . . - t- , . . " , ., " .,,, ,..1 .- .;,.", - " ..... ~.~', ' c' ~,- r~ _ _ '" "1\'\;.- '" ,__ ~~. ,~... "'ll!. , .... -...;i. .. I ~"'-.,.: ... .. .....~-..~- .., "" " ... -, .~.", ~ ~."'~ .~ ". iItItJIF ....... . , -0". . II ." :. ',- t, - , : , It. - , : ., i":"";""" ,..,..'. '" .. ,: .[.'.""'..'.".; ".~..]" f,t, "f'''''' :::~ . /-. 't~ , ...'. _, ...~..' ,,0'_"'" <(I': . "~/'co' . " .~,,:' .. }' .".-." .""'''-, .-.- , ~i/'. ~' , , ...."":}.. . .. .J , "~ - ,. i; J ..~ ' , . -," ~ -'.... "~... ' . . J , ""'" -' , ,I'~" ~'\;:~ ")~l .~ \ ;~ )(... . .' ~ 'w.~ .. ;~,.. _l ~;.'~'" . _'. ,.~, '... - ,,"'<:~ ~'J-" t. ~. -. , ~ P .... r ?'. .s< ~.:,' ~'4 ~ r " ,-':-" ., f ' I'" .. &- ',. J' --- -.,,-,.- . . . . . :. . . . I ," :. o . ~ . . .. . .. " , I , , . J' l I )' :;0 f .. ~.-.~;~;:~~';%~'~~::,'<~~~~~~~ -'~0~~~ .~': ' .. ....-';1<,....",;._,~\:"~~r;. ,-r:;'- ,,':Lt~ .... ,'-~ ~:w:~:.~"~.~~~..~\'~;f;~~' :.'!}';;,?;~ IIp'_ f'''''i,;;l' .<t' .'-" _ ,_ ~ ~... i ):~~;*.:.;~,~~. ~~::f~'-~ . " . . , . , . 11; .' f) i " .... T -1r_74ft , . . ..- " . . .. ' . , .. ,- . .,.: . . Agenda Item No, 78 March 14, 2006 ANALYSIS: Page 15 of 28 Section 9.04.01 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9,04,03 A through H, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 9.04,03 as follows: 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? There is no land-related hardship. The use of the subject property, a single-family dwelling, is allowed in the E district, where the minimum front-yard setback for principle structures of a comer lot is 37.5 feet along the longer lot line. Absent of this variance approval, the petitioner would still have a reasonable use of the property. 2, Are there special conditions and circumstances, which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The house under construction on the subject site does not meet the required Collier County Land Development Code front-yard setback along the south property line. The petitioner's request for a variance is sought after building permits for the home had been issued for plans that did not depict the correct legal restrictions on the subject property. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary or undue hardship on the appicant or create practical difficulties for the applicant? No. The absence of this variance would not create unnecessary or undue hardship. However, a practical difficulty will be created in that 2.5-feet of the existing structure would have to be demolished and rebuilt. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, The variance is the minimum required to permit the existing single-family dwelling as constructed to remain as it is shown on the survey provided to the County as part of this application. Absent of the variance, the single-family house may be permitted if it's present location is modified to meet the LDC front setback, which would involve demolition of part of the existing structure, Approval of the variance will not have a negative impact on the standards of health, safety and welfare. 5. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other iands, buildings, or structures in the same zoning district? Yes. The granting of the variance would allow a single-family house with a smaller front yard than other houses on comer lots within the E zoning district, thus conferring a dimensional departure from the Land Development Code requirements. v A-2005,AR,8616 Page 11 of 14 ,.,~..^~<.~.~....... . Agenda Item No, 7B March 14, 2006 Page 16 of 28 6. Will granting the variance be in harmony with the general intent and purpose of this -~-- Land Deveiopment Code, and not be injurious to the neighborhood, or otherwise detrimental to the pubic welfare? No. The Collier County Land Development Code provides for specific front yard setbacks; therefore, this variance will not be in hannony with the LOC. However, the variance would not have a negative effect in the neighborhood as a whole, or be detrimental to the public welfare. Any perceived detriment would be to the property owner, himself, as the subject single-family house would be located closer to the roadway than other houses on comer lots within the E zoning district. 7. Are there naturai conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, iakes, golf courses, etc.? Yes. The subject single-family house is more than 200 feet from the nearest house along the lot line where the variance is sought. Also, the remainder of the subject property is densely vegetated, as well as the surrounding properties. As for the vacant lot to the south of the subject property, if a house is built directly across, it would be located at a minimum of 132.5 feet due to setbacks and the width of 30th Avenue S .E. In staff s opinion, the cited distances create an ameliorating factor that adequately addresses compatibility. 8. Will granting the variance be consistent with the Growth Management Plan? - Approval of this variance petition will be consistent with the GMP since it will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that although there are no land-related hardships associated with the variance. the distances from the subject property to the affected surrounding homes, and the existing dense vegetation within the properties, are conditions that ameliorate the impact of the reduction of the front yard setback along the south property line. In addition, the subject property owner would be the most affected property owner of any negative impacts associated with the nearer location of the subject single- family house to the roadway. Zoning and Land Development Review staff recommends that the Planning Commission fOIWard a recommendation of approval of petition V A,2005,AR-8616 to the Board of Zoning Appeals subject to the following conditions: I. The variance granted is limited to a 2.5-foot front yard encroachment along 30th Avenue - S.E. as depicted in Exhibit A; and VA-2005-AR-B616 paga 12 of 14 --"-'----<-..--- --'-'- ..,.~_.,_.__.....,,~_._,."._- Agenda Item No. 78 March 14, 2006 2. The variance is limited to the existing principal structure. If the subject residential~elliDg28 structure is destroyed for any reason, to an extent greater than 50 percent of the actual -" replacement cost of the structure at the time of its destruction, all reconstruction of the structure must conform to the provisions of the Land Development Code in effect at the time of reconstruction. ,- - v A-2005-AR-8616 Page 13 of 14 ----...------.". . -.--.,,---...., .-.,- .,-_.. ""'-.--- ~-,....." - ~ .'. H.VW_~~,.,.~. ~--,---~--_._---~---_. Agenda Item No, 78 PREPARED BY: March 14, 2006 Page 18 of 28 -- CAROLINA VALERA, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW DATE ASSISTANT COUNTY ATTORNEY RAYMOND V, BELLOWS, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ,~~, APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARK STRAIN, CHAIRMAN DATE Tentatively scheduled for the March 14,2006 Board of County Commissioners Meeting - VA-2005-AR-8616 Page 140f 14 - '.---"-.-- .-.-," ._'- , Agenda Item No, 78 , COLLltR COUNTY CO'fERNMtNT nee NORTllIIORStSIIOE DRIV~Ar~h 14 ?OOR DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 Page 19 of 28 V/WW.COLLlERGOV.NET (i) ("~ ""..... 'AX ("~ ........ ~ "il-2005-AJR.8616 .- ',.".- PROJECT #2005110020 DilTE: 11/14/05 VARIANCE PETITION CAJROLlNil" ALERA ~ I . .,.~bi~r:tlli~ncilij ',;'[]~9J1.W" ""~ .,' - "C~"""":-i':<:-' .. I PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Cote: ~. i"" OS Time: '1'. ~11 Assigned Planner: ~A- V;. 'se.J- , l' VArfZ-.I AC\J c..~ :; I," ?-occ-"'" Project Name:' ,. Project AddrfLocation: '"+DLLO -tF ~1~1 "'1,"'0 \.03 ( ~'-2S :3011l- AvE. S€ ) Applicant Name: p~ ,~ 1::::A:l::; .' (~y .P4i~)ne: S",\, . 3.4 \ G - .--..- , Firm: ~ 't->.-:;o...) ~ iVG. I,.J e.esz,.\ ~b Type of PetitionY. ~e;.v.tQ\Ilt<- ~cZ Current Zoning: ~ , Owner Name: Owner Address: Phone: Meeting Attendees: (attach Sign In Sheet) . -.', .". SU.BMITTALRmuIR~ENT~ ~ 15 copies of completed Application iC Addressing Checklist signed by Addressing Dept fill Pre-application meeting notes Ii!l 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 V, X 11 copy) ~ Survey af praperty showing the encroachment (measured in feet) ~ Completed Owner/Agent Affidavits, Notarized "Rl 2 copies of Deed 6a. location mop 121 5 copies of Aerial Photograph (taken within the previous 1 2 months) -12l Electonic copy of all documents and plans (CDROM or Diskette) 0 Historical Surveyor waiver request fiR Property Owner Advisory Letter and Certification ~ Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Review Fees: 1 '_.''''''~-'''''''''._'-~''" " . . Agenda Item No, 78 ..- ~1~r~h 14, 2006 ~$iBBB'99 Residential ~~~o!> .q.., ~...fk ~) S 4 Page 20 of 28 -. ,000 $5000.00 - ~ Nan-Resident 01 - o $2000.00 Sign Variance - ~ $729.00 Estimated legal Advertising Fee - CCPC Meeting $363.00 Estimated legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Dally News). o $2500.00 EIS Review OTHER REQUIREMENTS: 0 0 0 0 NOTES: AgenVOwner Signature Date - 2 ---...'.-----.. ""h.-.,, ---'.- - -". ..:,....': ell'" "'8 ON 0 z. " ~ E"- '.D-, <D.c Gl :!:::2 .- "'''' > -g:2 Gl <D ~ en - <t: C Gl E ~ a. 0 Z 1i j:: > llIi ... Gl . ... .:E 0 w ,IQ .... " :e,. ...0 c Cl =, . ... .... ,%r ~ . ~ W' I Q Cll z t c C) ., 'c .::E . ,.,~.." 0 A.c', N E-c - c>> 0 - III ~....I III c Gl Gl .. E " "'-" .' .... 'I: " .., "',' Cl <C =-. .< a. 1....~ Gl '6 0 :E I ~ LLI a z aJ " '" Q... - ~ -< ,"""' .. ~ N tl:l 0; ~ ~ ,J; J ::t --.l CiS ~ $Of 4..~ U t -g ~. '" \'l ':; \/) ~ " .l '" ll.l 0 "0 "'l 8 ,.: G- w j w :r: VI (/) '"' ~ . z (!) ~ u; '" ~ E .g LLI Q. Z W. Q. Z :E <f <C .. " Gl <C ~ 0 .... .Q Z 0. E 0 . ::) ~ => LLI Z SJ Z Gl c:; Cl c Vi 0 III ~ <C 0. . Agenda Item No. 7B . ~14 20Q6 COLLIER COUNTY GOVERNMENT . ,. \',.~,. 2800 NORTH HORSESH OOiof 28 DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 ." WWW<;O~.'_NET . (i) (''')''.'''' FAX ("~ ..".... '0".'" . II,,{'....~;~~H~~ ~,j'~1\ ';",,""f~":r 7~, -_I "I r; ,--, " r,r ~{-{'!4':;"lI~'B..i':-'"'~'L"f7:"~i'"':m:'%f:;-'~r'"'T~~;c"t{.'~';.;""~ u{," ',,, ~j1, ."~I':'I:t^;~~J:,::;,~ r' r~I' -,. ~ ",. l'':-'_lll'i' 'f'l~ j1 '.~lll" \'~lr~, ,.-,' --' ";'."1' '(...,' .t;,;";r."",~ ll" nj~<t;:;~j~'::t..ptf,".I;l~~~'j;;;tI\,,;'$t,c". ''''c''.!~'' ~; ',' -;' I . f ~")~; :...~.'" 7,~J~,'~-~I":,,~P~.:~L\,t,,,'N>~. ~ W~'Wi;.1\,c,!,[',p;j*'"tl''''J;';~~'~;~J.;r;;;;:~:-;~c.~~ "J;<f1' '/1"1 <,"' L , JI ^ , i' ".~, ''0~<'~' " ;/,.~:;. ;(i'li.,._"~1"HI~^'~"'~l"':'~' 'J) ji~ ~~ :;.~~~r.,j~.tl'+-1"'j~1l ~~ t ;""(:j.),] ~ ~j' I . <.l.;.... v ,i ,~J.O - .. ~I' -j"'- '1" ':k\ 1 ,;",j ~ %j~i~~'~ "~~ {;fj I' f ;''''''~i" '''''of ~ .\,., (;. ~ ,.'f ,t:; ~ 1,lr';'!:~'4r~ 18i"""'~ t:)~.:=,Q."~f"Jt'p'~tol'H ':"1' 1,'l'I<'~"~:'~f"'.[',1"~'1I''':~'11 ~)~1'1"'~ f"i:l"l:l~?""^,> \'i1i'i~~n, B,J, ",]'I'1:;,~m',;J:;,*_/lo~~; 'J,... ~~- ~::l.-.' "'>t'~ ...):(.\,;.'1.1 I -- J 'I, ~ ,~ '" -f' r, "..,,~_,.~ ~--wJ ~, '_ _ '}..,...J~* -'1- ""'_'~'~I>;".::rdL ,'f'~~1 {J . }f~:il~ ~il~t;.~f~~8<l:"",,>1Wi~'l<;.w:.J~l;i:4lr.j k,t~,;,,;"j^, ~"~1:':'~.,_,~~"",.!r.0 >" ~,~t.j;, 'Jii~~~~:lli;~~~l>.:;a~j..J'i,~~~tli~ O' _. _ ..~"d PETITION NO (AR) V A-2005-AR-8616 PROJECT NAME PROJECT #2005110020 PROJECT NUMBER DATE: 11/14/05 DATE PROCESSED . CAROLINA VALERA ASSIGNED PLANNER .... -- ..~. - . .--.. ~.- '." Above to be completed by staff NAME OF APPLlCANT(S) ,. DANIEL HAMILTON /OWNER OF PRO~RTYl - ADDRESS 12BSS COLLIER BLVD. CITY NAPLES STATE FL ZIP 34116 TELEPHONE # /239l 348-9444 CELL # FAX # E-MAIL AD.DRESS: NIA NAME OF AGENT DAVIDSON ENGINEERING. INC. ADDRESS 2154 TRADE CENTER WAY #3 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239-597-3916 CELL # FAX # 239-597-5195 E-MAIL ADDRESS:JESSICA@DAVIDSONENGINEERING.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. VarlaQce Application rev. 10105/04 ----_.~_.~---,,- -- ."..-.- .. ---~--- .. - -,--._-'.- ,,--,- . Agenda Item No, 7B M h 14 2006 fi::'p~''''"~''''rn1~''''''''''''''''''''~''''' 'w'""I-''''-1''''''''~l:':~8~f~''''''-"~'''"'''j..:.t.. '""",,~ ""..". -""....,."'~'-"',r;~~w1' ~"',.,.....""""r""T .~~..-,. -Y^"""">",, t "",."~~ ~ ~ ~)~'::;;;,'~ L~':fi~"'~:;;;$~ r".~"~I1(L, . !;, jfJ~M~.~"~~;"l~ :.~:;" :"T' - . ~ ~1-; I ,," ');(.~ ";",: "'$~,, .L, ',' '/"i "\;':~' ;" ~,~~ ~l. ~ ~~ ,~"".~ Jw,~ :cc:rfllo.t JJ:J~M~t".l;_,~,J ""..... ~ "u;. ~~.....:...." . )~. <_ ~ ".~!~'"_ ,.~,~~ ~.j:h:i,....., ."L~_bJ!!-,Lit=", Complete the following for 011 Anoeiation(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 NA.ME OF HOMEOWNER ASSOCIATION: ~ILlNG ADDRESS CITY STATE ZIP - - .... NAME OF MASTER ASSOCIATION: MA.IUNG ADDRESS CITY STATE_ZIP NAME OF CIVIC ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION MAILING ADDRESS 961 MURCOTT DR CITY NAPLES STATE FL' ZIP 34120 Legal Description of Subject Property: Se<tion!T ownship fRange ....2L..J~...2lL- Property I.D.#: 41446960103 SXclh~ Subdivision: Golden Gate Estates Unit 90 Lot: 7t.J lock: Metes & Bounds Descriptiori: Acreage 2.58 Acres Address of Subject Property (If different from Petitioner's address): 4625 30th Ave SE Variance Application rev. 10/05/04 ----..-. .. .1'..,. .. - .. Page 24 of 28 Zoning Land Use ,-- N :OW Ie DaveloDed sinale familv S 3()lb Ave SE I E E DeveloDed slnale family W ROW Ie:- Desoto Blvd S I Minimum Yard Reauirements for Subject ProDerty: Front: 75' & 37.5' Corner Lot: Yes [gI No 0 Side: 30' Waterfront Lot: Yes 0 No [gI' . Rear: N/A Provide a detailed explanation of the request including what .tructures are existing and what Is proposed; the amount of encroachment proposed using numbers, I.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The requeded variance Is for the 2.51 encroachment of the slnals family home under construction (buildlnQ' permit # 20050202391 into the reaulred 37.5 foot front vard setback. The construction on 1I11s slnale famllv ,_., home has been stoooed. Please note that stoff and the Collier County Plonnlng Commission sholl be guided In their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided In Its determination to Clpprov.e or deny a variance petition by the below listed criteria (1-8). (Please address 1I11s criteria using Cldditlonalpages if necessary.) - 1. Are there special conditions and circumstances existing which are peculiar to the location, size and. chorocteristlcs of the land, structure, or building Involved. Thesubiect Drooertv is a corner lot with two front and two side yards. Due to mlscommunlcatlon ~etween the contractor. surveyor. and Buildina Permit reviewer durina the oennlttlna Dracess the contractor was not eware of the desi~natlOri of the yard adlacent to 30th Ave SE as a front yard. The encroachment was discovered UDon submlssron and review of the 1 O-dav soot survey. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which Is the sublect of the variance request, There are no other ore-existina c:onditlo.ns relative to the subiect crooertv. -- Variance Application rev. 10/05/04 --"--"- . -~----'- ....."-~.._~. -- , Agenda Item No, 78 ~"~.. March 14, 2006 Page 25 of 28 3. Will a literal Interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. A IIterClllnteroretct~on of the LDC will crt!cte an undue hardshlD on the applicant as th. home currentlv unde'r construction would need to be demolished and reconstructed. 4, Will the variance, If granted, be the minimum variance .that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. . The variance rl!!-qul!sted Is the minimum variance necessary to allow ,for the comcletlon of the strl!cture end make cosslble the reasonable use of the structure. j, Will granting the variance requested confer em the petitioner any special privilege that Is denied by these zoning regulations to other lands, buildings, or structures in the same zoning distrid. The variance reauested will not confer any seeded crlvileae on the Detltlo".r that is denied bv these zonina raoulatlons to other lands. butldinas. or structures in the same zonlna district 6, Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The arantina of this variance will not ,be injurious to the neiahborhood or in any wav detrlment~1 to the . DubUc welfare. 7. Are there natural conditions or physically induced conditions thai ameliorate the goals and obJectives of the regulation such as natural preserves, lakes, golf co!-,rse, etc. There are not anv natural or ohvsical conditions that ameliorate the aoals and obiectives of the any such. reaulation. 8. Will granting the variance be consistent with the growth management plan. , Grantina of this variance will be consistent with the arowth manaaement olan. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRE5.AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (5) AFTER FINAL ACTION. IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Variance Application rev. 10/05104 ~-~-~--- (i) Agenda'ltem No. 78 MArch 14 2006 page 26 of 28 AFFIDAVIT I, Daniel Hamilton, being first duty sworn, depose and say that I am the owner of the property described herein and which is the subiect matter of the proposed hearing; that all the answers to the questions in this applicalion, including the disclosure of interest information, all sketches, datci, and other supplementary matter attached to and made a port 'of this applicalion, are honest and true to the best of our knowledge and belief. .1 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. er I rlher authorize Davidson Engineering, Inc. /0 act as my representative in any is Petition. Signature of Properly O~ne,. - Typed or, Printed Name of Owner The foregoing imfrum~nt was aeknowledQed before me this ~ daY ~f ~ '2005, by who is penondlly known to me or has proclueed as identifieation. Slate of Florida C ounfy of Collier .1jIi'?'ii:;q,. TOCIA WEEKS f,.:~ MY COMMISSION' 00 222661 ~'."., ,:~i EXPIAES:July7,2007 '~m:~' BorIdIGThtuNala1yPublcUIIlenmIn - V A_2005-AR-8616 PROJECT #2005110020 Variance Application rev. 10/05/04 DATE: 11/14/05 CAROLINA V AJ.,ERA .-"-.>> ..-.- .' ~---'_._..'- ...,~,- ---- ,. , Agenda Item No, 78 '--- ", ~Jllii"I: ' " '. . .' .,;. ..:.:...\.,~ . .. '.. . .' ..' .... '. . ,. .' ' ,. THIS COMPLETm CHECKUST IS TO BE SUBMITTED WITH APPUCATlON PACKET No. of Copies [8115 Completed Application [8115 Pre-Application Meeting Notes [8115 Site Plan 24" X 36" depicting the following. All property boundaries & dimen'slons All existing and proposed structure.. (labeled a. such) North arrow, date and scale of drawing , Required .etbacks & proposed ,etbacks [811 Survey of property showing the encroochment(measured In feet) [811 Location Map depicting major street, in area for reference '.. [811 Add....ing Checklist .. __.. ...." ...0.... [811 Owner/Agent Affidavit, signed & notarizell [811 Electronic Copy of all documents & plans [81 Application Fees = $2000 (re,idential $5000 (non-residential) Check, ,hall be made payable to. Collier County Commissioners o Other o Other As the authorized cigent/applicant far 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. l~ 1013110:5 Agent/Applicant Signature Date 'i', \;U Variance Application rev. 10/05104 -- - Agenda Item No, 7B r..t1::lrrh 14 ?OClR Pagp~ 28 - CoNSTRUCTION, INc. CUSIIlOl heme divIioo 12855 COLLlllk B1.YD. N"rLI'. Fl,OIUtlA 34116 OmCll 239.348-9H4 August 9, 2005 Mr. Bill Hammon; , ZQ9pQ2,.02~9 This letter is to inform you that we have hired Kathy Smith from Davidson Engineering t . ceo We have a pre rocure a v application meet' se fi 005. We /the owner Daniel Hamilton ahdthe contractor Pocchi Construction ~. - understand that we are pr ceeding with this project on our own accord. The Collier County Building Dept. and Bill Hammon are not responsible for our variance. By providing this letter we ask that the permit stop order be released so we can continue to build on said property at 4625 30th Ave. S.E. Naples Florida. Thank You in advance for your cooperation and understanding. e;~ - d5~1 . ~ ~ J7l>f1 ~od ~t<lc?C- ~ ~ ~ /1#~ tL ~ ~ ,AJ--m de J/()O ~ Ifo ~ ~,;M , ~ /~~ Ad ~ tV; gj;~/oS- .__..._.~ ---- -- . . , - . RESOLUTION 06 -_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATlNG TO PETITION NUMBER VA-2005-AR-86l6, FOR AN AFTER-THE-FACT VARIANCE TO REDUCE THE SIDE YARD REQUIREMENTS FROM 37.5 FEET TO 35 FEET, FOR PROPERTY LOCATED AT 4625 30th AVE. SE, LOCATED IN THE ESTATES (E) DISTRICT OF 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 regulations for the zoning of particular geographic divisions of the County, among which is the granting ofvariances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted Board of the area hereby affected, has held a public hearing after due notice made, with all interested parties having been given the opportunity to be heard by this Board in public meeting assembled. and the Board, having considered all matters presented, and having considered the advisability to reduce the front side yard from 37.5 feet to 35 feet, as shown on the attached plot plan. Exhibit A, in the E Zoning district for the subject property, has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 9.04.00. NOW, THEREFORE, BE IT RESOLVED BY nrn BOARD OF ZONlNG APPEALS OF COLLIER COUNTY, FLORIDA that Petition V A-2005-AR-86l6, filed by Davidson Engineering, Inc., representing Daniel Hamilton, with respect to the subject property hereinafter described as: Section 28, Township 49 South, Range 28 East, Unit 90, South Y2 of Lot 74, Golden Gate Estates, Plat Book 5, Page 29, Collier County, Florida FolioNo.4l44690103 Address: 4625 30th Ave. SE, Naples, Florida be and the same hereby' is approved for a 2'6" variance from the front yard requirement of 37.5 feet to 35 feet as shown on the attached plot plan, Exhibit A, in the E Zoning District subject to the following conditions: 1. The variance granted is limited to the structure, depicted and more particularly described on attached plot plan, Exhibit A. 2. If the principal residential dwelling. structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and .::r:.+ern -z6 1 3\\~\D~ . ---- - . . . accessory structures mU$t conform to the provisions of the Land Development Code in effect at the time of reconstrUction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 200S-AR-86l6 be recorded in the minutes of this Board, This Resol~tion adopted after motion, second and majoritY vote, this _ ~y of .2006. ATTEST: BOARD OF ZONlNG APPEALS DWIGHT E. BROCK., CLERK COLLIER COUNTY, FLORIDA By: By: . Deputy Clerk Frank Halas, Chairman '. VA-200SoAR-8616 2 / .....- -----_.~- - , , . , BOUNDARY SURVEY I I I I i ~I I ~cr~ I ~~ I .\ I I : ! ~ ~ J ---t 680.0' <::it- -----------------1 wQ . ~~"I I I ~Q I ~B I I ~ REM~/NDER ~ I ~ I I f~ TRACT 74 ~ q , (VACANT) I ! ......... ~ ROO SET it I ~ LS ~J SB9'40'SO"E . 6BO.0'(P&M) ~e:~ ~ ! ~ 0' b .~I 830.0' SOUTH 1/2 . I!: ! :;j I l:i :D- TRACT 74 ~ "'i w - ~. , - 0 ~ ___!.!5d__ 4388' :- a. .w. tf .. -----------~--------:.: ~~ o~ ~ lIOO ~ ~ ROO 0 U) ~:! SOU. ~I 830.0' "', en ~ ~ --------------- r.SIGN . - g 30' ROAD EASEMENT 660.0'("') UNIMPRO'wa) ROAO g z fOUND NB9'40' roW 30th A VENUE S.E, 6BO.O'(P&M) SET '. I ,---------------- I i I I. I I TRACT 75 I I 25.0' in 10.0' ,..j ,., b i Co a:i VA-2005-AR-8616 13.0' ,..: 10 N PROJECT #2005110020 Iri DATE: 11/14105 C'I ;5 .0' CAROLINA VALERA ... ENLARGED DETAIL FOUNDA T10N EL=16.8' LEGEND/ABBREVlAllONS THIS SLfi\E'Y IS PREPARED FOR: o SET IRON PIN W/CAP por.J , A FNO., NAJL AND TIN TAB DANIEL HAMIL TON and MICHELLE HAMIL TON B FNO. CONe. WON. FIFTH THIRD BANK o FNO. IRON PIN .. BENCH "ARK POCCHI CONSTRUC770N, INC. <u, POItFR POL. I\llIlEll c - CALcto:A Ill> ", - .w!"A.stJR'fP P - PlAt D - DEED LEr;AL OCSCRIP71ON [ - CCN7ERUNC DE . .DRAlNAGE EASEJJE'NT 5 1/2 oF TRACT 74, Gpl.DEN GATE" This is not a CtJrtlflcat, of ntle, Zoning, u. - U11UrY .ASDJEHT A/t' - AiR CONOInONER ES.TA TE:S; UNIT NO. 90 recordsd fn or FrelKiom of sncumbranc::es. MIl _ WA.rER ~TE1l Plat Book 5, pags 29 of ths PublFc Abstract has not been rsvi,wed and CB - CA TCH BASIN Records of Collier County. Florfda. other easfNnfJrltl1 and rsstrfctions may I/H - UANHOl.C Pi: - POOl. .QI./IPIJOIT apply to thfs parcel. AIf oth,r easements CONe _ CONCRE7C that exkilt anlrequhd to be provfdtild IJTS _ UT7l.ITJ€S rofI - TUP CF BANK ADDRESS OF PROPERTY: to the surveyor by the o/lfJrlt of his 4625 30th A VENUE S.E. or hsr agent per Florida Statute June 18, 2003 61G17-6.00J (10) F.A.C. Date of Survey. NOTES: (JJ~,~/ Foundation 6/15/05 flOOD ZONE "0" ..,. PANEL 126067 0450 D. 1" .= 100' BEARINGS 8ASED ON PHYSICAL CENlERUNE OF Scale: DESOTO BOULVARD AS BEING NOO'19'10"E. Project No. GGE90T74S ElEVAllONS BASED ON 'N.G.V.D. 1929 DAru.... Carol E. NellIOn, P.LS. /501S F8 No. 047 P.~ 330 Wflson Boufevard South Job No." 05256 NOT VAUO UNLESS Na~/es, F"/orfda 34117-9364 EMBOSSED W1lH SEAL (2 9) 304-0055 Office COPYRIGHT 2003 BY CAROL E NELSON, P.A.., ALL RIGHTS RESERVED. (239) 304-0047 Facsimile _._...____~._._~~_o__"_ -~,-- Agenda Item No. 8A March 14, 2006 Page 1 of 48 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled, "Park Impact Fee Update, prepared for Collier County, Florida", updating the methodology for the annual indexing adjustment to the Park Impact Fee Rates, and providing for a delayed effective date of May 15, 2006. OBJECTIVE: That the Board of County Commissioners (BCC) adopt an Ordinance amending Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Code), as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance [CIFO]) to reflect the amended impact fee rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled, "Park Impact Fee Update, prepared for Collier County, Florida" and updating the methodology for the annual indexing adjustment to the Park Impact Fee rates in order to continue to accurately provide financial resources for the construction -- and/or expansion of the County's Community and Regional Parks system. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-related capital improvements related to Parks and Recreation since 1988, The BCC established the current impact fee rates in June of 2002. The requirement for the update of impact fees "at least every three years" is set forth by Section 74-502 of the Collier County Consolidated Impact Fee Ordinance (CIFO). In keeping with the formal update requirement, the County executed a consultant contract with Duncan Associates, in association with Dr. James C. Nicholas, on October 26, 2004. The attached report describes the technical and legal framework and methodology used to complete this update study. An additional task that was included in the Scope of Services for this contract addressed the review and update of the beach and boat access portion of the Park Impact Fee to ensure that it accurately reflects the costs related to acquiring both types of facilities and that information be specifically identified in the study. As part of the study, the County retained an appraiser, independent from the impact fee consultant, to "determine appropriate park land costs for the fee calculations." Staff compared the land costs used in this study to the value (per acre) of existing, non-coastal park properties, as well as actual purchases of both coastal and inland park acreage and found them consistent with the findings of the appraiser and the land costs used in the study. Page 16 of the attached study addresses the land costs for various types of park land. Below is a chart comparing the land values reflected in the 2002 Park Impact Fee Update and those being utilized in - the current update. Agenda Item No, 8A March 14, 2006 Park Impact Fee Update Page 2 of 48 Page 2 PARK LAND COST PER ACRE COST PER ACRE INCREASED 2002 STUDY CURRENT STUDY COST PER ACRE Community Park $87,000 $200,000 $113,000 Regional Park $36,000 $200,000 $164,000 Beach Parking $875,000 $4,000,000 $3,125,000 Boat Access $1,350,000 $1,475,000 $125,000 The fee schedule proposed in this update utilizes the same rate structure being utilized in the current fee with rates specific to various types of residential land uses as well as rates for hotels and motels. The proposed fee schedule is considered by the Consultant to be the most accurate and legally defensible option for the imposition of these impact fees. Below is a side-by-side comparison of examples of current and proposed residential and hoteVmotel rates per land use for both Community and Regional Parks: COMMUNITY PARKS: LAND USE CURRENT PROPOSED DOLLAR PERCENT RATE RATE CHANGE INCREASE Single-Family $632 $935 $303 48% 1,300 sq. ft. Per Dwelling Unit Pcr Dwelling Unit Per Dwelling Unit Single -Family $822 $1,027 $205 25% 2,000 sq, ft. Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Single-Family $822 $1,119 $297 36% 2,800 sq. ft. Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Multi-Family $562 $750 $188 33% 2,000 sq. ft. Per Dwelling Unit Pcr Dwelling Unit Per Dwelling Unit Mobile Home/RV $688 $924 $236 34% Park Per pad Per pad Per pad HoteVMotel $403 $503 $100 25% Per room Per room Per room """ Agenda Item No. 8A March 14, 2006 Park Impact Fee Update Page 3 of 48 Page 3 REGIONAL PARKS: LAND USE CURRENT PROPOSED DOLLAR PERCENT RATE RATE CHANGE INCREASE Single-Family $631 $2,068 $1,437 228% 1,300 sq. ft. Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Single ~Family $821 $2,272 $1,451 177% 2,000 sq. ft. Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Single-Family $821 $2,476 $1,655 202% 2,800 sq, ft. Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Multi-Family $561 $1,659 $1,098 196% 2,000 sq. ft. Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Mobile Home/RV $687 $2,045 $1,358 198% Park Per pad Per pad Per pad HoteVMotel $402 $1,113 $711 177% _. Per room Per room Per room On January 18, 2006, the proposed Park Impact Fee rate schedule and update study were presented to the Parks and Recreation Advisory Board, which recommended approval. Additionally, on February 15, 2006, the proposed Park Impact Fee rate schedule and the updated study were presented to the Collier County Productivity Committee for review and consideration. The Productivity Committee voted unanimously to support the scope and methodology of the study and the implementation of the new Park Impact Fee rate schedule. The proposed Park Impact Fee rate schedule and study were also presented to the Development Services Advisory Committee (DSAC) on February 1, 2006. The DSAC, by majority vote, accepted the study, as it is required by the provisions of Chapter 74 of the Code. GROWTH MANAGEMENT IMPACT: The adoption of the proposed Park Impact Fee update is consistent with Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), which states: "Future development will bear a proportionate cost offacility improvements necessitated by growth." - Agenda Item No, 8A March 14, 2006 Park Impact Fee Update Page 4 of 48 Page 4 The proposed impact fee rates are designed to provide adequate funding for the acquisition of land and the construction of Park facilities and capital improvements necessitated by growth. Additionally, in regard to the effects of impact fees on new housing development, a 2,000 square foot (living area) single-family home would have an associated Community Parks Impact Fee of$I,027 and a Regional Parks Impact Fee of $2,272, an increase of$I,656, which is a 10% increase in the current total impact fees for a single-family home (on Collier County Water and Sewer). However, on July 27, 2005, the Board of County Commissioners adopted an amendment to the CIFO establishing the County-wide Impact Fee Deferral Program for affordable housing. Therefore, this impact fee increase will be included in the total deferred amount for qualifying dwelling units and will not create a financial burden to those qualifying individuals. FISCAL IMPACT: Based upon assumptions from actual past collections of Park Impact Fees and permitting activity as well as from current pennitting activity and forecasts, the projected change in Park Impact Fee revenue, associated to the study and corresponding fee schedule changes, is anticipated to be approximately 90% or an additional $7 million in annual collections; however, changes in the trends associated with the sizes of new homes being constructed in Collier County and the types and square footage of any new hotels and motels being constructed will directly affect this incoming - impact fee revenue stream. Upon adoption of this Ordinance, the County will continue with the three-year Park Impact Fee update cycle pursuant to Subsections 74-20I.b. and 74-502.a of the CIFO as well as the requirement for annual indexing of the Park Impact Fee. The annual indexing adjustments have been updated to utilize information from just property values published by the Collier County Property Appraiser's Office and the building cost index published by the Engineering-News Record, in order to incorporate changes in the relevant costs of acquiring land and constructing Park facilities in the years between fonnal updates of the impact fee. LEGAL CONSIDERA nONS: The proposed Ordinance is legally sufficient for Board consideration and approval. RECOMMENDA nON: Staff recommends that the Board of County Commissioners adopt the attached Ordinance, amending Chapter 74 of the Collier County Code of Laws and Ordinances (the Collier County Consolidated Impact Fee Ordinance, as amended), implementing the proposed Park Impact Fee rates with a delayed effective date of May 15, 2006. Prepared by: Amy Patterson, Impact Fee and Economic Dcvclopment Manager, .- Operations Support and Housing, CDES Agenda Item No 8A March 14.2C06 Page 5 ot 48 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: M ~, Thl~ it"m,,, l>l' has'U at 1,OOp,0Tl R<lI,,,mrnaodilti,,,, \1181 lheS'J"rd 01 County Item Summary: Cc'\mmi51l10r>ers 'Hjort an OrrJinilllCe am!i'nuing SCh!i'lh,l.. Th,ee oj AflPenljj~ A 01 Chapter 7.1 01 (he Col!i..r CO\ln!y Cnde (ll L.aw., and Ordimmcp.s (The Collir,r CO\JI)ty Co~solidaled Impact Fe..O,d;oarlC6),lofHflecllheamendlld,atBsselfGrthiolh"impaClflle study. providioglor th,., in(;orporatio... by r"fManr.., 11j the impa(,1 laa ~tlJdy antitiad, Pa'~ ImfHld FeG Update p(opllre:l IDI' Collior County, Flo'id~. updating lh~ mell'()(Jologytol' Ih", aooDal iM<'Jxjng adju5tml'lnt tiJ the Par~ Impacl Fa.; Rales. and pro.iding for il dlll~y,,)d dl<'lctive (13(,1 Df May 15, ~()O6 Meeting Oete; 3i14f2!JO~ 9,no,oo AM Prepued By An,,, P~U"r~('" Impacl FMM~""lI"r O..l>,o Com",unilyO""elopm.."l& Enyjronm"m"lS"",ic"j; FinandnIAdm;", & Hou$lng 2124!~006 415'29 PM Approved By Sandra Lea EXMutiveS..cr..tary ". CommunltyOe"alepm"'1l& Community O.."..lopmanf & Zl20r200B111,1l4AM Environm..nl.aIS..rvi~". Envlmnm..nlaIS".....;c"j;Admin. Approved By CPMlanc.eA.Jonn~on Operations Analyst O"t.. Commun;tyOe"elop",ent.& Cllmn",nilyO"...lopment& ZI2BI2nll610,44AM En"i,,,nmentaIService,, EnYimnment"i S".....ic...s Admin. Approv..dBy A",anaaTnwnse"d OI,erM;on.Coominator O"t" Publi" Service" P.r~.sandr'er.'Nti"n 2i20i2!)!)f,4:24 PM Approyed By MiHlaR"",sey Puhlic S..rvicus Adn,in,atratllr O,,\e PubllcS"'vic..,, Pubiic S",'vk,,~ Ad'"," 2flD1200f> 4.39 PM Approved By - JMfl\lM.I<<>W A%i~t"nICQunlyA\t"rr>ay ". C""ntyAtiorney Co"ntyAtto,"oyOliico 3111201l65:31 PM Approved By DenlO"Sijl<,,, FiMnciaIAdn,i" & liou.;ng Dircctof Dato Com'm"'it~ D<,,,<,;oo,,,,-,,i I!. 3/2/21JIlh10:56 AM Eovircm..,entaISc'",ee5 n""'''''''IA'''ni'',!:'H'''''ing Approved By C","mh,,\llyD"vn(o"",nnl& Joseph II.Schmil! Envi'<H\'n<;,"ai SNvic~~ Ad",;,,~tf~lor D.'la C""m,,,,,lty,lownl,,p,,,,,"'1J. Cnm"""',ly D..v..I(l~"lE""& 3f2i2000 2:34 PM Enviro"m"nlaISN"k~a Env"onnH."t"lSu",ic,,~Admlll Appro,'cd By OMBC""",h"21lo' Actm;"'''I",ti.~As"isl,,"! Date CO"'lt)' Mana9()r.~ Ofi,cu Offlte "j M~n~Fom"ni (. B,,(l~N 113f2000 ~;5e AM App,"ycd B~ Sus~r Usher Sn"io, Man~g"m"nt!B"<I\lQlAllalyst Datij Cow'ly Managcr's Olfite Olfic" "fM"""\I"",nol&8udqUI 3(5'200610.11 AM Apprllyed By l'IIici1~nl Smyknwski M~tl~~Kmetllll. E""iJ>H Di",ct", Oal<' C"""tI'M,;nag""$OHice O'l,~"otM"n"'Jmh"nt&8"d\lul 31512DUfi12,'GPM Appro\'cdBy .I""'e~ v. Mudd Coc;"lyM"""Il'" P~Jl.' 6(lMd"i;;""nly Comm;$~ill"~rn C",mi:y M"""9u'"ori>ne 31b!201lf;2:fI!lf'M - ^~ . <._---- --..- -- Agenda Item No, 8A 0""" "', "''' Page 6 of 48 COLLIER COUNTY FLORIDA ~ REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to tb. Board: Pleas. plac. tb. following as a: X Normall.gal Advertisement o Other: (Display Adv., location, etc.) ....**..............*..**..........**..*...**............*......................................*****..... Originating DeptI Div: CDES/lmpact Fee Administration Person: Amy Patterson Date: Febnuuy 27, 2006 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. March 14. 2006 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE THREE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES,11iAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION. BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "PARK IMPACT FEE UPDATE PREPARED FOR COLLIER COUNTY, FLORIDA"; AMENDING THE PARKS IMPACT FEE RATE SCHEDULE. AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; UPDATING THE ANNUAL MID-CYCLE INDEXING FOR THE PARKS IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR ADELA YED EFFECTIVE DATE OF MAY 15, 2006. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 131-138902-649100 cl-c)7-oG Date List Attachments: I. Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For bearingli before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Not.: If legal document is involved, be sur. tbat any necessary legal review, or request for same, is submitted to County Attorney before snbmitting to County Manager. Tbe Manager's omce will distribute copies: o County Manager agenda flIe: to o Requesting Division o Original Clerk's Omce B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ........**..........*................................................................................*..... FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: -,__,..."...,.,'-.~_,"'",.".'c_ Agenda Item No, 8A March 14, 2006 Page 7 of 48 ORDINANCE NO. 2006- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE THREE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "PARK IMPACT FEE UPDATE PREPARED FOR COLLIER COUNTY, FLORIDA"; AMENDING THE PARKS IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; UPDATING THE ANNUAL MID -CYCLE INDEXING FOR THE PARKS IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF MAY 15, 2006. WHEREAS. on March 13,2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated bnpact Fee Ordinance. repealing and superseding all of the County's then existing impact fee regulations. and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS. on June 25, 2002, the Board of County Commissioners edopted Resolution No. 2002-304, amending the Collier County Consolidated bnpact Fee Ordinance, thereby establishing thc County's then applicable Parks .. Impact Fee rates; and WHEREAS, in accordance with Section 74-304 (g) of the Code. the Parks impact Fee rates have been indexed by the "Consumer Price Index - Miami-Ft. Lauderdalc MSA, FL, All Items" as reported by the United Stales Bureau of Labor Statistics, thereby establishing the rates that are currently in effect; and WHEREAS, as Section 74-502 of the Code states that impact fee studies should be reviewed at least every three years, the County retained Duncan Associates in association with Dr. James C. Nicholas (the "Consultants"), to review the existing Park hnpact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an impact fee study, entitled "Park bnpact Fee Update prepared for Collier County, Florida," dated January 18, 2006 (hereinafter the "Study"); and WHEREAS. Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS. the Study recommends changes to the Park impact Fee rate - schedule, as set forth in Schedule Three of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and ~U:.XtiJaddcd;ElllnlE"'sHskte:rtiadeleted ,---.--.-.--- _'________'_m____ Agenda Item No. 8A March 14, 2006 WHEREAS. the Study also recommends Clltablisbing the proposed Page 8 of 48 impact fee rates in order to more equitably distribute the costs of acquiring public facilitiCll based upon a rational ncxua relating costs incurred by fee payers to infrastructure impacts created by commercial and rcsidentialland uses; and WHEREAS, the Consultant has reviewed and updated fee calculation and indexing methodologies that will be imposed in an equitable and non- discriminatory manner; and WHEREAS. staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Park Impact Fee rate schedule. and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended cbanges. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article ~ General, Section 74-106, Adoption of impact fee studiEs, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows; Section 74-106. Adoption of Impact fee stndles. ... (3) Parks and recreational facilities: "Impast Pees fer Pm:ks &BEl Resfeati.e&al Faeilities fer CeYier CellRty, Plead&," pr8fl8Rlil hy HBBIl8fiiB&. YeYftg & C:amJI8ftj' ~i8feS tH. 1999); "Park Impact Fee Update prepared for Collier County, Florida," prepared by Duncan Associates in association with Dr. James C. Nicholas (January 18,2006); ... SECfION TWO. Article m, Special Requirements for Specific Types of Impact Fees, Section 74-304, Same - Parks and recreation impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-304, Same - Parks and recreation impact fee. ... (g) Annual mid-cycle parks and recreational facilities impact fee rate indexing, Collier County Resolution No, 2002-304, adopted June 25, 2002. established a parks and recreational racilities impact ree rate schedule \bree-year update program, which commenced on June 25, 2002. pursuant to subsections 74-201(b) and 74-502(a) of this chapter. 1B .ash Bf the p e mie e)ele )eB:f8 (\Jet!- eM tile fsBBEl:l. h'ee )eBf l:lI'Bates) EB seg' . g eQn or about JaB :U. 200J Mav 15 of each of the two mid- years between uodates. the county sball implement indexing adjusbnents to each parks BB61.!SflB.k8Bal faBtiities impact fee amount. Bj. BMlkiplj iHg tae tBML 8lHNRt imJ!ae~ fel fIltlS ~~. B. h&tiea, the RlHBlRter sf 1\ Biek ~textia.dded;[Jwil!lIlnu""textildeleted P.ge2of6 Agenda Item No, 8A March 14, 2006 sfteR Be tae I'CBIHHHlUf PRe. lIut8Ji 1liami Ft. laudeNele )'{EA, Fl, :\.11 Page 9 of 48 - Items," Il!I FBpBRed 'By 1Be yllitea States Aareaa arIMs, gtatiHies, fer 1k. mest Ieeellt pmed fu 'if.Bieh figures ...e theft &"_.18, _ the 1~fmiB.ItBf ef Vi. mek hasH _1.._" he II~BBStHRer PRe. T-TPiR }I:__: Ft. 1._11_&1. HE.r\, FL, flJlltllBl," 11& '.,8R8d BY 18. YBHed Etetee Qti:fIMl sf lallel &Wi.9li.ss, fsr 8111 year pPier te the ,..ed spumed. is the IHHIIIMtSF. The develomnent cost comnonent of the fee. which is 38 oercenl of the total commumtv Dark fee and 7 Doreent of the total relrional nark fee .hall be adiusted bv the r:hllntre in the national Enmeerinf! News Record Construction Cost Index over the most recent twelve-month neriod for which the data is available. The land cost comoonent of the fee. which is 62 nercent of the total community 'Dark fee and 93 ncrcent of the total relirional nark fee. shall be adiusted based on the nercentaRe chAn2e in the county-wide iust land values over the most recent twclvo-month ncriod for which data is RVRilal'role from the Collier County Pmnertv Annraiser nrovidod that the total increase in the land comnonent in any year shall not exceed 15 Doreen!. Mid-cycle indexed rate change adjustments shall be adopted by a reaolution of the board plU1lWlIll to subsection 74-2OJ(b) of this chapter. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more reatrictive .baIl 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 shal1 not affect the validity of the remaining portions. - SECTION FOUR. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shal1 be made a part of the Code of Laws and Ordinances of Collier COWlty. Florida. The sections of the Ordinance may be renumbered or re-Iettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "sectio~.' "article," or any other appropriate word. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective May 15, 2006, subject to filing with the Florida Department of State, -, l.!ndmiiDI!d IIlrtklddod; IlWUI!1 Iwll.p extillieleWl Pasc3of6 ^,--- ....- .-.. Agenda Item No. 8A March 14, 2006 Page 10 of 48 PASSED AND DULY ADOPI'ED by the Board of County Commissioners of Collier County, Florida this _ day of ,2006. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRANK HALAS, Chairman A gal sufficiency: --- ,,-.. YnilmimllI tAlXt i. added; ll_. ho "Ih mxt it; deleted Pa.e4of6 ""0___ Agenda Item No, 8A March 14,2006 APPENDIX A Page 11 0148 - SCHEDULE TIIREE: PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE CSPr---"f PaFlit ReglaR" CB._e. TaW PtlF 9welllBg 11&lt PtlfokB ~ Per Dwtl&g Per DwelliB" U.it ~ 1._. Ute ~BiaeBFp8f8ted (C88.'" (Ua.eepperMell ~ ~ ~ EiBgle Family DatBskd. 1.ess ..t..__ l,gQQ ~ ~ U,21i3.8) ~ 1,299 J,QQ9 BEl. ~ ~ ltl.li1J.gft a- !olarl! tBes. :1, 9g9 ~ ~ n,911.3S ~ 1HHt:i family Less tBs.r 1,GGQ ~ ~ $ 9~~ .28 ~ l,99g 1,:9G .~. ~ ~ n,112.2g a- Men tJtim I, 7QQ ~ ~ n,153.15 ~ .- 11e~ile IIema'RX ~ ~ $l,J'?1.:!3 Pork (Fa&) Hetel/!f.etel ~ ~ , 8GU3 ~ COMMUNITY PARKS (Calculated on L1v1n~ Area): LAND USE: RATE PER SINGLE-FAMILY DETACHED: Less than 1.500 sa. ft. $935 Ow.lIin. Unit 1.500 to 2.499 sa. ft. $1.027 Dwe11in2 Unit 2.500 sa. ft. or more llJ1.2 Ow.llin. Unit MULTI-FAMILY $750 Ow.llin. Unit MOBILE HOMEIRV PARK $924 Pad HOTELIMOTEL $503 Room - ~tclUi.addC11;EL l..1hre~Jh~itdelewd Plge5of6 --._---,.,- - -- ,..----.-. ---.,~ _....~-_.-..."""......,- ~_._.- .. - "--_.._~,." Agenda Item No. 8A March 14, 2006 Page 12 of 48 APPENDIX A SCHEDULE THREE: PARKS AND RECREATIONAL FACll..ITIES IMPACT FEE RATE SCHEDULE (coot' d) REGIONAL PARKS (Calealated on LiviD!! Area): LAND USE: ~ fER SINGLE-FAMll.. Y DETACHED: Less than 1.500 sa. ft. ~ Dwellinl1 Unit 1.500 to 2.499 sa. ft. $2.272 DwellinlZ Unit 2.500 sa. ft. or more $2.476 DwellinlZ Unit MULTI-FAMILY ll.ill Dwellin2 Unit MOBILE HOME/RV PARK ~ Pad HOTELlMOTEL .$..l...!..U Room Note: Community Parks Impact Fees do not apply to the City of Naples, City of Marco Island and Everglades City. ~" PlIl'e ell Reereatieoal. Faeilitiell Impaet Fees ate 9B1lell ell the IiviBg...... sf tile SfleeiRea HIle. -, .I.I.luIm:Iim!d _ il oddod; &wII. ........... b!oct iI del""'" Pa.. 6 of6 ~.'~- _.,..,..,~--, .'_.'-_.""~- -,~-"^=- ~"-----~" Agenda Item No, 8A March 14, 2006 Page 13 of 48 I PARK IMPACT FEE UPDATE prepared for COLLIER COUNTY, FLORIDA -- prepared by dUnCan[aSSOciates in association with Dr. James c. Nicholas -, January 2006 ---. -- ~ ~-- Agenda Item No, 8A March 14, 2006 Page 14 of 48 Contents INTRODUCTION .",."".",..",..",.,..",..."....",.,.,..,."..,.,.,.,., 1 LEGAL FRAMEWORK . , . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . .. 3 The Need Test ....,..........,............,..........."..,.."""".,..., 3 The Benefit Test... , . . .. , . . . . , . . . ... , . .. , . , . . . . , , , . , .. , . . . .. .. . . . . . . . . . . . . .. 4 BENEFIT DISTRICTS .,..",.""..,..".,." . . . , , . . . , , , , , . . . . , , , , . , . . , . . , , . . , . .. 6 SERVICE UNIT. , , . , . , , , . . , . . . . . . . . . , , , . . , . . . . . . . . . . . , . , , . . . . . . , , . . . . , , . . , , . . . . .. 7 COST PER SERVICE UNIT .."."".,......",....,...."".....",..,.....,..., 13 REVENUE CREDITS. . . . . . . . . . . . . , . . . . , . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . , . . 18 MAXIMUM FEE SCHEDULE................. ...,......... ,..................... 21 ORDINA;-.JCE AMENDMENTS, . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , 23 Tables Table 1: POPULATION GROWTH, 1990-2005 ,.....,..........."...................,.,.. 1 Table 2: PARK IMPACT FEE REVENUES, 2000-2005 .............,................,.".,.. 2 Table 3: AVERAGE HOUSEHOLD SIZE BY HOUSING TYPE. 2000 ..."....,........ ...... 7 Table 4: AVERAGE HOUSEHOLD SIZE BY BEDROOMS, 2000 '. ' . . . , , . . . . . , , , . . . . . , , , . . .. 8 Table 5: SINGLE-FAMILY HOUSEHOLD SIZE BY UNIT SIZE",...."....,.,. .".. ...... 9 Table 6: EQUIVALEKT DWELLI"G UMT MULTIPLIERS,..", ,..., , ,..."". ,..., "... 10 Table 7: DWELLING U"ITS BY TYPE AND jURISDICTIO", 2005 .'"""".,.....""". 11 Table 8: EXISTING RESIDENTIAL DEVELOPME'\T .,."...,...,..".,....,.....".", 12 Table 9: EXISTI"G PARK SERVICE U'\ITS "",.."",....",...."""""....,.,.". 12 Table 10: COMMU:--.iITY Al\iD REGIOl\iAL PARK INVE'\TORY ..'",."",.,..,."...'", 14 Table 11: BEACH Ac.iD BOi\T ACCESS I).iVE,\TORY , , , ,.".""""",.. .."..'.,..", 15 Table 12: PARK LAKD COSTS PER )\CRE ....,......,..,."...."."...,..,.."".,.'", 16 Table 13: COMMUc.iITY PARK REPLACE:\IENT COSTS ......,.............,........." 16 Table 14: REGIOKAL PARK REPLACE:\IENT COSTS """""""",.""".,."".",. 17 Table 15: PARK COST PER SERVICE UNIT . . , . , , . . . . , , , . . . . . , , , . . . , , , . . . , , , , . . . . . . . . . , .. 17 Table 16: PARK DEBT CREDIT ....,.",..., "..".."". ."",.,.",. ".,."."'. 18 Table 17: PARK GRANT FUNDING, 2000-2005 .,.....",......,....".,.,.,."........,.. 19 Table 18: PARK GRANT Fl:NDlNG CREDITS.,.,.,."..,.",.""""",.,."""..,... 19 Table 19: TOURIST DEVELOPMENT TAX CREDITS. . . . . . . , . , . , . , , , . . . , . . . . . . . . . , , . . . . .. 20 Table 20: PARK NET COST PER SERVICE UNIT."",.""", """.,.,......"",...... 20 Table 21: POTENTU\L PARK IMPACT FEES BY HOUSING TYPE AND UNIT SIZE. . . . . . . .. 21 Table 22: COMPARlSON OF Cl:RREi\T AND POTEl\iTIAL PARK FEES. . ' , , . ' , , . , , , , , , , . .. 22 prepared by Duncan Associates Clancy Mullen, Principal Author 13276 Research Blvd., Ste. 208, Austin, TX 78750 clancy@duncanplan.com 512.258.7347 ext 204 Collier CountylPARK IMPACT FEE UPDATE January 18, 2006, Page i Agenda Item No, 8A March 14, 2006 Page 15 of 48 ,- INTRODUCTION Collier County's park impact fees were last updated in 2002. As part of that update, the County made several major changes to the fees, including vatying the fees by housing type and unit size, charging hotel and motels, and providing for annual inflation adjustments. The primary purpose of this study is to update the fees to reflect the current level of service and current costs to provide park facilities, A secondary purpose is to take a fresh look at the impact fee methodology, ordinance and administrative practices, and to propose any refinements that might strengthen the legal defensibility of the impact fees and promote other community objectives. The County's regional park impact fee is calculated on the basis of countywide population, and is assessed on new residential development throughout the county, including within the incorporated municipalities of Naples, Marco Island and Everglades City. The community park impact fee is calculated on the basis of unincorporated county population, and is assessed only in the unincorporated areas. The county is not divided into benefit districts for either type of park fee. Collier County's rapidly growing population creates demands Figure 1 for new park facilities in order to maintain acceptable levels of COUNTY POPULATION, 1970-2020 service in terms of parks and recreational facilities. Park 500,"0 . , impact fees are one way to help ensure that rapid growth does , , not degrade the level of service for park facilities, As shown "'0000 , , , , in Table 1, the permanent, year-round population of the , , , county grew at an annual compounded rate of 5.2 percent 300,000 , ,- during the 1990s. Overall, the county's population increased by two-thirds during the last decade. The County's population 20" 000 grew at an even faster rate during the first half of this decade. \\7hile the population of the incorporated communities of 100.000 Naples, Macro Island and Everglades City only grew by 1.5 percent per year (which is still a significant rate of !,>Towth), the 01 unincorporated area of the county grew by 6.2 percent annually 1970 1980 1990 2000 2{110 2020 over the last five years. Table 1 POPULATION GROWTH, 1990-2005 Annual Increase Jurisdiction 1990 2000 2005 1990-2000 2000-2005 City of Naples 19,905 20,976 22,750 0.53% 1.64% City of Macro Island 9,493 14,879 15,930 4,60% 1.37% Everolades City 321 479 550 4.08% 2,80% Subtotal, Incorporated 29,719 36,334 39,230 2.03% 1,55% UnincorDorated 122,380 215,043 290,170 5,80% 6.18% Total, County-Wide 152,099 251,377 329,400 5.15% 5,56% Source: u.s. Census Bureau; April 1. 2005 projections from Collier County Planning Department, September 8, 2004 e'_' Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 1 --.,^". <"-.,.,...- -.,--.-. ---_._.--_.~ Agenda Item No. 8A March 14, 2006 Page 16 of 48 Since the County's park impact fees were updated in 2002, they have been generating an average of about $10 million annually. Most of the revenue is being generated in the unincorporated area, as shown in Table 2. Table 2 PARK IMPACT FEE REVENUES, 2000-2005 Fiscal Year Unincorp- Munici- (Oct 1-Sep 30) orated Area palities Total FY 1 999/2000 $5,710,621 $148,057 $5,858,678 FY 2000/2001 $5,937,115 $169,788 $6,106,903 FY 2001/2002 $6,223,145 $209,976 $6,433,121 FY 2002/2003 $6,530,619 $281,624 $6,812,243 FY 2003/2004* $11,371,279 $459,711 $11,830,990 FY 2004/2005 $8,425,808 $230,000 $8,655,808 * includes 2,8 million in pre-paid impact fees by Heritage Bay developer Source: Collier County, Office of Financial and Records Management, June 28 and December 29, 2005, -" -- Collier County\PARK IMPACT FEE UPDATE January 18,2006, Page 2 ~ _~ "M'_'. .._____'.._"m.^."...~ ..... ,_.~_.""._._._"-_..."-.._. Agenda Item No. 8A March 14, 2006 Page 17 of 48 - LEGAL FRAMEWORK Impact fees are a way for local governments to require new developments to pay a proportionate share of the infrastructure costs they impose on the community. In contrast to traditional "negotiated" developer exactions, impact fees are charges that are assessed on new development using a standard formula based on objective characteristics, such as the number of dwelling units constructed or vehicle trips generated. The fees are one-time, up-front charges, with the payment usually made at the time of building permit issuance. Essentially, impact fees require that each new development project pay its pro-rata share of the cost of new capital facilities required to serve that development. Because impact fees were pioneered in states like Florida that lacked specific enabling legislation, such fees have generally been legally defended as an exercise oflocal government's broad "police power" to regulate land development in order to protect the health, safety and welfare of the community. The courts have developed guidelines for constitutionally valid impact fees, based on "rational nexus" standards.' The standards set by court cases generally require that an impact fee meet a two-part test: 1) The need for new facilities must be created by new development, and 2) The expenditure of impact fee revenues must provide benefit to the fee-paying development, A Florida district court of appeals described the dual rational nexus test in 1983 as follows, and this language was quoted and followed by the Florida Supreme Court in its 1991 St. Johns County decision:' .- In order to satisfy these requil~ments, the local government must demonstrate a reasonable connection, or rational nexus, bef1JJeen the need for additional capita/facilities and the growth in population generated by the subdivision. In addif1'on, the government must show a reasonable connection, or raf1'onal ne>'7I-', bef1nen the expenditures of the funds collected and the benefits accruing to the subdil}ision, In order to satisfy this latter requirement, the ordinance must specifically earmark the fundr collected for use in acquiring caPita/facilities to benefit the new residents. The Need Test To meet the first prong of the dual rational nexus test, it is necessary to demonstrate that new development creates the need for additional parks and recreational facilities. The State's Growth Alanagement Act requires that counties establish levels of service for parks and recreational facilities and lThere are six Florida cases that have guided the development of impact fees in the state: Contractors and Builders Association oJPinellaJ County I'. City ~fDunedin, 329 So.2d 314 (Fla. 1976); Hol/JuJ(Jod, Inc. I'. Broward Coun!.'J', 431 So.2d 606 (Fla. 1976); Home Budders and C01llraClorJ Association qfPa/m Beach Coun(y, Inc. l'. Board ifCoun0' Commhriollers ~lPalm Beach County, 446 5o.2d 140 (Fla. 4"' DCA 1983): Seminole County I', City ofCa.r.relberry. 541 50.2d 666 (Fla. 5'" DCA 1989): City ofOmoond Bmeh tJ. County qfVolusia, 535 So.2d 302 (Fla. 5th DCA 1988); and St. Johns Coun!,y t'. l'\,T()rtheast Florida Builders Association, 583 So. 2d 635, 637 (Fla, 1991). , Hal/ya.oat!, Inc. 1'. Broa'ard County, 431 So. 2d 606, 611.12 (Fla. 4th DCA), review denied. 440 So. 2d 352 (Fla. 1983), quoted and followed in St. Johns County tJ.l\Tortheast Flonda Builrler..r Ass'n, 583 So. 2d 635, 637 (Fla. 1991). Collier County\PARK IMPACT FEE UPDATE January' 8, 2006, Page 3 .. - -~'~---_.- ~"'.~ -, ..~,- ---.-.""'..'- Agenda Item No. 8A March 14, 2006 Page 18 of 48 a plan for ensuring rhat such standards are maintained.' The County's comprehensive plan expresses the County's commitment to maintaining specified levels of service in terms of land and facilities per 1,000 residents.' The county's rapidly growing population creates demands for new park facilities in order to maintain acceptable levels of service, As shown earlier, the permanent, year-round population of the county increased by two-thirds during the 1990s. There is every indication that the strong growth the county has experienced in recent years will continue, Continuing strong population growth will create growing demands for community and regional park facilities to maintain currentlevels of service. This growth-induced need for parks capital improvements is reflected in the County's Capital Improvement Element, which programs $50 million for community and regional park improvements over the next five years,S The community and regional park impact fees are imposed on new residential and hotel/motel development, which is directly responsible for allowing the continued growth of the residential and tourist population in Collier County. The increased population will result in increased demand for parks and recreational facilities. If the County is to maintain its current levels of service of parks facilities, expressed as the ratio of acres of park land per 1,000 population, it will have to acquire and develop additional community and regional parks. 0:ot only are the County's park impact fees based on the need for parks, they are proportional to that need, for they are based on the average number of residents expected to occupy the unit, Since demand for park facilities is determined by the population residing in an area, the fees are proportional to the demand for park facilities. To ensure that new development is not charged more than its proportional share, the impact fees are reduced to take into account future debt service payments and grant funding attributable to new residential development that will be used for capacity-expanding park capital improvements, Finally, tbe County's impact fee ordinance contains a provision allowing an applicant who believes that his development will have less impact than indicated by the fee schedules to submit an alternative fee calculation study.6 The Benefit Test To meet the second prong of the dual rational nexus test, it is necessary to demonstrate that new development subject to the fee \\~1I benefit from the expenditure of the impact fee funds. One requirement is that the fees actually be used to fill the need that serves as the justification for the fees under the first part of tbc test. The County's impact fee ordinance contain provisions requiring that impact fee revenues be spent only on growth-related capital improvements for the type of facility for which the fee was collected: 3 Section 163.31i7(3)(a), Florida Statutes, proyidcs that "The comprehensive plan shall contain a capital improvements dement designed to consider the need for and the location of public facilities [defined to include parks and recreation] in order to encourage the efficient utilization of such facilities and set forth ... the adeguacy of those facilities including acceptable levels of service." 4 Collier Cot(1l0' COfl/prehensilJe Pian, Recreation and Open Space Element, as amended December 16, 2003; CoJlier County Annual Update C::'" IlIventor]' REport 011 Public FacilitieJ, December 2004 5 CollierCounl)' COlJlprebensi1J(' Pian, Capital Improvements Element, as amended June 7, 2005 (, Collier County Code of Ordinances, Sec. 74-204 Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 4 Agenda Item No, 8A March 14, 2006 Page 19 of 48 .>'.. The funds deposited into each impact fee trust fund shail be used solefy fOr the purpose of providinggrowth necessitated improvements and additions to the specific public facility for which the impact fee was assessed.. 7 Intpact fee trust funds shall not be used fOr any expenditure that would be classified as a maintenance or repair expense, nor shail they be used on improvement projects not included in the county's five year ClE. 8 These provisions ensure that park impact fee revenues are spent on park improvements that expand the capacity of the park system to accommodate new users, rather than on the maintenance or rehabilitation of existing park facilities or other purposes, Another way to ensure that the fees be spent for their intended purpose is to require that the fees be refunded if they have not been used within a reasonable period of time. The Florida District Court of Appeals upheld Palm Beach County's road impact fee in 1983, in part because the ordinance included refund provisions for unused fees9 Collier County's impact fee ordinance contains provisions requiring that the fees be returned to the fee payer if they have not been spent or encumbered within six years of fee payment.lO In sum, ordinance provisions requiring the earmarking of funds and refunding of unexpended funds to feepayers ensure that the fees are spent to benefit the fee-paying development. - , Collier County Code of Ordinances, See. 74-203(b) 8Co/lier County Code q!Ordinana:s, Sectiot! 74-203(c) ,- ') Home Builders A.u'" v. Board qfCoun(y Commirsioners qfPalm Beach Coun()', 446 So. 2d 140 (Fla. Dist. Ct. App. 1983) lOCal/ier County Code o/'OrdinanccJ! Section 74-203(f) Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 5 ------~._--^ ."-_. .._---,---- ------..-- Agenda Item No. 8A March 14, 2006 Page 20 of 48 BENEFIT DISTRICTS The Collier County park system has evolved into a single countywide resource. Facilities that are generally considered "regional" in terms of their use (e.g" swimming pools, amphitheaters) are sometimes located in at parks that are officially designated community parks. Conversely, facilities that are generally considered "community" in terms of their use (e,g., picnic pavilions, children's playgrounds) may be located at parks that are officially designated regional parks. For this reason, the system of separate benefit districts for community parks, in which all park impact fee revenues collected are earmarked to be spent on parks within that same district, was discontinued as part of the 1999 update, The only remaining geographic distinctions are that regional park impact fees are charged countywide and community park impact fees are charged only in unincorporated areas of the county. Community parks are provided by some local municipalities for the primary use of residents in the areas adjacent to such parks. The municipalities within Collier County provide such parks to their residents, with the County providing community parks to residents living in unincorporated areas. As a result, the County's impact fee for community parks is not charged within the cities. On the other hand, regional parks are designed to serve all residents of the counry, including residents in the incorporated areas. Therefore, the County's impact fee for regional parks is assessed on all new residential development within the CQtinn', Collier CountylPARK IMPACT FEE UPDATE January 18, 2006, Page 6 Agenda Item No, 8A March 14,2006 Page 21 of 48 ,-. SERVICE UNIT Disparate types of development must be translated into a common unit of measurement that reflects the impact of new development on the demand for park facilities. This unit of measurement is called a "senrice unit." The most common service unit used in park impact fee analysis, including the County's current park impact fees, is population, Population estimates are based on three factors: the number of dwelling units (and hotel/motel rooms for peak season population), average household sizes for various types of units and occupancy rates. The number of dwelling units can be estimated with some degree of precision, and average household size has been declining somewhat predictably but has been stabilizing in recent years, Occupancy rates, on the other hand, tend to vary significantly over time, and not in predictable directions. Consequently, this report recommends the use of a service unit that avoids the need to make assumptions about occupancy rates. This service unit is the "equivalent dwelling unit" or EDU, which represents the impact of a typical single, family dwelling. By definition, a typical single'family unit represents, on average, one EDU. Other types of units each represent a fraction of an EDU, based on their relative average household sizes, Since the level of service for park facilities is measured in terms of population, demand for park facilities is proportional to the number of people in a dwelling unit. Consequently, data on average household size for various types of units is a critical component of a park impact fee. The best available data source on average household size in Collier County is the 2000 U.S. Census. As shown in Table 3 below, average household size varies significantly by housing type, ranging from 2,00 persons per multi, -, family unit to 2.75 persons per single, family detached unit. These averages are virtually unchanged from the 1990 census. Table 3 AVERAGE HOUSEHOLD SIZE BY HOUSING TYPE, 2000 Housing Tvpe Population Households Avg, HH S,ze Single-Family Detached 135,222 49,175 2,75 Multi-Family 91,785 45,861 2.00 Mobile Home 19,582 7,937 2.47 Subtotal, Households 246,589 102,973 2.39 Source: U.S. Census Bureau, 2000 Census SF-3 (1-in-6 weighted sample data) for Collier County In addition, data are available on average household size by other housing characteristics, such as the number of bedrooms, from the 5 percent sample of households that filled out the long-form questionnaire, As can be seen in Table 4, average household size is strongly related to the number of bedrooms in the dwelling unit for single-family units, but only weakly related for multi-family units. ,- Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 7 .---.," ~.,,".- Agenda Item No, SA March 14, 2006 Page 22 of 48 Table 4 AVERAGE HOUSEHOLD SIZE BY BEDROOMS, 2000 Sample Weighted Weighted Average Housing Type Households Population Households Household Size Single-Family Detached Less than 3 Bedrooms 523 27,364 11,091 2.47 3 Bedrooms 1,417 78,353 29,827 2.63 4 Bedrooms 344 23,321 7,172 3.25 More than 4 Bedrooms 55 4,462 1,151 3.88 All Sizes 2,339 Multi-Family Less than 2 Bedrooms 351 15,366 7,737 1.99 2 Bedrooms 1,224 50,896 25,914 1.96 More than 2 Bedrooms 533 24,268 11,293 2,15 All Sizes 2,108 Source: u.s. Census Bureau, 2000 Public Use Microdata Sample (PUMS) 5% weighted sample data for Collier County. \X'hile the only measure of dwelling unit size recorded by the Census Bureau is bedrooms, it is recommended that the fees continue to be based on square footage rather than number of bedrooms, Although some Florida counties charge park and school fees on the basis of bedrooms, it can be an administrative challenge to determine the number of bedrooms when there is a financial incentive to disguise bedrooms as something else (a den or storage room, for example), An alternative is to translate bedrooms into size categories, as is done in the County's road and emergency medical services impact fees. To determine a relationship between the unit square Figure 2 footage and household population, the consultant RESIDENTS BY DWELLING SIZE compiled a data set with information on the square 3.50 footage of dwelling units from single-family detached ? and multi-family units derived from two different data ~oo ~ sources. The consultant compiled data on all 2,122 2.50 /' single-family homes listed for sale in Collier CountY , ' 2.00 from the !\:ational Association of Realtors web site (w'Ww,realtor.com) on June 24, 2005, These on-line 1.50 listings gIve square footage and the number of 1.00 bedrooms for each home offered for sale, For multi- family units, data on bedrooms and living area from (l50 building permit records was provided by County staff 0.00 for 3,089 duplex, single-family attached, condominium 500 1,500 2,500 3,500 4,500 and apartment units constructed in Collier County in Single-Family Unit Size (sq. ft.) 2004. To each data base, a variable for average household size was added, consisting of the average household size multipliers by housing type and numher of bedrooms derived from 2000 U.s. Census sample data. Regression analysis was then performed to determine the relationship benvcen unit size in square feet and persons residing in the unit. Both linear and logarithlnic regressions wefe performed. For single- Collier CountylPARK IMPACT FEE UPDATE January 18, 2006. Page 8 "_."""""_,;'"~~__,,,,,_'_'._-c .,,_ Agenda Item No, 8A March 14, 2006 Page 23 of 48 -- family units, both the linear and semi-logarithmic regressions were statistically significant, with the semi- logarithmic equation having slightly greater explanatory power, accounting for 33 percent of the variation.11 None of the equations for multi-family units were statistically significant, reinforcing our earlier observation that the relationship between unit size and number of residents is weak for multi- family units. The current size categories for single-family park fees ~ess than 1,800 sq. ft, 1,800 to 3,000 sq. ft., and more than 3,000 sq, ft.) do not match those for roads and emergency medical services ~ess than 1,500 sq, ft., 1,500 to 2,499 sq. ft., and 2,500 sq. ft, or more), creating some administrative difficulties. For administrative simplicity, the updated single-family fees will use the same categories used for the other two types of impact fees. The average household size for each size category is calculated by applying the equation derived above to the midpoint of the square footage range, as shown in Table 5. Table 5 SINGLE-FAMILY HOUSEHOLD SIZE BY UNIT SIZE Avg. Unit Average Dwelling Size Range Size (sq It I Household Size Less than 1,500 sq, ft. 1,200 2.50 1,500 - 2,499 sq. ft, 2.000 2.75 2,500 5 . ft or more 3,300 2.99 Source: Average unit size from Collier County building permit data for FY 2004/2005; average household size is derived by substituting the average size for x and solving for y in the equation described in the text. - As described earlier, the proposed service unit for Collier County's revised park impact fees is defined as an equivalent dwelling unit, or EDU. An EDU is a unit that has an average household size equivalent to a typical single-family unit in Collier County. The ED Us associated with each housing type and unit size category are shown in Table 6, :">Jote that multi-family units, which are currently assessed on the basis of three unit size categories, are proposed to be assessed on a per unit basis, This is because the updated analysis presented in this report did not find a statistically significant relationship between dwelling size and household residents for multi-family units, - 11 The semi-logarithmic equation for single-family detached units is y = 0.488 * In(x) _ 0.964 (r-square := 0.333), where x is square fect ofliving area and y is household size. Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 9 -- "._-- '"---- -^ .,.""- -'--'--'--' ..---..---- ,--._.- -'''--'-''----''- Agenda Item No. 8A March 14, 2006 Page 24 of 48 Table 6 EaUIVALENT DWELLING UNIT MULTIPLIERS Average Household EDUsl land Use Size Umt Single-Family Less than 1,500 sq, ft, 2.50 0.91 1,500 - 2,499 sq. ft. 2,75 1.00 2,500 sa. ft, ar mare 2.99 1.09 All Sizes 2.75 1.00 Multi-Family 2,00 0.73 Mobile Home 2.47 0.90 Hatel/Matel 'raam' 1.34 0.49 Source: Average household size tor all sizes of single-family and multi- family units and for mobile homes from Table 3; average household sizes by size categories from Table 5; average household size for hotel/motel rooms is based on one-half of average vehicle occupancy on vacation trips from U.S. Department of Transportation. Nationwide Household Travel Survey, 2001 , EDUs/unit is ratio of average household size to single-family detached average household size. In order to determine the existing level of service, it is necessary to estimate the total number of EDUs, both countywide for the regional park impact fee, and in the unincorporated area for the community park fee. The first step is to compile an estimate of existing dwelling units by type in each jurisdiction. This is shown in Table 7. Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page' 0 Agenda Item No, 8A March 14, 2006 Page 25 of 48 - Table 7 DWELLING UNITS BY TYPE AND JURISDICTION, 2005 4.1/2000 New UllIts, Est Units Housmg T vpe Units 4/1/00-6/1/05 6/1/2005 Single-Family Detached 5,859 1,769 7,628 Multi-Family 10,944 1,824 12,768 Mobile Home 157 0 157 Total, Napies 16,960 3,593 20,553 Single-Family Detached 5,332 870 6,202 Multi-Family 9,512 458 9,970 Mobile Home 27 0 27 Total, Marco Island 14,871 1,328 16,199 Single-Family Detached 169 49 218 Multi-Family 23 12 35 Mobile Home 148 0 148 Total, Ever91ades City 340 61 401 Sin9ie-Family Detached 45,509 15,204 60,713 Multi-Family 55,296 17,863 73,159 Mobile Home 11,560 672 12,232 - Total, Unincorporated 112,365 33,739 146,104 Sin9le-Famiiy Detached 56,869 17,892 74,761 Multi-Family 75,775 20,157 95,932 Mobile Home 11,892 672 12,564 Total Countvwide 144 536 38721 183 257 Source: 2000 dwelling units from U,S, Census; new units for unincorporated county from Collier County building permit records; new units for municipalities from building permit records as recorded on the Census Bureau web site. The estimated dwelling units by type and hotel/ mote] rooms for the incorporated and unincorporated areas of Collier County are summarized in Table 8. ,_. Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 11 -,,-- -_P. --. "_"'__"""_h._ Agenda Item No, 8A March 14, 2006 Page 26 of 48 Table 8 EXISTING RESIDENTIAL DEVELOPMENT Unincorporated Total land Use Cities Area County Single-Family Detached 14,048 60,713 74,761 Multi-Family 22,773 73,159 95,932 Mobile Home 332 12,232 12.564 Total Dwelling Units 37,153 146,104 183,257 Hotel/Motel Rooms 4,047 4,599 8,646 Source: Dwelling units from Table 7; hotel/motel rooms from Collier County Office of Financial and Records Management. May 10, 2002 and June 28. 2005. The final step in determining total service units is to multiply the number of existing residential units by the EDUs per unit calculated earlier based on relative average household sizes. To determine the total EDUs for the purpose of the community park impact fee, the number of existing dwelling units of each housing type in the unincorporated area is multiplied by the appropriate EDUs per unit and the results for all housing types are summed. The same approach is used countywide to determine regional park EDUs. As shown in Table 9, there are 127,382 park service units (EDUs) in the unincorporated parts of the county, and 160,336 park service units countywide. Table 9 EXISTING PARK SERVICE UNITS Existing EDUs! Total land Use Units Unit EDUs Single-Family Detached 60,713 1.00 60,713 Multi-Family 73,159 0.73 53,406 Mobile Home 12,232 0,90 11,009 Hotel/Motellroom) 4,599 0.49 2,254 Community Park EDUs, Unincorporated Area 127,382 Single-Family Detached 74.761 1.00 74,761 Multi-Family 95,932 0.73 70,030 Mobile Home 12,564 0.90 11,308 Hotel/Motellroom) 8,646 0.49 4,237 Reaional Park EDUs Countvwide 160 336 Source. Existing units from Table 8: EDUs/unit from Table 6, Collier CountylPARK IMPACT FEE UPDATE January 18, 2006, Page 12 Agenda Item No, 8A March 14, 2006 Page 27 of 48 - COST PER SERVICE UNIT There is not necessarily a close link between the formal levels of service adopted by a community in its comprehensive plan and the methodology used to calculate impact fees. Generally, impact fees are based on the existing levels of service, rather than ,adopted or desired levels of service. In addition, the levels of service used in calculating park impact fees generally rely on the replacement value of existing park land and improvements, rather than on acres, since, for example, an acre of intensively-developed park land is not equivalent to an acre of open space or passive recreation land. This study continues the approach of basing the park impact fees on the existing level of service and measuring that Jevel of service in terms of the ratio of the replacement value of existing facilities to some measure of existing residential development. An initial step in determining the current level of service is to identify the current inventory of park land owned by the County. The locations of the County's existing community and regional parks are illustrated in Figure 3, Since the beach front is mostly developed, the County will not be acquiring much new land near the beach. The exception will be small sites for additional beach and boat access. Consequently, boat access and beach parking sites were inventoried separately from other regional park land. The remaining acreage of beach parks, excluding the portion used for parking, was included with the acreage of other regional parks and valued at the same replacement land cost as non-beach parks. The detailed inventory of community and regional parks, excluding beach and boat access, is presented in Table 10. The detailed inventory of beach and boat access sites is presented in Table 11, - Figure 3 LOCATION OF COMMUNITY AND REGIONAL PARKS -"""'" I ~""l~ .. Community Pari< ! J . Regional Pari< \ J -"""'" ... . ~I I =, ~ ~ """'" ' '1 \ I lit .... . ~ . ,>" 0>> . ,<AU ~'l .Jk,1 ~ ..... I5UlIIl _ "" ~ ',- ,i_ ,~AOES u.s.,oM______ ~ 1 ~_""'__ClfClkOI._ - Collier County\PARK IMPACT FEE UPOATE January 18, 2006, Page 13 .~-- .- -.-----.- - - - -"--.'.--'--,---,,,,~- Agenda Item No. 8A March 14, 2006 Page 28 of 48 Table 10 COMMUNITY AND REGIONAL PARK INVENTORY "" '0 ; a.. ... U 0 C,,) c", > Q) a.. U .- 0 U "C 1:: CI) .. "t:l> oca=_.......J::I...lIii: :3 _c.t::~cn~.>!e-~...Jou~ .c CCl:::::lC._- ca-::::I _uora ~ ~ ~ 2 ::I E ~ ~ a.. ~ a.. i G ~ % a.. .c.CI: Cl) O)E E.CI:'- U :::::I..!.:;:"c'-'" CI) Co 3: ~ > E .- '0 ~ 'c 8' !:! 'S ~ 2 ..! '; Park Acres ~ ~ ~ :. l~ r~ J: .Q ii: ~ i ;j r~ Q) ~ ~ Airport Park 19.00 1 1 Corkscrew Elem. School nla 1 2 1 1 4 Eaale Lakes Park 32.00 1 1 1 2 1 2 1 E Naples Comm Park 47.00 4 1 1 1 2 2 4 6 1 8 1 1 Golden Gate Comm Ctr 14.00 1 1 1 1 1 Golden Gate Comm Pk 35,00 1 2 1 1 1 2 2 4 6 3 4 Golden Gate Pathway 3.00 Gulfcoast Linle Leaaue 5,00 2 Immokalee Snorts 14,00 1 2 1 Immokalee Comm Pk 23,00 1 3 1 1 1 1 2 1 2 Lucerne 7.00 Manatee 60,00 Max Hasse 20.00 1 1 1 1 2 2 Oranae Tree 47.00 Osceola Elem. School n/a 2 Pelican Bav 15.00 1 1 1 1 1 4 1 8 Sabal Palm Elem. School nla 2 2 2 Tony Rosbough Pk 7.00 2 Veterans Park 40,00 1 2 1 1 1 2 4 3 4 1 Vineyards Comm Park 35,50 2 1 1 4 1 7 4 6 2 4 Subtotal, Community Parks 423.50 2 5 20 10 6 2 15 8 18 22 2 18 23 36 2 2 Barefoot Preserve* 141.80 1 Clam Pass' 26,25 N Collier Reaional Park 212,00 Oranae Tree Reaional Park 90,OO Sua den Reaional Park 120.00 1 1 1 7 Tiaertail Beach' 21.10 1 Vanderbilt Extension 120.00 Subtatal, Reaional Parks" 731.15 1 0 0 2 0 0 0 1 8 0 0 0 0 0 0 0 Total, Comm & Rea, Parks" 1,154.65 I 3 5 20 12 6 2 15 91261221 2118123136 2 2 ... excluding beach parking and associated acres iHI excluding beach and boat access facilities (see next table) Source: Collier County, Annual Update & Inventory Report on Public Facililies, December 2005 draft. Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 14 Agenda Item No, SA March 14, 2006 Page 29 of 48 Table 11 BEACH AND BOAT ACCESS INVENTORY .:: '0; c ... ; u~~=o U"Cl t:t' .... "0 l:' 0 ftl = = .....J::a ~ : =c._g'CI)~.>lllIe-~..Joui: .c=.2::ac.-::::-tnca;!::a.o:::::'uo ns :!:: IV.. 2:::a Eli cD.. CPa.. Q)'ftji lI)~ a.. .c.c CD tnE E..Q'- u ::a'.!.:E.c'-'" II) Beach Boat Boat Q.CP..lIl: >E.-.... cn'2 r::r~::s.:t: C.,!!... elflCllftl :=o=uu:::s c- ftl Park Acres Parkin~ Ramps Parking if ~ ~ :a:: 8 cIi af ~ a::: ~ :!: t5 ~ .! ~ ~ 951 Boat Ramo 0,50 2 19 Bayview 4.95 2 16 1 1 Caxambas Park 4.20 2 31 Cocohatchee 7.20 4 58 1 3 Goodland 5.00 Lake Trafford 2,30 1 8 ubtotal, Boat Access 24.1~ ( 11 132 o 0 o 2 o 0 o 0 4 0 o 0 o 0 0 0 Barefoot Access 5.00 100 Barefoot Preserve* 17.80 258 Clam Pass* 8,75 175 Conner Park 5.00 80 N Gulfshare 0,50 38 South Marco Beach 5.00 70 TiQertail Beach* 10,50 210 1 ,- Vanderbilt Beach 5.00 150 >:>ubtotal, Beach Parkinq 57,55 1,081 0 o 0 o 0 1 o 0 o 0 o 0 o 0 o 0 0 0 Total, Boat & Beach Access 81.70 1,081 11 132 o 0 o 3 o 0 o 0 4 o 0 o 0 0 0 0 .. parking portion only (see previous table for non-parking portion) Source: Collier County,Annua/ Update & Inventory Report on Public Facilities, December 2005 draft; boat parking spaces from Collier County Parks and Recreation, Boat and Beach Access Report, 2003 As part of the impact fee update, the County retained an appraiser to determine appropriate park land costs for the fee calculations, The appraiser identified 58 recent sales throughout Collier County that were most comparable to most community and regional park sites, The appraiser interviewed the buyer, seller or agent involved in each transaction to verify the selling price, financing, motivation to purchase and sell and any lease and/ or incomc expense information, To reflect the extremely rapid rate of land appreciation currently being experienced in Collier County, these recent sales prices were inflated by 5 to 14 percent per month, depending on the area, to approximate current land prices, The land costs used in this study arc presented in Table 12. - Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 15 ~'-""_._--" .--..--- -,....-- ..-.----- ------. Agenda Item No, 8A March 14, 2006 Page 30 of 48 Table 12 PARK LAND COSTS PER ACRE Community/Regional Park $200,000 Beach Parking $4,000,000 Boatin Access $1,475,000 Source: Average per acre costs for community and regional parks and beach parking from Coastal Engineering Consultants, Co/lier County Park Land Value Study, June 2005: boating access cost based on 1.69 acres for Lely Barefoot Beach purchased in 2001 for $4.75 million and 5.22 acres purchased for Goodland Boat Ramp in 2002 for $4.588 million, inflated to current dollars using the July 2005 Consumer Price Index, The community park portion of the impact fee is based on the existing level of service, which consists of the replacement value ofland used for community parks and facilities that are not regional in nature. These non-regional facilities tend to be located in community parks, but can also be located in regional parks. The estimated replacement values of the County's current community parkland and non-regional recreational facilities are summarized in Table 13. Table 13 COMMUNITY PARK REPLACEMENT COSTS Type Units Unit Cost Cost Community Park Land (acres) 423.5 $200,000 $84,700,000 Bicycle Trail (miles) 64 $59,600 $3,814,400 Jogging Trail (miles) g $59,600 $536,400 Picnic Pavilion 26 $57,900 $1,505,400 Racquet Ball Court 22 $42,400 $932,800 Shuffleboard Court 18 $29,800 $536,400 Softball/Little League Field 23 $425,100 $9,777,300 Tennis Court 36 $42,400 $1,526,400 Baseball Field 5 $656,700 $3,283,500 Basketball Court 20 $42,400 $848,000 Playground 15 $109,300 $1,639,500 E Naples Community Center (sq, ft.) 6,966 $300 $2,089,800 Golden Gate Community Center (sq. ft.) 27,295 $300 $8,188,500 Immokalee Community Center (sq. ft.) 6,966 $300 $2,089,800 Max Hasse Community Center (sq. ft.) 9,483 $300 $2,844,900 Veterans Park Community Center (sq. ft.) 6,966 $300 $2,089,800 Vineyards Park Community Center (sq. ft.) 9,664 $300 $2,899,200 Football/Soccer Field 15 $417,900 $6,268,500 Total $135,570,600 Source: Units from Table 10; cost per acre from Table 12; square feet of community parks and unit costs from Collier County Parks Department. December 21, 2005, Collier CountylPARK IMPACT FEE UPOATE January 18, 2006, Page 16 ~..'".._-_..,,~"..".~ .., Agenda Item No, 8A March 14, 2006 Page 31 of 48 The regional park portion of the park impact fee is based on the existing level of service, which consists of the replacement value of (1) land used for regional parks and (2) recreational facilities that are regional in nature, regardless of whether they are located in regional parks. The estimated replacement values of the County's current regional park land and regional recreational facilities are summarized in Table 14. Table 14 REGIONAL PARK REPLACEMENT COSTS Type UnIts Unit Cost Cost Regional Park land (acres) 731,15 $200,000 $ 1 45,230,000 Beach Parking Land (acres) 57.55 $4,000,000 $230,200,000 Boat Access Land (acres) 24.15 $1,475,000 $35,621,250 Beach Parking (space) 1,081 $5,810 $6,280,610 Boat Parking (space) 132 $5,810 $766,920 Boat Ramp 11 $298,500 $3,283,500 Multipurpose Center 2 $8,000,000 $16,000,000 Roller Hockey 2 $327,800 $655,600 Skate Park 2 $437,000 $874,000 Amphitheater 3 $273,300 $819,900 Swimmina Pool 2 $2,185,500 $4,371,000 Total $445,102,780 Source: Units from Tables 10 and 11. costs per acre from Table 12; other unit costs from Collier County Parks Department. December 21.2005. -- Dividing the total replacement cost of existing park land and capital improvements by the number of existing park service units (or EDL's) yields the cost per EDU to maintain the existing level of service. The cost to maintain the current level of service for community parks in unincorporated areas of the county is $1,064 per EDU, as summarized in Table 15. The cost per service unit to maintain the current countywide level of service for regional parks is $2,776 per EDL'. Table 15 PARK COST PER SERVICE UNIT Community Regional Parks Parks Total land Replacement Cost $84,700,000 $412,051,250 $496,751,250 Oeveloment RenJacement Cost $50,870,600 $33,051,530 $83,922,130 Total Park Replacement Cost $135,570,600 $445,102,780 $580,673,380 Equivalent Dwellina Units (EDUs) 127,382 1 60,336 nla Park Cost per EDU $1064 $2 776 $3 840 Source: Park replacement costs from Tables 13 and 14; EDUs from Table 9 .-- Collier County\PARK IMPACT FEE UPOATE January 18, 2006, Page 17 " --_..._---,.~ ."-, '--.-.- -..-.--- Agenda Item No, 8A March 14, 2006 Page 32 of 48 REVENUE CREDITS Two fundamental principles of impact fees should be used to guide the development of revenue credits, which are essentially reductions of the impact fees in order to account for future revenues that will be generated, directly or indirectly, by new development and used to pay for the same type of capital facilities that the impact fees are being charged for. The first principle is that new development should not be required to pay for a higher level of service than existing development. The second principle is that new development should not have to pay more than its proportionate share when multiple sources of payment are considered Ca concept often referred to as "double-charging"). Consistent with these principles, new development should not be required to pay for new park facilities required to maintain the existing level of service through impact fees, while also having to pay for existing park facilities through properry tax or other payments used to retire outstanding debt. In addition, a credit will be provided for that share of new park facilities that will be funded through state or federal grants or other outside funding sources. Finally, the fee will be reduced to reflect the portion that will be funded by dedicated local funding sources, such as the Tourist Development Tax. Collier Counry taxpayers are repaying two bond issues that were used in whole or in part to fund communiry or regional park improvements, Among other projects. the 2005 bonds were issued to develop the North Naples Regional Park, and the portion of the debt service attributable to that project will be repaid with park impact fees. These improvements have not yet been completed and are not included in existing level of service, Consequently, no credit is warranted for the 2005 bonds. The 2002 bonds funded, among other things, the purchase ofJand for Barefoot Beach Preserve and the Goodland Boat Ramp. These properties have been included in the existing level of service, and impact fees are not being used to retire the debt. T nstead, the debt is being retired with sales tax revenue, Consequently, new development will contribute sales tax payments that will be used to retire debt on existing facilities, and should receive a credit in the form of a reduction in impact fees. One way to account for outstanding debt is simply to subtract outstanding debt from the replacement value of existing park facilities, so that the fees are based on the County's equiry value in the facilities. Because the debt was incurred for regional park land, the regional cost per sen-ice unit can be reduced by the percentage of outstanding debt. As shown in Table 16, outstanding debt for past park-related improvements amounts to 1.7 percent of the total replacement value of the County's regional park system. Table 16 PARK DEBT CREDIT 2002 Bonds Used to Purchase Barefoot Beach Preserve Land $3,810,000 2002 Bonds Used to Purchase Goodland Boat Ram Land $3,778,360 Total Outstanding Debt Principal $7,588,360 Total Re ional Park Re lacement Value $445,102,780 Percent of Existin Regional Facilities Not Paid For 1.7% Source. Outstanding debt from Collier County Finance Department, October 5, 2005; total regional park replacement value from Table 15. Collier County\PARK IMPACT FEE UPDATE January 18. 2006, Page 18 Agenda Item No, 8A March 14, 2006 Page 33 of 48 As noted above, the park impact fees will also be reduced to account for the likelihood that some growth-related park costs can be paid for with federal and state grants. Over the last five years, Collier County has received an average of $897,000 annually in grants for park improvements, as summarized in Table 17. Table 17 PARK GRANT FUNDING, 2000-2005 Grant Date Description Amount Florida Dept. of Env. Protection 2001 Sugden Park - Bike Path around Lake $100,000 US Dept of HUD (CDBG Block Grant) 2003 Addition to E Naples Community Center $593,000 Florida Communities Trust 2004 Acquisition of Barefoot Beach Outparcel $1,B87,984 Florida Communities Trust 2005 Acauisition of the Mar-Good Resort $1,905,000 Total Grant Funding, 2000-2005 $4.485,984 AveraQ€ Annual Grant Fundioa $897 000 Source: Collier County Parks and Recreation Department. April 13. 2002. January 21, 2005 and January 18, 2006 Since park grants can be spent on either community or regional park land or improvements, the credit will be allocated between them based on their relative share of total park replacement value, Based on recent funding and growth trends, the County has been receiving $144 in park grant funding for each new single-family unit or equivalent, as shown in Table 18. Table 18 .- PARK GRANT FUNDING CREDITS Community Regional Parks Parks Total Existing Facility Replacement Costs $135,570,600 $445,102,780 $580,673,380 Annual Park Grant Funding, 2000-2005 $209,000 $688,000 $897,000 Annual New EDUs, 2000-2005 5,623 6,453 nia Grant Fundina Credit ner New EDU $37 $107 $144 Source: Existing replacement costs from Tables 13 and 14: total annual park funding from Table 17; annual funding for community and regional parks allocated according to relative share of replacement costs; annual new EDUs based on new housing units from Table 7 and average EDUs per unit (total 2005 EDUs from Table 9 divided by total 2005 housing units from Table 7). The County imposes a three-percent Tourist Development Tax on short-term rentals of living accommodations pursuant to Section 125.0104, Florida Statutes. This funding is currently being used for beach access site renovations and to retire the debt on the Vanderbilt Beach parking garage. The policy of the Tourist Development Commission set up to advise the County Commission on the expencliture of these funds is to allocate approximately one-third of annual revenues to beach access projects, This is anticipated to amount to an average of about $2.25 million annually over the next three years, Based on recent gro\\'1:h rates in the County, this source of funding amounts to $350 per new EDU, as shown in Table 19. -. Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 19 . -~-~-". ",_..,. --- -,_._-,", Agenda Item No, SA March 14, 2006 Page 34 of 48 Table 19 TOURIST DEVELOPMENT TAX CREDITS FY 2006 Budgeted $2,244,000 FY 2007 Projected $2,217,100 FY 2008 Pro'ected $2,305,700 Average Annual Beach Access Funding $2,255,600 Annual New Re ional Park EDUs 6,453 Tourist Develo ment Tax Credit er New EDU $350 Source: Annual funding from Collier County Office of Management and Budget. January 13, 2006; annual new regional park EDUs trom Table 18. Reducing the costs per service unit by the park debt credits, anticipated grant funding and Tourist Development Tax credit leaves a community park net cost of $1 ,027 per EDU for new development in the unincorporated area, and a regional park net cost of $2,272 per EDU for new development throughout the county, as shown in Table 20. Table 20 PARK NET COST PER SERVICE UNIT Community Regional Parks Parks Total Cost per EDU $1,064 $2,776 $3,840 Debt Credit per EDU $0 $47 $47 Grant Funding Credit per EDU $37 $107 $144 Tourist Development Tax Credit per EDU $0 $350 $350 Net Cost Der EDU $1 027 $2 272 $3 299 Source: Costs per EDU from Table 15; regional debt service credits per EDU is cost per EDU times percent from Table 16; grant funding credits from Table 18; Tourist Development Tax credit from Table 19, Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 20 ,,~-,~-"p,-"'~"-~~".'-'<'~'> . Agenda Item No, 8A March 14, 2006 Page 35 of 48 MAXIMUM FEE SCHEDULE The maximum fees that could be adopted by the County Commission based on this study are shown in Table 21. Note that while single-family detached and mobile/manufactured homes on individual lots would be assessed based on the size of the unit, other types of residential development would be assessed as a flat rate per dwelling unit, mobile home/RV park pad site or hotel/motel room. Table 21 POTENTIAL PARK IMPACT FEES BY HOUSING TYPE AND UNIT SIZE Community Parks _ ~ Regional Parl<s _ EDUsl Net Cost Net Cost Net Cost Net Cost Combined land Use Unit per EDU per Unit per EDU per Unit Fee Single-Family Detached: Less than 1,500 sq. ft. 0.91 $1,027 $935 $2,272 $2,068 $3,003 1,500 - 2,499 sq. ft, 1,00 $1,027 $1,027 $2,272 $2,272 $3,299 2,500 sq. ft. or more 1.09 $1,027 $1,119 $2,272 $2,476 $3,595 Multi-Family 0.73 $1,027 $750 $2,272 $1,659 $2,409 Mobile Home/RV Park (pad) 0.90 $1,027 $924 $2,272 $2,045 $2,969 Hotel/Motel room 0.49 $1027 $503 $2 272 $1 113 $1616 Source. EDUs/unit from Table 6; net cost per EDU for community and regional parks from Table 20. -- The revised fees by housing type calculated above are compared with the County's current park fees in Table 22. The significant potential fee increases are primarily attributable to the rapidly increasing land costs in the county. Because the proposed single-family unit size categories change slightly, the amount of change in the fee depends on the size of the unit, For multi-family units, the proposed change to a flat rate, reflecting the lack of data to support significant differences in impact between unit sizes, again makes the change in fee depend on the size of the unit, .- Collier County\PARK IMPACT FEE UPDATE January 1 B, 2006, Page 21 -.--......---. -------..,-.- _~.___.._. "._'m -------,.__...,- Agenda Item No. 8A March 14, 2006 Page 36 of 48 Table 22 COMPARISON OF CURRENT AND POTENTIAL PARK FEES _ _ _ ____c::omn~tyJ>~~______ _ ____R~ Current Potential Potential Current Potential Potential land Use Fee Fee Change Fee Fee Change Single-Family Detached Less than 1,500 sq. ft. $632 $935 $303 $631 $2,068 $1,437 1,500 - 1,799 sq. ft. $632 $1,027 $395 $631 $2,272 $1 ,641 1,800 - 2,499 sq. ft. $822 $1,027 $205 $821 $2,272 $1 ,451 2,500 - 2,999 sq. ft. $822 $1,119 $297 $821 $2,476 $1,655 3,000 sq. ft. or more $972 $1,119 $147 $970 $2,476 $1,506 Multi-Family Less than 1,800 sq. ft. $498 $750 $252 $497 $1,659 $1 ,162 1,800 - 2,999 sq. ft. $562 $750 $188 $561 $1,659 $1,098 3,000 sq. ft. or more $728 $750 $22 $726 $1,659 $933 Mobile Home/RV Park (pad) $688 $924 $236 $687 $2,045 $1,358 Hotel/Motel room $403 503 $100 $402 1 113 $711 Source: Current fees from Collier County, Impact Fee Schedule Effective August 1,2005; potential fees from Table 21, .-.~ - Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 22 ~."-" -~...._.. _...~~,~ Agenda Item No. 8A March 14, 2006 Page 37 of 48 ORDINANCE AMENDMENTS In order to implement the fIndings of this study, the following changes should be made to Chapter 74: Impact Fee Regulations, of the Collier Code of Ordinances, To update the study reference, Sec. 74-106(3) should be corrected to read: (3) Parks and recreational facilities: "Park Impact Fee Update for Collier County, Florida," prepared by Duncan Associates Oanuary 2006); Annual cost inflation adjustments between the mandated three-year updates could be modifIed by adding a land cost inflation component using the following suggested textual changes to Sec. 74-304(g): (g) Annual mid-cycle parks and recreational facilities impact fee rate indexing. Collier County Resolution No. 2002-304, adopted June 25, 2002, established a parks and recreational facilities impact fee rate schedule three-year update program, which commenced on June 25, 2002, pursuant to subsections 74-201 (b) and 74-502(a) of this chapter. In each of the two mid-cycle years (between the formal three-year updates) AUJ L~b~Ull.";ue uu Vi a'._H.-H..lL J LU.!.... 2:;, ZOG':', lit.... \"'vuuly ;:.LaH ~.lUl-'kUH_ul ..;uJ....~ub aJju;:!L1.lH..-ul;:! Lv L.d....L 1--'<1.11..;:. a.uJ lLUl.-abvual Lt\.....;1~L::> ":lH}ltlLl f\...\... tuuuuul 'uy <l [.laL~UH, lL\.,.. UUUIL.ldlv.l v[ wL";....L ;,LaH L.... cln_ "CUU;:,UIW....L f.l":LL IuJ....h--~~E,uu~-rL Lt1uJL.LJak ?~fS/:l., iL, l:JI IlL..lH"," <1;) l.....pu.Ll....J Ly lit\.- 'CU':LL.J SLall...;) DU.L'-dU v[La'uvl SL:lG"bL.;:!, fuJ. LlH... l.lJvM .U...LL.uL }JL..L':uJ fu.l v.l~....L h6U.u",;:. aLL Ul.....U av~la.Lk, <1.uJ Lit\... J.....uuJ.J1.:uaJu.l v[ ,^,L~LL _. [.La....~u.u "LaB 'u.... "CUU;:lUHH...1- r L";\...L. IuJL..A--l~La.u.l~-rL. L<l.uJ\...lJ.d.....l~fS"':\., fL, /Ji Il"-J..l1::>,1l a.::> .lLpULl....J 'u) LL..... L\~lL.J Slak;:) DI,.J.u,..al,.J. v[ La~v.L Sla~;:)~L.;:), .;V! VUL. jL.a! 1--'.L~I..H LV LI!L. l.J....L~vJ .:>1--'L.L.~G...J ~U tIlL. !!l,.J.ulL.JaLvL The development cost component of the fee. which is 38 percent of the total communitv park fee and 7 percent of the total revional park fee. shall be adiusted bv the chanve in the national Enfineennf Neu'J-Record Construction Cost Index over the most recent twelve-month period for which data is available. The land cost component of the fee. which is 62 percent of the total community park fee and 93 percent of the total regional park fee shall be adiusted based on the percenta~e chanfe in county-wide iust land values over the most recent twelve-month period for which data is available from the Collier County Propertv Appraiser. provided that the total increase in the land component in anv vear shall not exceed 15 percent. Mid-cycle indexed rate change adjustments shall be adopted by a resolution of the board pursuant to subsection 74-201 (b) of this chapter. Finally, the parks impact fee schedule should be replaced with the following: COMMUNITY PARKS: Calculated on Living Area RATE PER SINGLE-FAMILY DETACHED: Less than 1,500 Sq, Ft. $935 Dwelling Unit 1,500 to 2,499 Sq. Ft. $1,027 Dwelling Unit 2,500 Sq, Ft. or More $1,119 Dwelling Unit -- MULTI - F AMIL Y $750 Dwelling Unit MOBILE HOME/RV PARK $924 Pad HOTEL/MOTEL $503 Room Collier County\PARK IMPACT FEE UPDATE January 18, 2006, Page 23 ..,-~_._.- .--"----.-.-,---- Agenda Item No. 8A March 14, 2006 Page 38 of 48 REGIONAL PARKS: Calculated on Living Area RATE PER SINGLE-FAMILY DETACHED: Less than 1,500 Sq. Ft. $2,068 Dwelling Unit 1,500 to 2,499 Sq. Ft. $2,272 Dwelling Unit 2,500 Sq. Ft. or More $2,476 Dwelling Unit MULTI-FAMILY $1,659 Dwelling Unit MOBILE HOME/RV PARK $2,045 Pad HOTEL/MOTEL $1,113 Room ,-- ..,...... Collier County\PARK IMPACT FEE UPDATE January 18,2006, Page 24 -'._-,-'. _~'._". d,_" ...~M'. ,._&- ~-~~,._".."_. --...--.------ Agenda Item No, 8A March 14, 2006 Page 39 of 48 I' COASTAL CECI Grouo ServIcElll ENGINEERING CM! Englneerlng CONSULTANTS Planning Services Survey & Mapping INC. Coastal Engineering A CECI GROUP COMPANY Real Estate ServIces Webslle: www.coas1alenglneerlng.com June 24. 2005 Ms, Paula Relshman Impact Fee Analyst Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Park Land Value S1udy ~"'. Dear Ms. Fleishman. Please accept 1hls letter as 1he Introduction to 1he CollIer County Park Land Value Study 1hat follows. In keeping wl1h my proposal letter to you dated March 22, 2005 I have completed 1he study based on 1he eight (8) geographic areas outlined wl1hln 1he aforementioned letter, In ihe following document I will provide an overall map of 1he County followed by Individual maps of 1he eight geographically designated areas. Following each of the Individual maps will be 1he data sheets and aerial photographs for each of 1he sales within 1helr respective geographic areas. In addliion 1he Individual sections will prOVide an overview of 1he underlying market trends and an average appreciation per mon1h for 1he specific areas. Needless to say 1he market has changed dramatically over 1he past 1wo years as will be evidenced In ihe sale resale analysis utilized to abstract a - , ~n )... .'~ '-, " ,. " 1_ ------..-.-. '-'-'"-- .~_.,.,-- ___'_,._~_.",m" Agenda Item No. 8A March 14, 2006 Page 40 of 48 Ms. Paula Fleishman - Impact Fee Analyst June 24. 2005 Collier County Park Land S1udy Page 2 of 4 mon1hly appreciation percentage for each of the areas. We collected over 125 sales and have refined them to those found on the following pages. It Is Important to understand, as you are probably well aware. that some of the coastal areas do not have available any large sales from which to abstract a potential purchase candidate for beach access or drop off/pick up use. In those areas where the only sale activity focused on residential lots we have Included some sale activity to help reflect the current price trends In the specific areas. As a refresher please note the following breakdown of geographical areas that will be presented In the following data base: 1). Immokalee 2.) Marco Island 3.) Golden Gate 4.) SW Naples - W. of US 41 a S. of Central. 5.) NW Naples - W. of US 41 a N. of Central. 6.) N. Naples - From Lee Une 10 Golden Gate Blvd. between US 41 &: 1-75. 7.) 5. Naples -5. of Golden Gate Blvd. between US 41&: 1-75. 8.) E. Naples _ E. of 1-75 10 the County Ine 5. of E. Tamlaml Trail. Additionally. where possible. we focused on acquisition potentials In the Vanderbilt Beach area, South Marco Beach area. Cocohatchee Area. and bay view park areas, The primary dlfflculiy In this Is due prlmartly to the exponential Increase In vacant land actlvliy In Collier County over the past 2 3106 S. Hmaesboe Drive, Nap1... _34104 "l'hoI>> (239) 643~24 Fa. (239) 643-4364 "1'AoaII: ~_nlli-"'-"II.com Agenda Item No, 8A March 14, 2006 Page 41 of 48 " Ms. Paula Fleishman - Impact Fee Analyst June 24, 2005 Collier Coun1y Park Land study Page 3 of 4 two years. As you are well aware this nend has conl1nued to date and the available vacant nacts of land are few. The following chart will perhaps help to visualize the collective Infonnatlon presented within the report. I have provided the reader with an overview or recap of the data and broken each of the eight (8) geographical areas down Into the range of price per acre reflected In the sales and the appreciation found when comparing sale and resale pairs. GEOGRAPHIC UNADJUSTED APPRECIATION SAli - RESALE - AREA. AVERAGE PRICE PER MONTH 11ME PERIOD PER ACRE RANGE l-Immokalee $33.300 Used 5%/mon1h. None available 2-Marco Island $1.110,554 1 % - 18%/month. 6/02 to 11/04 3-Golden Gate $53,200 Avg. 12%/mon1h. 2103 to 5/05 4-SW Naples $3,118,882 Avg. 5%/month. 1102 to 3/05 5-NW Naples $3,513,321 Avg. 5%/mon1h. 1/01 to 4/05 6-N Naples $224,071 Avg.14%/mon1h. 3/02 to 3/05 7 -5 Naples $339,686 Used 5%/month. None available 8-E Naples $101.416 Avg. 10%/mon1h. 3103 to 2/05. It Is Interesting to note that the appreciation rates of the sale resale market (same sale selling twice) during the years of 2001 through 2003 appeared to . ..~. reflect a generally overall smaller appreciation rate 1han those sales that took place and resold during the 2003 to 2005 era. We helVe Included 3 3106 5. -nme. Nip!'" PIorida34!04 0 P.baoo (239)643..2324 Pax (:139) 643-43640 B-mall: ~~~~ oom ',; -; -.--- ~._~~-- .-.-" .~._- Agenda Item No, 8A March 14, 2006 Page 42 of 48 Ms. Paula Fleishman -Impact Fee Analyst June 24, 2005 Collier Coun1y Park Land S1udy Page 4 of 4 IndMdual grids reflecllng the sales within each geographical area wl1h and without an adjustment for lIme. The adjustment for lIme applied to all of the sales In all of the eight market areas was a carte blanche flve (5) percent per month, Needless to say In some of the areas this may In fact be understallng the Increase but It Is felt that over the past 1wo to three years this apprecla110n rate would generally hold true except for those niche marke1s along the waterfront. A prime example of this would be Marco Island, Improved reslden11allo1s that sold over the past year or so In the $2,(XXl.OOO to $3.000,000 market with homes that were built as new as 2002 appear to be tear downs because of the value of the waterfront lot. The report will follow wI1h the sales In each geographiC area, the map for that respecllve area and the sale grid. We have accumulated over 150 sales and narrowed those down due to date of sale and specific loca11on to the 58 sales presented wI1hln this report format. The following pages prOVide an Introducllon from the appraisal perspecllve along with deflnlllons of Interest and applicability, cert1flcallon and statement of IImlllng condltlons, Needless to say should you have any, quesllons please do not hesitate to contact me as required. 4 3106 S. Honesboo Dri~ Nlpl... _ 34104 . _ (2.39) 643-2324 FIX (239) 643-4364. &mail: __1Il--.nl "'"" Agenda Item No, 8A March 14, 2006 Page 43 of 48 CONCLUSION STATEMENTS: The current and forecasted ac1M1y In the Collier County area for the availability of large tracts Is almost none existent. The Golden Gate area Is s1111 active with sales but given the zoning requirements In the Estates sections the sales would focus on 5 acre parcels. If you move out of the Estates and Into the Rural Fringe you find a mix of sending, receMng and neutral areas designated by the County. However. to date I am not aware of any TDRs crransferable Development RIghts) exchangIng hands and our firm Is very active In this portion of the county as It relates to appraisal and case assignments. The out Island areas (Marco Island and Keewaydln Island) do offer some .. vacant tract purchases but again the prices are Increasing very rapIdly. For the most part Marco Island sales are residential In nature while the Keewaydln tracts are heading that way. The ability to purchase 60 to 100 contiguous acres In Collier County Is dlfflcult If not Impossible for the majol1ty of the county land areas. Some of the available tracts east of Golden Gate City may be assembled or the focus may have to change to the ranches In the eastem portion of the county. The majority of the large land tracts are presently being purchased by developers for gated and non gated communIties. The larger tract Information presented within this report and the resulting per acre estimated values are based on sale activity that we have verified and are familiar with due to pl10r assignments, The problem with using averages from some of the areas lies In the ex:lreme range of sale price per acre. This Is espedally true of those areas that have both waterfront and non waterfront 138 3106 s. aor-hoe Dri... Nopl... FIo.tida 34104 . PhaDo (239) 643-2324 Fax (239) 643-4364. &mall: maeoU''"'''''''-'fLcom -~ .~\.-.'~ :: (. ..~:."', ,,/.;:~!.. :,:: _____o_,,_~~ ~""._--,- _._._~ -----.-.--.-.,..,,-- Agenda Item No. 8A March 14, 2006 Page 44 of 48 sale ac11v1ty. I think the Information provided In each of the eight (8) geographical areas Is self explanatory. Reviewing the Introduction grid that follows the section maps will provide a clearer picture for the reader of the value potentials within a given geographical area of Collier County. The following Indications on a per Park basis relate to potential per acre prices for the various pari< types wI1hln Collier County. The concluded dollar amounts are not to be construed as a specific value for a specific exlsflng pari< location, The average size of the park types Is based on conversations with the Collier County officials that are knowledgeable In this field. Regional Pari< sites are those sites that general service home owners within a 50 mile radius and provide a pari< size of approximately 150 acres. Community Pari< sites are obvious In terms of location and are generally 40 acre In size. Neighborhood Parks are spread out within neighborhoods and Include Tot Lots and all are within one half mile of their respective neighborhood centers. The Neighborhood Parks average 5 acres and are generally found within the various Planned Unit Developments (PUD) communities of Collier County. The Tot Lots are one half to one acre In size and scattered throughout the nelghborhood/PUD. Please keep In mind 1hat the following esIlmates or value ranges on a per park basis are generic and do not reflect the value of a specific pari< or location withIn 1he County. Please note the following: REGIONAL PARKS 150 ACRES MORE OR LESS Generally these parks will be located In the eastern portlon of 1he county as Indicated with the report format. If sites of this magnl1ude were available you could expect to pay approximately $200,000 to $225,000 per 139 3106 S. _ Driw, NapIoo, PIodda 34104 . PhoIIo (239) 643-2324 FIX (239) 643-4364 . B-DlIIiI: ..."""n'''''''''''''''''com ...: ' ~ t ;:oJ :: ! I ,~I:':.,. ,( : : .:(: Agenda Item No, 8A March 14, 2006 Page 45 of 48 acre. This would result In an esflmated price for a typical 150 acre park located In areas 6 and 7 (as described on page 2) orwtfhln the North Naples and Golden Gate areas of the counfy of $30,000,000 to $33,750,000. This number will obviously vary wtfh a specific locaflon under consideration. The Indicated potential range above Is based on the sale of larger developer purchases and thus could vary from the generally smaller sales noted In sections 6 and 7 of the report format. COMMUNITY PARKS 40 ACRES MORE OR LESS These parks are located within deflned communities and are -, supported In part by those residences In the Immediate area. Communlfy Park locations were found In areas 3, 5, 6, 7 and 8 (areas as defined within this report document). The 10cat1on of the communlfy parks and the resulting Indicated potential cost of acquisition reflects a very wide range ($50,000 to $4,000,000 per acre), If the communlfy park locaflon Is In the far eastem portion of the counfy the price may vary from $50.000 to $75.000 per acre because the acquisition would center or an assemblage of IndMdual residential estate trac1s of 5 acres. If the park location were to be located In the northwest portion of the counfy (area 5 along the Gulf) the acquisition could amount to a potential price of $4.000,000 per acre or more. However. I am not aware of any exlsttng and available land areas of 40 acres or more along the Gulf front locations. Thus, the Communlfy parks would generally be found wtfhln or Included wlthln at the time of development. the various PUD communities In Collier Counfy. The pr1ce for these trac1s of land would fall In line with the price paid or slightly above the price paid for the development tract. If the site were to be a standalone park site of 40 acres not Included within a PUD the price paid would be In the $250,000 to 140 3106 s. _ DIiw, NopIeo. _ 34104 . Phono (239) 643-2324 Fax (239) 643-4364 . E-moiI: ~_n.............. ~ -::, p~ ". ;; l .~,t(';:' ..':" ~ I',~ -.~ --.-.--. "....--,...>..----- ~'_"____""'M -.-,-.".-..----." Agenda Item No, 8A March 14, 2006 Page 46 of 48 $300,000 per acre or more. Within a PUD the price, because the PUD tract would be larger than 40 acres. would be less and more In line wl1l1 1I1e RegIonal Park price per acre noted previously. In conclusion 11 a Community Pari< site of approximately 40 acres were to be located outside of a PUD setting 1I1e price could range from $10,000,000 to $12,000,000. If the sIte were within a PUD settlng1l1e price would be less. NEIGHBORHOOD PARKS 5 ACRES MORE OR LESS Neighborhood parks through out the Coun1y vary greatly In underlying potential land cost. Perhaps a general location break would help to understand the variation. This would be the same, for 1I1e most part for 1I1e Tot Lo1s and the waterfront sites. Beach Areas - Marco Island- Vanderbilt Beach $4.000,OOO/acre+ Inland Community areas east of 1-75 $60.000/acre +/- Inland Community areas west of \-75 $250,OOO/acre+/- Thus. 1I1e waterfront beach and west county locaIlons would result In neighborhood pari< prices In the $20,000,000 range. Those Inland, east of i-75 would generally faU In the $300,000 more or less range and those areas west of 1-75 but east of the beach contdol's would fall In the range of $1,000,000. Hopefully this concluding Informal1on will assIst In the decision maklng process that Is under way. Should any questions arise do not hesitate to call. 141 3106 s. HoneabooDriw, NopIeI, FIorlda 34104. /'boIIe(239) 643-232A Fu.(239) 643-4364. B<nail: --'Y-""-'f1.com .r:;. . .,".-:::.:; "J..1 .'. r. :'7 COLLIER COUNTY IMPACT FEEg~~~~~f~f~~ - 2,400 SQUARE FOOT SINGLE FAMILY HOME (2,000 LIVING AREA) Updated February 1, 2006 PROPOSED ~I $1,027 I COMMUNITY PARKS PROPOSED ~I $2,272 I REGIONAL PARKS I LIBRARY I ~I $362 I I ROAD I ~I $5,985 I I EMS I ~I $109 I I SCHOOL I ~I $1,778 I -- ~I I CORRECTIONAL $205 FACILITIES I GENERAL GOVERNMENT I ~I $282 I I WATER I ~I $2,760 I I SEWER I ~I $3,125 I I FIRE I ~I $300 I I LAW ENFORCEMENT I ~I $93 I TOTAL ~I $18,298 I (with proposed Parks) -- i I ~I I TOTAL $16,642 (Current) DOLLAR CHANGE ~I $1,656 I (from updated fee) _.---"_._-"".- ~-, ~ -.- -,.- -...-...-. ,-,.- --- COLLIER COUNTY IMPACT FEE~~~~e1:S;f~~ 2,800 SQUARE FOOT SINGLE FAMILY HOME (2.500 LIVING AREA) Updated February 1, 2006 PROPOSED ~I $1,119 I COMMUNITY PARKS PROPOSED ~I $2,476 I REGIONAL PARKS I LIBRARY I ~I $452 I I ROAD I ~I $7,062 I I EMS I ~I $120 I I SCHOOL I ~I $1,778 I CORRECTIONAL ~I $257 I FACILITIES I GENERAL GOVERNMENT I ~I $353 I I WATER I ~I $2,760 I I SEWER I ~I $3,125 I I FIRE I ~I $420 I I LAW ENFORCEMENT I ~I $111 I TOTAL ~I $20,033 I (with proposed Parks) I TOTAL I ~I $18,081 I (Current) DOLLAR CHANGE ~I $1,952 I (from updated fee) Agenda Item No, 9A March 14, 2006 EXECUTIVE SUMMARY Page tot 13 " ....::: '::., ".:' ,': '.::. .:0.: ..... ..', ,": .0 ,>.'. ........ :',." ,.' ?:'::<':/,)'" ..... ',','" .. .. .... .'" ....::"', '.. .... < ."" .... ,.,': ""',,' :' AF'P()lNTMENTOFMEMI3ER.(S) TOTH:EANIMAL.SERVIC:ESiXovIS()RY BOARD OBJECTIVE: To appoint 1 member to a 4 year term, commencing on April 12, 2006 and expiring on April 13, 2010, to the Animal Services Advisory Board. CONSIDERATIONS: The Animal Services Advisory Board is a 7-member board that was created on January 27,2004 by Ordinance No. 2004-06 to make recommendations to the Board of County Commissioners on programs, services, classes and special events that will further assist Collier County Domestic Animal Services in providing the best possible service to the community. They will also analyze and review construction and improvements to Domestic animal Services facilities and make recommendations to the Board of County Commissioners regarding such facilities. Three (3) members shall serve a term off our (4) years; two (2) members shall serve a tenn of three (3) years; and two (2) members shall serve a term of two (2) years. After initial appointments, terms will be 4 years, Membership shall represent the following categories: I - Humane Society of Collier County I - Law Enforcement I - Veterinarian or Vet Tech I - Animal Activist Group 1 - Citizen in the Pet Retail, Boarding or Grooming Industry 2 - At Large - A list of the current membership is included in the backup. The term for Jennifer L. Hawke will expire on April] 3,2006, A press release was issued and resumes were received from the fo Ilowing 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Sabina Angela Musci At-Lame Yes Library Advisory Board John F. Johnson At-Large Yes None COMMITTEE RECOMMENDATION: Sabina Angela Musci 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: March 14,2006 Agenda Item N0 9A h.larch 14, 2006 F'age2ot13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: '^ Item Summary: Appointment ,,1 mWllber to th& Animal Se",ic% A<.lv;~ocv B"ard MeetlngO.te; 3i14/20069;OO:QQAM Prepared By StJll FiI~<>n E"lM\tJtiv~ Manll9nrjl> thlt BCC 0.. 80MdofCI>unty BCCOffi<.4l 21:/1J211116e,SO:48AM CommluioFl'''' Approved By l~o E_ 0<;1'1&, Jr O~puty Counly Mar"'g~r 0.. BnardotCo\,nly Commi$alon..r~ C"unty MBn.'gnr'5 Olfjc~ 31112110612;33PM - .-- '."-- --- -_._..~.,---_.- ---..-- Agenda Item No. 9A March 14,2006 Page 3 of 13 INTEROFFICE MEMORANDUM TO: SUE FILSON FROM: MARGO A. CASTORENA SUBJECT: NEW MEMBER RECOMMENDATION FOR DAS ADVISORY BOARD DATE: FEHRUARY 27, 2006 At the February 21, 2006 meeting of the Domestic Animal Services Advisory Board, Ms. Sabina Angela Musci was sdected for recommendation to the Collier County Board of County Commissioners as an at luge committee member for the Domestic Animal Services Advisory Board. Ms. Musci was selected by a 4-0 vote of the DASAB with an abstention. by Ms. Michelle Antonia. Ms. Musci was selected to fill the at large position vacated by Ms. Jennifer Hawk. Please let me know if you need any more information to forward this recommendation to the Bee. ,-,. ~".~ ------~-~~~-, ~--~ Agenda Item No, 9A March 14, 2006 Page 4 of 13 --. Animal Services Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Karen M. Acquard 04/13/04 04/l3f()8 4 Years 441 24th Avenue, N.E. 455-8318 Naples, FL 34120 E-Mail: Iadij@att.net District: 5 Category: At-Large Dr. Randall Eisel 513-1777 04/13/04 04/13f()8 4 Years 5256 Coral Wood Drive 455-7674 Naples, FL 34119 E-Mail: District: 3 Category: Veterinarian or Vet Tech Sergeant David Estes 253-4087 04/13/04 04/13/07 3 Years -- 3301 E. Tamiami Trail 793-9138 Naples, FL 34112 E-Mail: District: Category: Law Enforcement Mr. William Thomas Kepp, Jr. 825-5834 04/13/04 04/13/08 4 Years 6491 Sable Ridge Lane 514-2193 Naples, FL 34109 E-Mail: bibtom@aolcom District: 3 Category: Humane Society of Collier County Ms. Michele Antonia 3n-0981 10/11/05 04/13/07 2 Years 7620 Rookery Lane 353-1901 Naples, FL 34120 E-Mail: bhumane@earthlink.net District: 5 Category: Animal Activist Group -.. Frida)'. January' 27. 1006 PQKe 1 of3 - "_____._... ^ '.M__. -.-,------.-- --.--- ----, -.....------.- Agenda Item No. 9A March 14, 2006 Page 5 of 13 ~,,- Animal Services Advisory Board N(,me Work Phone Appt'd Exp, Date Term Home Pirone DateRe-appt 2ndExpDate 2nd Term Ms, Susan Weiss ~>\~f'ttJ 592-9388 04/13/04 04113/06 2 Years 6615 Chestnut Circle l~ ")~QlI 5~ Naples, FL 34109 E-Mail: susan3@arknaturals.com District: 2 Category: Pet Retail Ms, Jennifer L. Hawke 254-2238 04/13/04 04/13106 2 Years /' 728 Belville Boulevard 793-2380 Naples, FL 34104 E-Mail: jhawks@swfla,rr.com District: 3 Category: At Large -- Frida}'. January 17. 1006 Page 2 of 3 ". -...------.- ..M.___ Agenda Item No, 9A March 14, 2006 Page 6 of 13 -- -- Animal Services Advisory Board Name Work Phone Appt'd Exp. Date Term Home PllOne DateRe-appt 2ndExpDate 2nd Term This 7 -member board _ c.....m.cI on January 27, 2004 by Ordinance No. 2004-06 to make recommendations to the Board of County Commissioners on programs, services, cl9B89S and special events Ihat win further assist Collier County 00mesIic Animal Senlices in providing the best possible service to the community. They win also lIIllIlyze and review construclion and improvements to Domesllc animal Sentices facilities and make recommendations to the Board of County Commiasioners regarding such facilities. Three (3) members ahall serve a term of four (4) years; two (2) members shall serve a term of three (3) yems; and two (2) members ahall serve a term of two (2) y--. After initial appointments, terms will be 4 Y8111S. Membership shall repl eunt the following CIItegoIies: 1 - Humane Society of Collier County 1 - Law EnfOR:el1lent 1 - Veterinarian or Vel Tech 1 - Animal Activist Group 1 - Citizen in the Pel Retail, Boarding or Grooming Industry 2 - Allarge - FL STAT Staff: Marco Castorena, Director, DAS: 530-7387 - Friday. January 27. :1006 Page 3 of 3 - - ._--_.__.~ -----~~~-_._--- Agenda Item No. 9A March 14, 2006 Page 7 of 13 MEMORANDUM .- DATE: February 15, 2006 TO: Elections Office ~ RECEIVED FROM: Sue Filson, Executive Manag v \ FEB 1 [) 2006 Board of County Commissio 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, ANIMAL SERVlCES ADVISORY BOARD COMMISSION DISTRICT Sabina Angela Musci 3 44703200 Avenue S.W. -" Naples, FL 34116 John F. Johnson cA 7575 Pelican Bay Boulevard, Suite 902 Naples, FL 34108 Thank you for your help. - ,'__H~',_,."_,_"",,,_,_~_ ......_ _ _'___'__",'~ .~,.- ~"..,,~ .---.-,."," ._._.~_.._._. ..-. Agenda Item No, 9A March 14, 2006 MEMORANDUM Page 8 of 13 DATE: February 15, 2006 TO: """" """'_ DAS Direct~ FROM: Sue Filson, Executive Manag , Board of County Commissione RE: Animal Services Advisory Board As you know, we currently have 2 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 fullows: Sabina Angela Musci 447032"" Avenue S.W. Naples, FL 34116 John F. Johnson 7575 Pelican Bay Boulevard, Suite 902 Naples, FL 34108 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 reconunended for reappointment. Please categorize the app6cants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments - ....-.. -" -..'-.." ._"._~_.- ----_.~...--_.__._-_._- Page lof2 Agenda Item No, 9A March 14, 2006 Page 9 of 13 filson_s ... advisoryboards@colfiergov.net --'1m: fent: Monday. January 23. 2006 10:14 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~~..ty Board of County Commissioners ~lt 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 .. .., .: '. . 'i 4, ~ ;' January 23, 2006 Application for Advisory Committees I Boards Name: Sabina Angela Musci Home Phone: 239-455-8386 Home Address: 4470 32nd Ave. SW City: Naples Zip Code: 34116 4.>- ~ Fax Number: 239-261-8771 Business Phone: 239-261-0060 Ci/frt#hl< , 17r-r Email Address: sam4470@cemnit.Ret Place of Employment: Wilderness Country Club How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Animal Services Advisory Board Category: (if applicable) Citizen At-Large Do you currently hold public office? No ~ '-~ 1/24/2006 . .,- PaJjf 2 of 2 Agenda Item No, March 14, 2006 Page 10 of 13 Do you now serve, or have you served on a Yes Collier County board or committee? . If yes, please list the boards / committees: Collier County Library Advisory Board - 1994 to present Golden Gate Median Beautification Committee - 1994 - 2002 Please list your community activities: Police Athletic league Cheerleader Advisor 1977-1982 Collier County Young Republicans1985-1987 Livingston Road Beautification Association 1999-2002 Education: B.S. Elementary Education- St. John's University M.S. Early Childhood Education - 51. John's University Experience/Background: I I was a school teacher iin New York for 5 years before moving to Naples in 1977. Since that time I have worked as an Administrative Assistant in various firms/offices in - Naples. I am very interested in Animal Services having 4 been a pet owner all my life. I have frequently visited the DAS facilities and I am an avid fan of "Happy Tails." I would welcome the opportunity to assist DAS with its programs and services. - ....---- ~--_._'''- .-...- ""-- -.. Page lof2 Agenda Item No, 9A March 14, 2006 Page 11 of 13 filson_s am: advisoryboards@colliergov.net Sent: Sunday, January 22, 2006 8:52 PM To: filson_s Subject: Naw On-line Advisory Board Application Submitted. ~~Kty Board of County Commissioners ~~ 3301 East Tamiami Trail Naples, FL 34112 . ~ ~ Tel: (239) n4-3602 . -' f.1" Fax: (239)n4-3602 . . .. . .~ .:... -. 4- ~ " January 22, 2006 Application for Advisory Committees I Boards Name: John F. Johnson Home Phone: 239-594-9922 Home Address: 7575 Pelican Bay Blvd. Suite 902 . City: Naples Zip Code: 34108 Fax Number: 239-594-2528 Business Phone: 239-591-6247 Email Address: Ikwdjohn@aol.com Place of Employment: KomlFerry Intemational1415 Panther Lane Suite 323 Naples, 34109 How long have you lived in Collier County? 4-5 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Animal Services Advisory Board Category: (if applicable) At-Large . Do you currently hold public office? No 1/23/2006 -_..._.--~- ._-'_."-"'~~--_._-- - -----.- P~e2of2 Agenda Item No, March 14, 2006 Page 12 of 13 . Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: I was a founding partner of Cleveland Social Venture Partners an engaged philanthropy organization. I was a member of it's board for 4 years. I am the Tufts University TAAP representative for Naples. While in Cleveland we were supporters of the APL and all of our pets have been adopted there. In Naples, my wife Jimy is on the board of GNL and I support her philanthropic activities here. Education: BA Tufts University MBA Columbia University Experience I Background: For the past 30 years I have been in the Executive Search industry. I was CEO of a global search partnership and for the last 10 years have worked with clients on a global basis. Prior to that I was with GE and Ford. - J .... 1/23/2006 ,.---~ -------,,------ ---.------- _.~._~ Message Page 1 of 1 Agenda Item No, 9A March 14, 2006 Page 13 of 13 filson_s From: CastorenaMargo Sent: Monday, January 09. 2006 2:14 PM To: filson_s Ce: saHnasbrenda: ramsey_m Subject: FW: Resignation Sue. I received this resignation from Susan Weiss, a member on our Domestic Animal Services (DAS) Advisory Board. Will her email suffice as a resignation leller. or should I request a formalleller from her? If her email is sufficient notice, please proceed to issue a press release for applications. Ms. Weiss' seat on the board was that of the "citizen in the pet retail. boarding or grooming industry". Member term is four years. Please let me know if you have any questions regarding my request. Margo A, C-tlstorena Director Collier County Domestic Animal Services 7610 Davis Blvd. Naples FL 34104 (239) 530-PETS (7387) FAX (239) 530-7775 From: Susan D. Weiss [mailto:susanw@arknaturals.com] Sent: Tuesday, January 03, 2006 12: 16 PM To: CastorenaMargo Subject: Resignation Dear Margo I'd like to extend my wishes for a happy and healthy New Year. At this time I need to resign from the DAS board. as my residency has changed. Over the holidays we moved up to Bonita Splings - Lee County. i:leing on the board of DAS has been a realleaming experience for me - some positive. some negative. However. in the end I hope we all have the best interests of the animals as our p1iority. I look forward to remaining active in a variety of animal issues. so I'm sure our paths will cross at sometime. Best Wishes and again wishes for greet success in 2006, Susan Weiss 28539 Raffini Lane Bonita Springs. FL 34135 siweiss<!l>swfla.rr,com 1/9/2006 ~._--_._-"....__. -.-._- ._-, Agenda Item No. 98 Maroh 14, 2006 EXECUTIVE SUMMARY.. Pagelof 14 ~,~. ,'t/':</';. ". . . > !",;;:,:,-:, , :. ,,>> ,"',,':c;:> -',',',',.,'" ......,.",. '''. "',.'.,.' APPOINTMENT OF MEMBER(S) TO THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To appoint I member to serve a 4-year term, commencing on April 21, 2006 and expiring on April 21, 2010, to the Tourist Development Council. CONSIDERATIONS: The Tourist Development Council has I term expiring on April 21, 2006. This 9 member council was established by Ordinance No. 92-18 as an advisory committee to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. This council consists of the Chairman or designated representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tourist tax, 3 individuals involved in the tourist industry who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. The term for Susan m. Becker will expire on April 21, 2006. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. ,_'h Gloria M. Kovacs Non-ovmer/Opcrator 4 Yes None Susan Becker-reappt Non-owner/Operator 4 Yes Tourist Development Council Anton Piringer Owner -operator 1 NO None COMMITTEE RECOMMENDA nON: Susan Becker - reappointment A TTENDANCE: Since October 1,2004 Ms. Becker has attended 9 meetings and was excused for 5 absences. 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: MARCH 14, 2006 ...... ,F~... Agenda Item No. 98 March 14. 2006 Pnge2cf 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS --, ltemNumbar; " ItamSummary: AppClintment ot r'1emlw.r loth" Tooms! Developmen' CnuJlcil M..llngOata: 3i14f20LJ690000AM Prepared By SuoFII$on ExecullvoMaoalla,u>lh<laCC Data Board Of County BCCOffice Co",,,Ii~s;"""" 21271211G6S,50:48AM Approv~d By J8nle..V.Mudd CQunlyManaga, Oat" f!onrdof C<nmly Co",mi"slonp.nI County MM'ng"r'~ Offi~e 3!e!2G062:05PM -- - -....--'"-,.---.--.-- .. -~.._--_.. -"-- Agenda Item No. 9B March 14, 2006 Page 3 of 14 Naples @ Marco Island :::;; - -- -- - --- Everglades .....R..l.>...E CO......T MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Jack Wert, Director Naples, Marco Island, Everglades CVB DATE: March I, 2006 SUBJECT: Tourist Development Council- VacancieslReappointments At the February 27, 2006 Tourist Development Council (TDC) meeting, the following applicants were reviewed by the TDC and the following recommendations were made: A motion was made by Mr. Hendel to recommend Susan Becker's reappointment to serve in the capacity of(l) non-owner/operator position since her term expires in April 2006. MOTION CARRIED UNANIMOUSLY. Further, since October 1,2004 until January 23, 2006, Susan Becker has been present for (9) TDC meetings and excused for (5) absences. A motion was also made by Mr. Tucker to recommend Anton Piringer to fill the vacancy for owner/operator. MOTION CARRIED UNANIMOUSLY. As we discussed previously, I also understand that he does not meet the criteria to serve on the board. If you need anything else, please do not hesitate to contact me. Convention'" Visitors Bnrean 3050 N. Horsesboe Drive #218, Naples, FI 34104 T (239) 403-2384 'F (239) 403-2404 Web site www.cla..ienorida.eom _^'.U Agenda Item No, 9B March 14,2006 Page 4 of 14 -- Tourist Development Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Chairman Fred Cvylefnmt:- f1ro.~5 774-8097 01/11/05 01/10/06 I Year 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: fredcoyle@colliergov.net Di.<trict: 4 Category: BCC Chairman Councilman John F. Sorey 434-4601 03/09/04 04/21/08 4 Years 735 Eighth Street South Naples, FL 34102 E-Mail: council@nap1esgov.com District: 4 Category: Municipal Officer - City of Naples Mr. E. Glenn Tucker 389-5000 05/02100 04121/04 4 Years ~ 50 Bald Eagle Drive, Suite 204 03123/04 04121/08 4 Years Marco Island, FL 34145 E-Mail: friartuck3725@cs.com District: I Category: Municipal Official- Marco Island - Mr. Douglas House r.f51:Jtl~ 695-4400 04/13/04 04/21/08 4 Years 408 Buckner A venue ;z.' I ' 695-3762 Everglades City, FL 34139 E-Mail: District: 5 Category: OwnerlOperator Mr. Clark Wakefield Hill 430-4900 07126105 04121/07 2 Years 15515 Cedarwood Lane, #102 536-5076 Naples,FL 34110 E-Mail: chi1\@cooperhotels.com Di..triet: 2 Category: Owner/Operator -- U'ed"esday. July 27. 2005 Page 1 of3 -- -.-- - .-...--..--..- -~_._._--".~.-..- Agenda Item No. 9S March 14,2006 Page 5 of 14 .' Tourist Development Council -- Name Wor/c Phone Appt'd Exp, Date Term Home Phone DateRe-appt 2ndExpDaJe 2nd Term Mr, David Loving ea-~ 649-7455 03/11103 04/21107 4 Years P,O. Box 619 pee 'J (p~D((> 695-0656 Everglades City, FL 34139 E-Mail: ep1401@aoLcom District: 5 Category: Municipal- Everglades City Mr, Murray H. Hendel 04/13/04 04/21/08 4 Years 430 I Gulf Shore Boulevard 262-0738 Naples, FL 34103 E-Mail: murrp2b@aol.com Di.ftrict: 4 Category: Non-Owner/Operator Mr, Ronald Albeit 594-6001 05/10/05 04/21/06 I Year /' 1919 Timberline Drive 596-9455 I Naples, FL 34119 - "'r. E-Mail: ralbeit@naplesresort,com District: 2 Category: Owner/Operator Ms. Susan M. Becker 03/26/02 04/21/06 4 Years ~ 371 Eleventh Avenue South 261-7708 Naples, FL 34102 E-Mail: sssbecker@msn.com District: 4 Category: Non-Owner/Operator - Wednesday. July 27. 2005 Page 2 ofl - ---------.-.--.--.-- - _._"-,...~.._--- -~-_.~ --.--.. _.. ,-- ." - '-"-~~'-"---'~-'- '~~'-- Agenda Item No, 98 March 14, 2006 Page 6 of 14 "-"- Tourist Development Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member council was created on March 23, 1992 by Ord. No. 92-18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax reven..-, and to review all expenditures of revenues from the tourist developmentlrust fund. Membership consist of the Chairman of the BCC, 3 owner/operators, 3 non-owner/operators and 2 elected municipal officials. Terms are 4 years. NOTE: BCC adpoted Ord. 2()()()..44 on 6/27/00 as follows: "The City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event that other mWlicipalilies are legally created in Collier County, then those municipalities shall be included in the rotaIion process for the second municipal ~. Reso 2002-226 adopted on 5-14-02 permitting municipalities to recommend TOC appointees, with membership consisting of Chairman of BCC, 3 municipal representatives, 3 owner/operators and 2 nonowner/operators. On 9-21-04 BCC adopted Ord 2004-57 deleting the non-voting member with professional experience in the promotion and marketing of special events. -. FL STAT 125.0104 Staff: Gail Hambright, Administrative Assistant: 403-2384 <- Wedn~sdar. Jll~l' 27. 2005 Page 3 0[3 - -.- ..~-_..- ---.- "--..-. Agenda Item No. 9B March 14, 2006 Page 7 of 14 MEMORANDUM DATE: February 15, 2006 TO: Elections Offire -$ FROM: Sue Filson, Executive Manager J ~ Board of County Commissione 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. TOURIST DEVELOPMENT COUNCIL COMMISSION DISTRICT /fit Gloria Kovacs V 677 Banyan Blvd., PH - Naples, FL 34102 Susan Becker t 371 Eleventh Avenue South ./ J;-" ~ Naples, FL 341 02 ~ ~ e'~ lP'Olo Anton Piringer ?-J \ 480 S, Heathwood d-' ")..1- 0 (g ~ NR Marco Island, FL 34145 Thank you for your help, Agenda Item No. 98 March 14, 2006 MEMORANDUM Page 8 of 14 .- DATE: February 15, 2006 TO: o.iI_, TO..n.n~ Sue Filson, Executive Manager . FROM: Board of County Commissioners · RE: Tourist Development Council As you know, we currently have vacancies on the above-refurenced 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: Gloria Kovacs 677 Banyan Blvd., PH Naples, FL 34102 Susan Becker -" 371 Eleventh Avenue South Naples, FL 34102 Anton Piringer 480 S. Heathwood Marco Island, FL 34145 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 fur the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize tbe applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ...- . --",,----"- ~. .".--..-" I Pa~e 1 of2 Agenda Item No, 9 March 14, 2006 Page 9 of 14 filson_s .m: advisoryboards@colfiergov.net Sent: Friday, February 10. 200611:14AM To: filson_s Subject: New On-line Advisory Board Application Subrritted. ~9*Kt.Y Board of County Commissioners ~~ 3301 East Tamiami Trail . _ 0 Naples, FL 34112 . . .- . '1 Tel: (239) 774-3602 . , '-7 Fax: (239)774-3602 '. .~. .. .'} :"'ffJ,1 ,.. February 10,2006 Application for Advisory Committees I Boards Name: Gloria Kovacs Home Phone: 239-649-0831 Home Address: 677 Banyan Blvd.PH . City: Naples Zip Code: 34102 Fax Number: 239-649-5888 Business Phone: 239-434-2562 Email Address: gkov@earthlink.net Place of Employment: Owner The Name Game retail store on 5th Avenue South How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Tourist Development Council Category: (if applicable) No information provided. . Do you currently hold public office? No 2/10/2006 . -_.__..~~-.- ... .._---~-_._..._.... P~~e 2 of2 Agenda Item No. March 14, 2006 Page 10 of 14 . Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: 2000-2005 President - Fifth Avenue South Association Inc. 2002-present Member of Staff Action Committee 1993-present Member of Coquina Sands Homeowners Association 1994-2000 President of the Naples Rose Society 1995-1997 President - Dockside Boardwalk Merchants Association. Education: 1961-1965 B.A from the City College of New York, Liberal Arts College 1966-197224 credits School of Education- City College of New York 1973-1976 30 credits School of Education Masters Program City College Graduate School of Education Experience I Background: 1993-present Co-owner of the retail store The Name - Game. 1995-2000 Substitute Teacher at Gulf View Middle ) School 1985-1992 Board of Directors - Kingsbridge Development Corporation 1990-1993 Teacher P.S. 32 Bilingual Coordinator, Master Teacher 1980-1993 Co- owner of retail store Just For Kids 1975-1982 Bilingual Teacher at IS 131 Story Avenue Bronx, N.Y. 1976-1978 Tourism and Redevelopment for Hampton Bays New York 1975-1977 Teacher, Adult Education John F. Kennedy H.S. 1966-1980 Special Events Coordinator for the Office of Continuing Education 1972-1975 Coordinator, Title 1 Bilingual Program Nanuet, N.Y. 1966-1971 Teacher Public School 14 Bronx, N.Y. -1 I I I 2/10/2006 I , I , I ------- Page I of2 Agenda Item No. 9B March 14, 2006 Page 11 of 14 111son_s em: advisoryboards@coIUergov.net Sent: Tuesday, February 07, 2006 11 :28 AM To: filson_s Subject: New On-Una Advisory Board Application Submitted. ~Ccm..~ Board of County Commissioners .&.;. . I - 3301 East Tamiami Trail ~.I-'-~~' Naples, FL 34112 ,_"'" Tel: (239) 774-3602 . _ -1 Fax: (239) 774-3602 . '" ,. .:; _ '" i' 4, ~ ;' February 07,2006 Application for Advisory Committees I Boards Name: Susan Becker Home Phone: 239-261-7708 Home Address: 371 Eleventh Avenue South . City: Naples Zip Code: 34102 Fax Number: No information provided. Business Phone: 239-434-6533 Email Address:smsbecker@comcast.net Place of Employment: Neapolitan Enterprises, Naples, Florida How long have you lived in Collier County? 5-10 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: TDC=Tourist Development Council Category: (if applicable) Board Member . Do you currently hold public office? No 21712006 P~e2 of2 Agenda Item No, March 14, 2006 Page 12 of 14 Do you now serve, or have you served on a Yes . Collier County board or committee? If yes, please list the boards I committees: TDC=Tourist Development Council Please list your community activities: Concierges of Collier Countyl Tourism Advisory Council Third Street South Merchants Association-Concierge & Event Coordinator Naples Historical Society-Tour volunteer at Palm Cottage Friends of the Collier County Library American Association of University Women-Chair of Interest Groups, Leader of Book Discussion Group, New Members Committee Naples Sailing and Yacht Club- Director of Book Clubs Naples Cruise Club-Board of Directors, Secretary, Sponsor of Book Group and Special Events Education: M.S. University of Wisconsin, Madison BA Rockford College, Rockford, IL University of Edinburgh, Scotland Richmond College, London, England Fellow in National - Writing Project, Illinois State University ~ Experience I Background: Professor of English 32 years at Illinois Central College Honoree of Great Teachers \M10 Made a Difference Faculty Exchange in Chester, England Public Speaker and Presenter at National Conferences Consultant- Educational Testing Service President of Lawyers' Auxiliary, Peoria, Illinois Board member and Committee Chair in Illinois Coordinator of Old Naples Farmers ,Market-selections, contracts. activities Coordinator of -Musical Events on Old Naples Third Street South- Qookings, contracts, placement, performance .~ 2/7/2006 _ w ___._w_._. ---.-.--- -----.-.-.- ---_._------ Page 1 of2 Agenda Item No, 98 March 14, 2006 Page 13of14 filson_s am: advisoryboards@colliergov.net Sent: Wednesdey. February 01, 2006 2:56 PM To: filson_s Subject: New On-ine Advisory Board Application Subnitted. ~C-~ Board of County Commissioners . ~.I - 3301 East Tamlaml Trail ~--.-lt~' Naples, FL 34112 .~,' " Tel: (239) 774-3602 ',.' Fax: (239) 774-3602 . .,... . :; ... .. - .....~ 1 " February 01, 2006 Application for Advisory Committees I Boards Name: Anton Piringer Home Phone: 239-394-9644 Home Address: 480 S. Heathwood . City: Marco Island Zip Code: 34145 Fax Number: No information provided. Business Phone: No information provided. Email Address:tpiringer@aol.com Place of Employment: Radisson Suites Beach Hotel on Marco Island How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Tourism Development Corporation Category: (if applicable) No information provided. . Do you currently hold publiC office? No 2/1/2006 __.'_','_ 'n" '''~'''." -- ----~_._- -~--- - Page 2 of2 Agenda Item No, 9B March 14, 2006 Page 14 of 14 -, Do you now serve, or have you served on a No . Collier County board or committee? Please list your community activities: Exec. Board Indianapolis Convention Bureau Exec. Board St. Louis Convention Bureau President SKAL Club of Indianapolis Honorary Council of Austria - Northern California and Nevada Education: Hotel and Catering School of Vienna, Austria Experience I Background: Vice President of Lodging, Vail Resorts -14 Hotels President Adams Mark Hotels - 21 Hotels Exec Vice President Fairmont Hotels GenerallManager of Large Resorts in the Carribean - .. -1 2/1/2006 ~.,- --~-------- Agenda Item No, 9C March )4, 2006 EXECUTIVE SUMMARY.' Pagel of 8 ^..;.",<..,-."..,."...:.;._"..,..:.,o'.:.,<:i:'.':,<:',.....:.-:::.:'-,,::>'.:',_:_:::.:,':,...... . ..'. ,..... ... ,'.. ..<::<::.::::.',.,.,;,....:. ..:>':...,....<'.,..,..", , -", C9;I~~I()~bF~~b~~NT()F~~BE~(S)fb'~~CO~T~~f8~ LICENSING BOARD OBJECTIVE: To confirm 1 member recommended by the City of Naples to a 3-year term, expiring on February 28, 2009, to the Contractors Licensing Board. CONSIDERATIONS: The Contractors Licensing Board had I term representing the City of Naples expire on June 30, 2005, in the category of Specialty Contractor. This 9 member board determines the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if the holder ofa certificate of competency of any contractor, master or journeyman should be disciplined. A minimum 3 members shall be in the category of "Consumer". The consumer representatives may be any resident of the local jurisdiction that is not, and has never been, a member or practitioner of a profession regulated by the board or a member of any closely related profession. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The term for Mr. Eric D. Guite', representing the City of Naples expired on June 30, 2005. . On March 1, 2006 the City of Naples recommended that Eric D. Guite' be reappointed to a 3-year term, commencing on March 1, 2006 and expiring on February 28, 2009. -, A copy of Resolution No. 2006-11151 passed by the City of Naples on March 1,2006 is included in the backup. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to confirm the appointment of I member representing the City of Naples, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 14, 2006 - ,-", '" . ,~."','-,~... .,~" --"-,~"",,_,,,". Agenda '18m No. ge MarCh 14,2006 f"age2ct8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IlamNumbar. K IlamSummary: Confirmation oj '!pfXl'fltment 01 member to th~ Contr~ctors Licens'ng Board MHtlngData: 3114f2<JO"9:nO,OOAM Prepared By S..nFd50n Ex"""tiva Man~\I"r \n th~ Bec ,~ Bo~rd of County BCCOffiee Cnmrt1i'5ion~'R 2I2i,2GG68:50,43A.M Approved By LeoE.Ochs,Jr. D~o"ty County Manag~. "" Board of Cmmty 3/6120flli3:11 PM Comml~";oner. Cl;lunlyM"na9nr'$Office ,- - ,.----.- .~".....__... .---<. --.- ._--~~~ 16:18 2392131825 CITY CLERK PAGE 83 83/8112886 Agenda Item No. 9C March 14, 2006 Page 3 of 8 AsiJomda J:t_ 17-h Meeting of 3/01/06 RBSOLUT%OIJ 06- I//S/ A RBSOLtI"l':rON RBo-ao"-mDIQ ORB CrrY ItKSJ:DIDIT "OR APPODft.....:o: TO 'l'D COLLZBR COtlNTY COW1'ltA.croRS LZCDlSrNG BOAJID I'OR A '1'IDtJiJ:-YBAR TDX :rM TIm CATl:OOIlY 01' Sp.c:u.LTY COlftRACTOIl, DZJtBC'1':rRG TBB CZTY CLBRK TO PROVZD2 SAJ:D RlICOIIIo.~TZON TO TIIB COLLZU COWl~ :It COIIID:SS:J:OIf POR UPOnITICD'r, UlD PROVXDDfG AN J.......CT:rn DATI:. WBERKAS , via interlocal agreement, contractor licensing services are provided to the City of Naples by Collier County through its Contractors Licensing Board; and 1nIIDtBAS , Collier County has offered the City of Naples the opportunity to recorrvnend City residents to fill the positions of specialty contractor and consumer on said board; and ~, pursuant to Section 2 -268 of the Code of Ordinances, the City of Naples has conducted a recruitment but has determined to waive the interview process in thie case; NOIf THBlUI:I'OJtB, BI: rT RBSOLVBD BY TIIB COlDIC:rL 01' TIm crTY: 01' RAPLBS, !'LORJ:DAI Section 1, That Eric Guite. a resident of the City of Naples, is hereby recommended by the Naples city Council for appointment to the Collier county Contractors LicenSing Board in the Specialty Contractor category for a three- year term. Section 2. The City Clerk is hereby directed to provide Baid recommendation to the Collier County commission for confirmation. Seoti.on 3, Thie resolution shall take effect immediately upon adoption. ,. . ___'__'_"~'_~______"'~~_' c " CITY a..ERK PAGE 114 113/111/211116 16:111 23921311125 Agenda Item No, 9C March 14, 2006 Page 4 of 8 - PASSBD IN OPIDI AlQ) UGUI.lUl S.SSIOH OP TRB CotDTCrL 01' TJDi ern 01' HAPLU. PLOIl.:rnA. '1'JU8 1S'1' DAY OF KAltCH, 2006, Bill Barnett, Mayor Attest: Approved as to form and legality: Tarll A. NoX1ll&I1. City Clerk Robert O. Pritt, City Attorney ..\-\-., Date filed with City Clerk, -, - --.....- .-.---..--- '__n__' Mr. Guite Page I of I Agenda Item No. 9C March 14, 2006 Page 5 of 8 ftlson_s --- From: Jessica Rosenberg [JRosenberg@naplesgov.com] Sent: Thursday, March 02, 2006 4:41 PM To: filson_s Subject: Mr. Guite The resolution # is 06-11151 Thanks. Jessica - ,- 3/2/2006 --,,-..--.-------.--"--,,--...-.-.- -.--." Agenda Item No, 9C March 14, 2006 Page 6 of 8 - Contractors Licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Lee Horn 287.5044 10/26/04 06/30/07 3 Years 2225 Malibu Lake Circle, #621 287-5044 Naples, FL 34119 E-Mail: sportslem@aol.com District: 3 Category: Consumer ME' D G . , * (C(;(\"w 07/30/02 06/30/05 3 Years r. nc . uite p,ol.... r+~;"S 403-9365 1520 Nautilus Road c.";tt t\D< ve 403-9365 3~/'{)0 ,;;;....;;.8- [y[ Naples, FL 34102 E-Mail: District: 4 Category: City of Naples - Specialty Contractor Mr. David L. Beswick 594-8044 09/10/03 06/30/04 -I Year ,- 5541 Cove Circle 594-1299 06/08/04 06/30/07 3 Years - Naples, FL 34119 E-Mail: dlbeswick@comcast.net District: 3 Category: Consumer Mr. Michael Boyd 643-4404 09/21/04 06/30/07 3 Years 5340 Tamarind Ridge Drive 353-1823 Naples, FL 34119 E-Mail: mboyd@signsandthings.com District: 3 Category: Speciahy Contractor - Signs Mr. Sydney E. Blum 594-7880 07/29/03 06/30/06 3 Years 237 Burning Tree Drive 261-1855 Naples, FL 34105 E-Mail: eescool@earthlink.net District: 4 Category: Speciahy Trade r- Friday. June 17.2005 Page 1 of 3 - ---------~._-- .--.- .---.. Agenda Item No, 9C March 14, 2006 Page 7 of 8 Contractors Licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateR~pl 2ndExpDate 2nd Term Mr. Richard E. Joslin, Jr. 455-5000 06/1J/96 06/30/97 I Year 595 13th Street, N.W. OS/27/03 06/30/06 3 Years Naples, FL 34120 E-Mail: District: 5 Category: Licensed Commercial PooVSpa Contr Mr. William T. Lewis 430-1799 09/10/03 06/30/06 3 Years P.O. Box 1228 430-1799 Naples, FL 34106 E-Mail: District: I CoJegory: General Contractor Ms. Ann Lundblad KeUer 370-7237 09/10/02 06/30/05 3 Years 2107 21st Court South 370-7237 06114/05 08/20/08 3 Years ,_." Naples, FL 34102 E-Mail: akeller@aqualaneaprtners.com District: 4 Category: Consumer- City of Naples Representative Mr. Les Dickson 514-1100 06/11/96 06/30/99 3 Years 202 Monterey Drive 06/14/05 06/30/08 3 Years Naples, FL 34119 E-Mail: District: 3 CoJegory: Roofmg Contractor -- .Friday, Junt! 17, 2005 Page20fJ '-~-'-~~~----"- '-'~~-_._-" Agenda Item No. 9C March 14, 2006 Page 8 of 8 ,. Contractors licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member boanl was c;reated by Ord. No. 78-2, 85..c2. 90-105. 92-61 to determine the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to detennlne if a certificate of canpetency of any contractor. master or journeyman should be revoked. A minimum of 2 members shall reside within the COIpOI8le city Ilmils of Naples or shall be recanmended to the BCC by the Naples City Council. FI stat, See: 489.131, sub 10 states that 3 members must be consumer rep""sehliatiVes. Membership should be Ii~ an:hitect, licensed gellllodl co..b-.1Or. licensed engin_. licensed elecbical.....ob..Gtu<, licensed plumbing co"b.,.;h", licellsed roofing contractor, licensed residential or building contractor and a licensed lepra s a .blli.e from one of the other specialty trades or p.of!!sions requiring a Certlfic;ate of Competency as provided in the Ordinance. 1l1ese categories are rnen3ly directory and failure to have a member of each of the trades is not grounds for voiding any action of the Board. Terms are 3 years. This is a Quasi Judicial Board. Amended by Ordinance No. 94-34, 95-11, 97-68, 99-45, 2002-21 FL STAT 489 Staff: Bill Hammond. Building Review & Permitting Director:: 403-2442 ~ Friday, June 17, 2005 rage3 of J - ._~- .---....-- -_._~._- Agenda Item No. 9D March 14, 2006 EXECUTIVE SUMMARY Page 1 of 10 ::.:;0::::::: :',: ....,....................,........ .,..... .... .. .'~" (:'::"i:::,':':'::';::'::::-:::<:'::: "', -:<'> .. ,co:::: :;,' _./,;;-}\':>V.! APPOINTMENT OF MEMBER(S) TO THE mSTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on October 1,2006, to the HistoricaVArchaeological Preservation Board. CONSIDERATIONS: The Historical/Archaeological Preservation Board has I vacancy due to a resignation. This 7 member board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Terms are 3 years. A list of the current membership is included in the backup. Mr. William J. Tyson resigned on October 9, 2005. A press release was issued and I resume were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. I Sharon Kenny I Historic PreseIVation ~I None I COMMITTEE RECOMMENDATION: Sharon Kenny FISCAL IMPACT: NONE ~ GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 14, 2006 ~ '"..."".,,_......_.~~-,~ .. ~" ,,,.,_.. ^ger,da item Nc. 9D r,,'tarCh 14. 2006 I"ag", 2: 01 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IlemNumber; gD ItemSummilry: Appointment of memo", ta the HiAt!)n~,~liArchi>(,!)loiJi"ill Pr~3"rvatmn BOlHd MflItin"O..tt; 3l14/20069GD:OGAM Prl'paredBy Sun Filson EXQ(lut!v& Manng'" 1<> Ih~ BCe Dala Bo"rdofCo"nly BCCOffice 212Ti2006 11;50;411 AM COIII",I~1I'o"ars Approved By l"oE.Od'",Jr Dt!pulyCounlyMi>"a9'" 0.. Bn<lrd(II C""nly 31fiJ2006 3:1~ f'M C"mmi~si"ners C"untyM"nnunr's01fic" e_ -- -.-.-.--.---.,.- -_.~_._..._-_. ~'--."---' "u__ ------...- - ------------.-. --- -------------. Agenda Item No, 90 March 14, 2006 Page 3 of 10 MEMORANDUM Comnumity Development & Environmental Services Division Department of Zoning & Land Development Review To: Sue Filson, Executive Manager Board of County Commissioners From: Raymond V. Bellows, Zoning Manager Department of Zoning & Land Development Review Date: March 6, 2006 Subject: Historical and Archaeological Preservation Board Membership Recommendation to the Board OfCOIIDty Commissioners In response to the Historical and Archaeological Preservation Board's advertised vacant position, one application was received by the deadline. The qualified applicant was evaluated based upon her potential contributions to the Committee. The Committee made their selection of the recommended applicant based on her experience in the field of Historic Preservation, of which the committee desires to increase their expertise. The Committee recommends the following applicant for appointment for the term indicated: NAME TYPE OF TERM DISTRICT FIELD OF EXPERTISE (CURRENT APPOINTMENT EXPIRING EMPLOYMENT) Sharon Preservation Board 10-1~6 Not <> Kenny Appointment for the appointed by Landscape Category District replacing William Tyson Number or Membel'5 per Commissioner District: District Commissioner Number PC Number Members 1 Fiala 2 2 Halas 0 3 Henning 2 4 Coyle 4 5 Coletta 2 ._---------~.-~-.----~..-._-,,'~-,-,- Agenda Item No. 9D March 14, 2006 Page 4 of 10 - HistoricaUArchaeological Preservation Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Elizabeth M. Perdichizzi 10/26/04 10/01107 3 Years 1200 Butterfly Court 394~17 Marco Island, FL 34145 E-Mail: betsyperd@naples.net District: 1 Category: Citizen-At-Large Mr. Ardavan Moavei 263-2324 10/26/04 10101107 3 Years 4251 Gulfshore Blvd., N., #5A 849 8865 Naples, FL 34103 E-Mail: moaveni@aol.com District: 4 Category: Law Ms. Patricia A. Huff 695-2284 10111105 10/01106 1 Year -- 207 N. Storter Avenue 659-2397 Naples, FL 34139 E-Mail: snookcity@hotmaiLcom Di..trict: 5 Category: History Mr. Thomas W. Franchino 263-8357 07/31/01 10/01102 1 Year 183 Westwood Drive 51~ 10/11105 10/01/08 3 Years Naples, FL 3411 0 E-Mail: Tom@FranchinoLaw.com District: 2 Lategory: Real EstatelLand Development Mr. William J. Dempsey 649-4900 10/10/00 10/01103 3 Years 1836 Harbor Lane 417-5683 10/14/03 10/01106 3 Years Naples, FL 34104 E-Mail: wjdempsey@napleslaw.com l>i..trict: 4 Category: Citizen-At-Large ~ Wednesday. October 11. 2005 Psgi'10f3 ----- Agenda Item No. 9D March 14,2006 Page 5 of 10 ,- - Historical/Archaeological Preservation Board Nfl",' WtR'k Piton, Af:C.'tI E.\p. ntt~ r'fHf H,m", PAM" DaM tHltJpI ~ntlE~l)ale 2nd rerm Mr. William]. Tyson rt~/~"',rJ. 5' 09/08198 10101100 2 Years 732 Hernando Drive ,o,~"D 394 0800 10/14/03 10/01106 3 Years Marco Island, FL 34145 E-Mail: marcobil@naples,net l)istrict: 1 Category: Landscape Architect Mr, John W, Thompson 10/15/96 10/01199 3 Years 4775 Aston Gardens Way, Apt, #311 597-2269 10/11105 1 % 1/08 3 Years Naples, FL 34109 E-Mail: JWTDLT@aoLcom District: 2 Category: Archaeology ",.--'. -- Wednesday. October 12. 2005 Page 2 of .J '''-,- _"_.m_'_,__ _.,-. --~,."-'..'~- Agenda Item No, 9D March 14, 2006 Page 6 of 10 - Historical/Archaeological Preservation Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Thill 7 member commllfN _ CI8IIIed ~ Ont. No. 91-70, 8IId ..., laird 8IId -.nencllld by LDC DIY. 1.22.1 Ont. No. 91-102. This boMIltl vested wIIIIlhe pcMer, 1IUIhorIty, and jurilldlctlon to designate, regulate. and administer hislorical and an:haeologlcallWOUlllllll in Comer County, IlIIder the dinlct juri8diction and conln:II of the BolInI of County Commillilhl8lS. Membership is compoMd of 7 members fnlm the following {~ies: a. history; b. all:haeolollY; c. Real Estate. IIIlld develapment. or fi~; d. architecture; e. law or urban pIlInning; and, f. 2 plIlIlIions will be filled ~ ciIizentI allarge. Tenns _ 3 ye.w. .-<.'" FL STAT Staff: Ray BellOWS. Principal Planner: 403-2400 -, Wednesday. October 11. 10fJS Page 3 of3 ~-...,." ' .u'_,', -,~---"-'--- -_.-.- Agenda Item No. 9D March 14, 2006 Page 7 of 10 MEMORANDUM DATE: January 23,2006 RECE\VED JAN 2 ~ 2006 TO: E~M~ ~ Board of County commIssioners FROM: Sue Filson, Executive Manager \ ~ Board of County Commissione J RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the countYs advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. mSTORICAUARCHAEOLOGICAL PRES BD COMMISSION DISTRICT Sharon Kenny 1 411 17th A venue South '-""<"- Naples, FL 34102 Thank you for your help. ~"",~ ~.~,.."--- _~"e._" Agenda Item No. 90 March 14, 2006 MEMORANDUM Page 8 of 10 - DATE: January 26, 2006 TO: Ray ...."" PriDclpoI """'" J ' FROM: Sue Filson, Executive Manag Board of County Commissio · RE: HistoricalArchaeological Preservation Board As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Sharon Kenny 411 17'" A venue South Naples, FL 34102 - 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 tbe applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments - _ .__U",____" -.--- _._---~_._---- Page I of2 Agenda Item No, 9D March 14, 2006 Page 9 of 10 filson_s .m: advisoryboards@colUergov.net Sent: Saturday. January 07, 2006 2:37 PM To: filson_s Subject: New On-Dne Advisory Board Application Submitted. ~CouIlr.Y Board of County Commissioners . ~ ' I - 3301 East Tamiami Trail I(~" Naples, FL 34112 .,' . . '. Tel: (239) n4-3602 '... ~7 Fax: (239) n4-3602 . '" . .:; , '" -. 4, 1 i January 07. 2006 Application for Advisory Committees I Boards Name: Sharon Kenny Home Phone: 239-430-8525 Home Address: 411 17th Avenue South City: Naples Zip Code: 34102 . Fax Number: 239-430-9744 Business Phone: 239-404-6261 Emai! Address:seankeny@aol.com Place of Employment: self-employed How long have you lived in Collier County? 5-10 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? No Board / Committee Applied for: Historical/Archaeological Preservation Board Category: (if applicab/e) No information provided. . Do you currently hold public office? No 1/9/2006 _.~'_~...,--~"_.~._"~~....- .~ .-.-- -----------.. Pa~e 2 of 2 Agenda Item No.9 March 14, 2006 Page 10 of 10 ~- Do you now serve, or have you served on a No . Collier County board or committee? Please list your community activities: Current Chair of the Public Arts Advisory Committee for the City of Naples Former Chair of the President's Council of Collier County (2004) President of Aqualane Shores Neighborhood Associaiton for 3 years (02-04) Current board member of Naples Historical Society Class IX of Greater Naples Leadership Education: Bachelors degree in French Masters degree in Art History Experience I Background: Currently a self-employed writer. Was formerly in public relations with Washington University in SI. Louis, and the federal government in Canada. In Canada worked for the National Parks Service equivalent (Parks Canada), the Canadian Wildlife Service. and Environment Canada so - have experience with parks, historical sites, environmental ~ issues. -, 1/9/2006 .-._---- --~--_. .--.--- --..-.--- Agenda Item No, 9E March 14, 2006 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve a resolution supporting the proposed Permanent Protection for Florida Act of 2006, as proposed by U.S. Senators Mel Martinez and BUI Nelson, which protects the State from the threat of offshore drilling. OBJECTIVE: To approve a resolution of the Board of County Commissioners of Collier County, Florida, supporting the proposed Pennanent Protection for Florida Act of 2006, federal legislation introduced by Senators Mel Martinez and Bill Nelson that would pennanently protect the State of Florida's unique environment and tourism-dependent economy from the threat of offshore drilling. CONSIDERATION: The Board of County Commissioners and the County Manager's Office received a communique from the office of Senator Mel Martinez on February 14, 2006 requesting support for the Pennanent Protection for Florida Act in the form of a letter or resolution. Commissioner Coletta then sent an email request to review the materials to the County Manager's Office. (See attachment.) FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact --- associated with this executive summary. LEGAL CONSIDERA nONS: There are no legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners approves a resolution supporting the proposed Pennanent Protection for Florida Act of 2006, as proposed by U.S. Senators Mel Martinez and Bill Nelson, which protects the State from the threat of offshore drilling. Prepared by Debbie Wight, Assistant to the County Manager .~~ -_. ~,~, .__'H~'_ , """,,,,,.,~"-'~-- Agen<i(l. Item No. 9E: March 14.2006 Pag>"2of23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS It.mNumb.r: " lI.mSummary: R"C01Tlrn"nrJaliontoappnwef.lra~oluti()nsupportinlltlleprOpoged Parmar\enlPrOlectionfor Florida Act of 2.006, as proposed by U.s. Senators Mal Martins;: and Bill Nelson, which orow~ll) the Stole tram the th'eat 0; offshore dr;lIing (Commissione, COlletta) M..tlnll Oat.: 3114f2006900"(JOAM Approved8y JamelV,Mudd CounlyMaMger Oall> eo..rdofCounly 3m2oo~IL23PM COmmln;,)n6rS Co,,,,tyMana"''''fiOffico - - ---- ---.---. "".-.---- Agenda Item No, 9E March 14, 2006 Page 3 of 23 JmSOLtJTION NO. 211D6-_ A JmSOLUI10N OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SUI'I'ORTlNG TIlE PROPOSED "PERMANENT PROTECl'ION FOR FLORIDA ACT OF 2006" WHEREAS, Florida, as a peninaulll' Ilale. h.. a deJicotely balanced ecological system of aqU8lic life, wildlife, coral =fs, wct1ands, bays, estuaries and mlll1lhes; and WHEREAS, the preservation and con&eTVatiOll of ita natural resources is critical to Florida's environmental and economic futurej and WHEREAS. offshore drilling and pipeline construction and installation near any Florida shon: may co_ significant claJDase to aquatic life, wildlife, sea gra..... coral reefs, mangroves, beaches and wetlands; and WHBREAS. Florida's conlrlblllions to the U.S. economy include touriam, retirement. recreation, and agricultural products wbich .... not provided by olher oil and g.. producing &tales; and WHEREAS, the potential for an oil or gas spiU is significant and the dama8" thcJefrom to the beaches. coastal wetlands and sail m"",,es of Collier County and slJII'OlJDdjng communities couId be catastrophic: and WHEREAS. routinely there .... propoaals to allow otlshon: drilling closer 10 Florida's coasts which, if actec! upon. would cause the rial< of damage to Florida to significandy increase; and WHBREAS. SOIUltOI'll Martinez and Nelson have propo.... legislation known .. the "Permanent Protection for Florida Act of 2006" to help protect Florida', coasts by legislatively eslabliahing a bolDldary line for drilling in Ibe Gulf of Mexico. NOW, THEREFORE BE IT RESOLVED by the Board of County CommissioneIO of CoUier County, Florida that: The risk of claJDase from offiJhon: drilling to the County and ,urrounding communities and lI1e enviromnent is great. Thus, lI1e Board suppona the "Permanent Protection for Florida Act of 2006" to help protect Florida's coasta. PASSED AND DULY ADOPTED by the Board of County Commi..ioners of Collier County. Florida, this 14~ day of March, 2006. ATTEST: Dwiglrt E. Brock, CLIlRK BOARD OF COUNTY COMMISSIONERS COllJER COUNTY. FLORIDA BY: BY: DEPUTY CLERK Frank Hal.., CHAIRMAN Approved as to form and tegal sufficiency: ~r/~ Miehnel W. Pettit Chief AssiSlJlnl County Attorney H:lpublid_C)'~tb1 for (j ~a30606 . -,-- -,.~-~""-_.,,.,.,.., Agendff!i\i Nef9\;: March 14, 2006 Page 4 of 23 wighCd From: ColettaJim Sent: Tuesday, February 14, 2006 6:42 PM To: wight_d; mudd~ Cc: rosiak_n Subject: FW: the Permanent Protection for Florida Act Debra Would you review the attached and determine with the aid of C.M. Mudd and staff if support of this legislation with a resolution I proclamation would be in the best interest of Collier County. Jim Coletta From: Tibbetts, Sally (Martinez) [mailto:SaIly-Tibbetts@martinez.senate.govj Sent: Tuesday, February 14, 2006 4:43 PM Subject: the Permanent Protection for Ronda Act I have attached for your review several documents pertaining to the Pennanent Protection for Florida Act. The bill, introduced by Senators Mel Martinez and Bill Nelson, would pennanently protect the state's unique environment and tourism-dependent economy from the threat of offshore drilling. It also takes into account the unreliability and increasing price of foreign energy supplies by allowing limited new exploration -- far off the state's coast -- some 260 miles from Tampa Bay. The Senator would - appreciate any support you could provide for this bill in either the form of a letter or resolution. Please let me know as soon as possible if you would be willing to accommodate this request or if there is anything else I can do to facilitate a decision on your part. Sincerely, Sally Tibbetts Gulf Coast Regional Representative U.S. Senator Mel Martinez 5100 W. Kennedy Blvd., Suite 190 Tampa, FI 33609 Phone: 813-207-0509 Fax: 813-287-9453 sally _tibbetts@martinez.senate.gov From: Pedrosa, Nllda (Martinez) Sent: Tuesday, February 14, 2006 3: 35 PM To: Mantilla, Joe (Martinez); Doyle, Kevin (Martinez); Brown, Greg (Martinez); Tande, Kris (Martinez) Cc: Tibbetts, Sally (Martinez); Mondelli, Maura (Martinez) SUbject: OCS package sans TP's Hi all -- per my other message. Please see package from Sally. Thanks!! Nllda Nilda R. Pedrosa State Policy Director .- U.S. Senator Mel Martinez nilda.Jl9<lrol'a@martinez.se.nate.goY 3/6/2006 ._._-~ .~..- ~ -.- -. Agendlft~ ~8!~ March 14, 2006 Page 5 of 23 From: Tlbbetts, Sally (Martinez) Sent: Tuesday, February 14, 2006 11:01 AM To: Pedrosa, Nilda (Martinez) SUbject: fyi I have this package we can send people, but talking points would also be nice. Sally Tibbetts Gulf Coast Regional Representative U.S. Senator Mel Martinez 5100 W. Kennedy Blvd., Suite 190 Tampa, FI 33609 Phone: 813-207-0509 Fax: 813-287-9453 sally- tibbetts@martinez.senate.gov ~ 3/6/2006 -------~-~'_.,....-..-.-...,- -....- WeD'" i!l.ON 0_ '0 ~.c.o E~'" "'.c 0) =:~& mm -g::E '" 0) <{ MoOI ....... ....... ....... ....... ....... ...... ....... ...... ....... ....... -...- -.. N." V 11I=-................ on .... ..............~..- -- ........-.........-.-..... N - N.or -1"'-" N'" I ! -'-"-' NM _.._--~_._.- .--.-".'-'------'- - N.or ~ I , I NoD: ~- ~----,-_._--".- NoD: I N'" ..u. N'" I 00 i N'" - ..---, .-.- --.--..-- -i-- N'" .........~....~ IZJ I ....ItO...~.... D ! ...,,~..lOlMM...1U1R: un N.oc ....AIltMIM J.t aM - N.oc ........ .. dew WPJlObI MoOI ....... ....... ....... ....... ....... ...... ....... ...... ....... ....... - -- ..~-_. ...~_"".____--.. n~'___. ----."- ..~-- -~---- Agenda Item No. 9E March 14, 2006 Page 7 of 23 II 10!JTH CONGRESS S.2239 2D SESSION I I To prohibit offshore drilling on the outer Continental Shelf off the StRte of Florida, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 1, 2006 Mr. MARTINEZ (for himself and Mr. NELSON of Florida) introdueed the fol- lo,,'ing bill; which was read t.wice and referred t.o the Committee on En- ergy and Natural Resources A BILL To prohibit offshore drilling on the outer Continental Shelf off the State of Florida, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Permanent Protection 5 for Florida Act of 2006". 6 SEC. 2. PROlDBITION ON OIL AND GAS PRODUCTION IN 7 FLORIDA EXCLUSION ZONE. 8 The Outer Continental Shclf Lands Act is amcnded 9 by inserting after section 8 (43 U.S.C. 1337) the foI- 10 lowing: I ~---_.'-~-'~.-....-- Agenda Item No. 9E March 14, 2006 Page 8 of 23 2 - 1 "SEC. SA. PROHIBITION ON OIL AND GAS PRODUCTION IN 2 FLORIDA EXCLUSION ZONE. 3 "(a) DEI<'I:-JITIONs.-In this section: 4 "(1) FLORIDA EXCLUSIOK zOKE.-The term 5 'Florida exclusion zone' means the area located- 6 "(A) east of the red line (as depicted on 7 the Minerals Management Service map entitled 8 'Florida Map 1', dated January 23, 2006); 9 "(B) 25 miles west of the Military Mission 10 Line (as depicted on the Minerals Management 11 Serviee map entitled 'Florida Map 1', dated 12 January 23, 2006); -- 13 "(C) 150 miles off the Florida Panhandle, 14 including the area commonly known as the 15 'Stovepipe' in the 181 Area in the Gulf of Mex- 16 lea; 17 "(D) the Straits of Florida planning area; 18 and 19 "(E) 150 miles off the Florida east coast 20 that extends from the Straits of the Florida 21 planning area to the Florida-Georgia border. 22 "(2) MILITARY MISSIO:-J LIKE.-The term 'Mili- 23 tary Mission Line' means- 24 "(A) the 86041' north-south line of lon- . 25 gitude; or .S 2239 IS n _..~_~__,__ ._---"-- -.--. ,---- --.'.-----...- -_._.._,.,_._~-- Agenda Item No. 9E March 14, 2006 Page g of 23 3 1 "(B) a line not more than 25 miles west 2 of the line described in subparagraph ( 1), as 3 determined by the Secretary of Defense during 4 the 5-year period beginning on the date of en- 5 actment of this section. 6 "(3) NOK-PRODl'CI~G LEASE.-The term 'non- 7 producing lease' means a lease for the production of 8 oil, natural gas, or any other mineral in the Florida 9 exclusion zone that is in existence and in good 10 standing on the date of enactment of this section. 11 "(b) EXCLI'SIO~ ZOXE.- 12 "(1) Ix GE~ERAL.-Notwithstanding any other 13 provision of law, the Secretary shall not issue a lease 14 for the eJo.1lloration, development, or production of 15 oil, natural gas, or any other mineral in the Florida 16 exclusion zone. 17 "(2) GREAT LAKES.-It is the sense of Con- 18 gress that States are encouraged not to issue a per- 19 mit or lease for new oil and natural gas slant, direc- 20 tional, or offshore drilling in 01' under any of the 21 Great Lakes (as described in section 386 of the En- 22 ergy Policy Act of 2005 (42 D.S.C. 15941)). 23 "(3) .APPLICATlO~.- This subsection applies 24 to- 25 "(A) a non-producing lease; and .s 2239 IS ~.,,------ ._--~ .-...--. ---..- Agenda Item No. 9E March 14, 2006 Page 10 of 23 4 _.,~ 1 "(B) a non-producing lease that would oth- 2 erwise be entered into on or after the date of 3 enactment of this section. 4 "(c) WITHDRAWAL.-The Florida exclusion zone is 5 withdrawn from- 6 "(1) any outer Continental Shelf protraction 7 diagram prepared by the Minerals Management 8 Service; and 9 "(2) consideration for inclusion in any 5-year 10 outer Continental Shelf leasing program of the De- II partment of the Interior. 12 "(d) RELI:oJQVISHME:oJT 01>' CERTAI!\ LEASES.- - 13 "(1) IN GE:oJERAL.-Subject to paragraphs (2), 14 (3), and (4), any non-producing or similar lease that 15 is suspended on the date of enactment of this section 16 in the Eastern planning area of the Gulf of Mexico 17 (other than Lease Sale 181, as identified in the final 18 outer Continental Shc1f 5-Year Oil and Gas Leasing 19 Program for 2002-2007) that is active, non-pro- 20 ducing, or in suspension as of the date of enactment 21 of this section is relinquished and abandoned in ex- 22 change for royalty forgiveness for revenue streams 23 owed by oil and gas lessees producing on that date 24 in the Central and Western planning areas of the ,-" 25 Gulf of Mexico. -s 2239 IS ----- --- - - ~- .___..._ ____H ------ - - ------------- Agenda Item No. 9E March 14, 2006 Page 11 of 23 5 1 "(2) RESTORATION OF LEASED S~;A FLOOR.-A 2 lessee of a relinquished and abandoned lease shall- 3 "(A) remove all exi sting boreholes, 4 wellheads, and ancillary equipment located on 5 the leased sea floor; and 6 "(B) restore the sea floor as nearly as 7 practicable to pre-lease condition. 8 "(3) IXELIGIBLE LESSEE.-A lessee of a relin- 9 quished and abandoned lease is ineligible for royalty 10 forgiveness if the lease involves- 11 "(A) an outer Continental Shelf tract in 12 the Central or Western planning area of the 13 Gulf of Mexico subject to royalty deferrals or 14 royalty forgiveness pursuant to- 15 "(i) the notice of proposed rulemaking 16 entitled 'Relief or Reduction in Royalty 17 Rates-Deep Gas Provisions' (68 Fed. 18 Reg. 14868); or 19 "(ii) any other Federal law (including 20 regulations) ; 21 "(B) an onter Continental Shelf tract 10- 22 eated within the boundaries of the Flower Gar- 23 den Banks National Marine Sanctuary; or 24 "(C) any outer Continental Shelf tract 10- 25 cated outside the boundaries of the Florida ex- .S 2239 IS "'+.-. ~~_~~__M"_',"',_ .... ~_.~ -.------ ~ Agenda Item No. 9E March 14, 2006 Page 12 of 23 6 ~- 1 elusion zone and within the Eastern planning 2 area of the Gulf of Mexico. 3 "(4) WAIVER OF RE:'\TTS A,"lD ROYALTIES.- 4 "(A) IN GENERAL.-The Secretary shall 5 allow an eligible lessee covered by paragraph 6 (1) to withhold from payment any royalty or 7 rent due to the United States under this Act. 8 "(B) JUDICIAL REVIEW.-Any disagree- 9 ment between an eligible lessee and the Sec- 10 retary regarding the amount of royalty or rent 11 forgiveness described in subparagraph (A) shall 12 be subject to judicial review. - 13 "(e) ADMINISTRATION.- 14 "(1) OTHER SECTIO:'\TS OF ACT.-Beginning on 15 the date of enactment of this section, other sections 16 of this Act shall not apply to- 17 "(A) any area in which leasing is prohib- 18 ited under subsection (b); 19 "(B) any area that is withdrawn under 20 subsection (c); or 21 "(C) any area subject to a lease that is re- 22 linquished under subsection (d). 23 "(2) I:'\TVENTORY.-The areas described in sub- 24 paragraphs (A), (B), and (C) of paragraph (1), as .-. 25 well as the areas currently under moratorium in the .S 2239 IS -- -, -....- -..---- Agenda Item No. 9E March 14, 2006 Page 13 of 23 7 1 outer Continental Shelf and the areas protected by 2 the document entitled 'Memorandum on Withdrawal 3 of Certain Areas of the United States Outer Conti- 4 nental Shelf from I.Jeasing Disposition' (34 Weekly 5 Compo Pres. Doc. 1111, dated June 12, 1998), shall 6 not be subject to an inventory conducted under sec- 7 tion 357 of the Energy Policy Act of 2005 (42 8 U.S.C. 15912). 9 "(3) NATIOKAL MARI~E SANCTUARY.-Nothing 10 in this section precludes the Secretary of Commerce, 11 acting through the Director of the National Marine 12 Sanctuary Program, from considcring any portion of 13 the Florida exclusion zone for designation as a ma- 14 rine sanctuary under the Marine Protection, Re- 15 search, and Sanctuaries Act of 1972 (33 U.S.C. 16 1401 et seq.) ( commonly known as the 'Ocean 17 Dumping Ace). 18 "( 4) MArr\TENAI\CE Ar\D REPAIR OF EXISTING 19 PIPELI~ES.-Nothing in this section precludes- 20 "(A) the inspection, monitoring, or repair 21 of pre-existing subsea oil and natural gas pipe- 22 lines under Federal law (including regulations) 23 pertaining to pipeline safety and environmental I 24 protection; or i .S 2239 IS ~------"'_.~..__.. .. .. ----,..---..-...." '--,"--_.-."~_..._.,..'- I Agenda Item No. 9E I March 14, 2006 Page 14 of 23 8 -. 1 "(B) the replacement in situ of preexisting 2 subsea oil or natural gas pipelines under that 3 Federal law. 4 "(5) COMMERCIAL AND SPORT FISHIXG.-Noth- 5 ing in this section affeets any regulation or manage- 6 ment of commereial or sport fishing, or routine oper- 7 ation or transit of fishing or recreational vessels, 8 within the Florida exclusion zone. I 9 "(6) MILITARY ACTlVITlES.-~othing in this 10 section limits any military ship, submarine, aircraft, I 11 or amphibious vessel activity conducted as part of- 12 "(A) military exercises; .,,- 13 "(B) routine transit; 14 "(C) military preparedness; or I 15 "(D) rescue operations. I 16 "(f) CONDlTlOXS FOR LEASING IN OTHER AR~~AS.- I 17 "(1) IN GENERAL.-With respect to Federal I 18 leasing on the outer Continental Shelf in the areas I , 19 described in paragraph (2)- I 20 "(A) each individual lease sale shall be 21 subject to the review process under the Na- 22 tional Environmental Policy Act of 1969 (42 23 D.S.C. 4321 et seq.), including the completion 24 of an environmental impact statement for the - 25 lease sale; and .s 2239 IS ~_._,.- Agenda Item No. 9E March 14, 2006 Page 15 of 23 9 1 "(B) all pre-lease and leasing activities 2 shall proceed only if best available and safest 3 technologies, as described in 21(b), are required 4 for all phases of operations. 5 "(2) DESCRIPTIO;>'! OF AREAS.-The areas re- 6 ferred to in paragraph (1) are areas on the outer 7 Continental Shelf that- 8 " (A) are not specifically covered by this 9 Act. and , 10 "(B)(i) are not located within the pro- 11 tected waters of the Florida Exclusion Zone; 12 "(ii) are not protected by the document cn- 13 titled 'Memorandum on Withdrawal of Certain 14 Areas of the United States Outer Continental 15 Shelf from Leasing Disposition' (34 Weekly 16 Compo Pres. Doe. 1111, dated June 12,1998); 17 or 18 "(iii) are not located within any other fed- 19 erally protected area.". 20 SEC. 3. EXTENSION OF DEFERRAL. 21 Notwithstanding the document entitled "Memo- 22 randum on Withdrawal of Certain Areas of the United 23 States Outer Continental Shelf from Leasing Disposition 24 (34 Weekly Compo Pres. Doc. 1111, dated June 12, 25 1998)", the eA-piration date for the withdrawal of areas .8 2239 IS ----.- Agenda item No. 9E March 14, 2006 Page 16 of 23 10 -- I of the outer Continental Shelf described in the first para- 2 graph of that Memorandum shall be eAiended until June 3 30, 2020. 0 - I I I - .S 2239 IS ---.-..-- .---- -~---.__._.. Agenda Item No. 9E March 14, 2006 Page 17 of 23 Anti-drilling bill introduced MITCH STACY Associated Press TAMPA - Florida's two U.S. senators may sit on opposite sides of the aisle, but they were united Wednesday in introducing new legislation that would broaden protections against gas and oil drilling off the state's coasts. The bill unveiled in Washington by Democratic Sen. Bill Nelson and Republican Sen. Mel Martinez - known as the Permanent Protection for Florida Act - would keep drilling as far as 260 miles off Florida's west coast and 150 miles off the Panhandle and the east coast. Nelson and Martinez have steadfastly opposed increasing efforts to allow drilling in the eastern Gulf of Mexico, fearing it could pollute beaches vital to the state's tourism , business and interfere with military training and weapons testing in and over the Gulf. I , "This bill sends a message that's loud and clear - Florida's waters are off-limits," Martinez said, calling the action a "pre-emptive strike." Pressure has been growing to open waters off Florida and other coastal states to drilling following after Hurricanes Katrina and Rita temporarily disrupted production and shut down refineries. But opponents contend that opening more of the Gulf to drilling would do little or nothing to reduce prices. The senators, who last year beat back two legislative attempts to allow drilling closer to the state, said their measure is necessary now because Florida can no longer rely on temporary moratoriums, which are scheduled to expire in 2007 and 2012 unless renewed. And, they say, a plan by the U.S. Department of the Interior published last month further threatens Florida by shifting state underwater boundaries and placing much of a 5.9 million acre area known as Lease Sale 181 under the control of pro-drilling Louisiana. In exchange for the new boundaries, 011 companies would be allowed to seek permits to drill in other sections of Area 181. Companies that already have drilling rights within the new boundaries would be compensated. Mark Ferrulo, director of the Florida Public Interest Group, said the measure "would provide long-lasting protection for Florida's world famous coastline." "I'm optimistic that the Martinez-Nelson bill will provide a legisiative rallying cry for permanent protection of our coast that Florida's entire congressional delegation can once again link hands across the aisle and fight for," Ferrulo said. ""'---" ....-...., .. " '--'._"".~_~.C'"~"'~~'=',<<=;.. ........ ---------- Agenda Item No. 9E March 14, 2006 Page 18 of 23 U.S. Rep. John Peterson, R-Pa., who last year co-sponsored legislation that would have removed drilling moratoriums in the Lease Sale 181 area, said the bill is unreasonable. Millions of jobs in various industries and this country's ability to compete in a global market hinge on opening up natural gas supplies, he said. "I think it is something that must not pass," Peterson said. "I can't believe they think Florida should set national energy policy." In November representatives of industry and poverty programs testified at a congressional hearing in favor of expanding natural gas drilling offshore, saying the poor will suffer and workers will lose jobs if natural gas prices are not reduced. Bipartisan protection I Legislation introduced by Sens. Bill Nelson and Mel Martinez would keep drilling farther from our beaches than any proposal so far. A St Pete Times Editorial Published February 2, 2006 - For those fighting the good fight to forestall an oil-industry assault on the Florida coast, the cavalry has arrived. Sens. Bill Nelson and Mel Martinez introduced a bipartisan bill Wednesday that would keep drilling farther from our beaches than any legislation offered so far and make the protection pennanent. It also offers the pro-drilling forces enough to make any objection appear greedy. Until Nelson, a Democrat, and Martinez, a Republican. presented their bill Wednesday, the state's congressional delegation had been grappling with a series of back-room deals that drilling proponents wanted to slip past Congress as an amendment to an unrelated spending bill. That effort failed at the end of session last year, giving the senators an opening. "Mel and I decided we were going to launch a pre-emptive strike for permanent protection," Nelson said in a joint press conference. Here are the key details: The boundary for new drilling leases in an area of the eastern gulf known as 181 would be drawn no closer than 150 miles from the Panhandle. Drilling wouldn't be allowed east of a line drawn by the military for use in its training, which is 235 miles from Pine lias County beaches. In fact, the Nelson-Martinez bill sets the drilling boundary 260 miles from Florida's west coast, giving the military an additional 25-mile buffer. If after five years the buffer isn't needed for military purposes, it could be opened for oil exploration. Some drilling opponents will find that too much of a giveaway, but major environmental organizations, _. including Florida PIRG, support the legislation. Exploration would be allowed in a corner _. ____.m_.~_ --.~ -- --- Agenda Item No. 9E March 14, 2006 Page 19 of 23 of 181 that is said to look promising for natural gas, but offshore rigs would move no closer to our shores than already allowed under existing leases, Nelson and Martinez have sought bipartisan support from the Florida delegation, and should get it. Rep. Jeff Miller, a Panhandle Republican, is "encouraged by the concept" and will be meeting with the full delegation to gain broad sponsorship of a House version of the bill, said Miller's spokesman, Dan McFaul. That leaves one key official to make his intentions clear: Gov. Jeb Bush. "' hope (the bill) will gain support from the governor," Martinez said. Last session, Bush joined antienvironmental Rep. Richard Pombo, R-Calif., to cut a bad deal for the state. Their legislation would have required a complex political process (open to manipulation by the oil industry) to keep drilling 125 miles off Florida beaches. There was nothing permanent in their proposal. Considering that the senators are proposing a much better outcome for Florida, Bush should offer nothing less than his full support. 260-mile Gulf no-drill zone proposed By Amie Parnes Naples Daily News Thursday, February 2, 2006 WASHINGTON - Sens. Bill Nelson and Mel Martinez were sick of the seemingly endless fight to keep oil rigs off their shores. So on Wednesday, Nelson, a Democrat. and Martinez, a Republican, offered up what they considered to be a well-reasoned solution, one that would stop the oil drilling drumbeat in Florida once and for all. The senators introduced legislation that would create a permanent no-drilling zone at least 260 miles off the west coast of Florida, the farthest buffer proposed yet. In exchange, the plan would allow oil companies finally to drill in a section of Lease Sale 181, an area they have had their sights on for years. The deal also would keep oil rigs at least 150 miles off the eastern and southern coasts and would protect the "stovepipe" tract of 181, located approximately 20 miles from the Pensacola shore. A federal ban on the 4 million-acre area expires next year, Other presidential moratoriums on the Outer Continental Shelf expire in 2012. fl_"___~_._,.__._~..__~___..._,_.~" "_._"....,_..... Agenda Item No. 9E March 14, 2006 I Page 20 of 23 W.<_ I If the Nelson-Martinez ban is successful, it will help protect more than 3 million acres that are the closest sections to the state's shores. "We're launching a pre-emptive strike to put permanent protection around Florida," Nelson said Wednesday in a joint news conference with Martinez. "If we do nothing, we have to continue this knife fight every day. "We think 260 miles-plus is very pure," Nelson added. For months, even as other lawmakers tried to map out a drilling compromise, both senators refused to budge on the issue. They feared that even the mere sight of oil rigs would ruin not only their "pristine" environment but their billion-dollar tourism industry. But with gas prices rising and increased pressure from their coileagues and President Bush on the drilling issue, they began to realize they were going to have to change their tune just a little bit. "It is a changing environment," Martinez said of the recent pressures to rely on domestic I sources of oil. His colleagues, he said, kept nudging him to "put something on the table." Over the monthlong congressional recess, the two Florida senators met at Martinez's I Orlando home to sketch out their own proposal. .- "Weil," Martinez said of the newly released plan, "this is our answer." "This is Florida's position," he reaffirmed. "This is not the beginning point of some I negotiating deal. We now have a plan that Sen. Nelson and I can live with." Now comes the hard part: convincing others, both Floridians and non-Floridians, that the I proposal is a good one. Martinez said he has spoken to Gov. Jeb Bush and that his aides are keeping the govemor's office abreast of the proposal's details. For the time being, Gov. Bush is "just absorbing it," Martinez said. The senator said he has also taken the plan to Sen. Pete Domenici, chairman of the Senate Energy and Natural Resources committee, who has said that he supports offshore oil exploration and plans to introduce his own proposal in the coming weeks. Domenici is "digesting" the plan, Martinez said. "But the chairman is someone I can work with," he said. At the same time, both senators have spent the last couple of days briefing Florida House members and their aides. Although the lawmakers seem supportive, some complained that the senators had not .- given them enough time to sift through the bill. Others said the bill was eerily similar to a compromise some House members tried to reach with House Resources Chairman -- ~~_.- - - --..,-....- Agenda Item No. 9E March 14, 2006 Page 21 of 23 Richard Pombo late last year and wondered why the senators had not cooperated with that plan. And some lawmakers argued that it was "too early" to even sit down at the negotiating table. "I'm concerned that we continue to negotiate against ourselves on the issue of drilling," said Rep. Mark Foley, R-Fort Pierce. "Currently there is a moratorium on drilling and Florida's delegation has historically stood fast against efforts to make changes to that moratorium. We're not at a point yet where we need to promise away a single inch of Florida's shores," Foley added. But Southwest Florida lawmakers, Mario Diaz-Balart, R-Miami, and Connie Mack, R-Fort Myers, say they are in favor of the Nelson-Martinez proposal. "Any plan that protects Florida's economy and environment from the peril of offshore drilling is worth supporting," said Jeff Cohen, Mack's chief of staff. Diaz-Balart said, "Floridians should decide what happens in our waters." "I cannot stress enough that we need a permanent drilling ban around the entire state sooner rather than later," he said. "I hate to say, " told you so,' but keeping the moratorium in place is only becoming a steeper hill to climb and is why I supported an almost identical proposal last fall." "."..--....--__..._~_,~~_.._ "'A' Agenda Item No. 9E March 14, 2006 Page 22 of 23 Fla. senators' proposal limits offshore drilling Proposed legislation would permanently ban drilling near Florida's coasts, and has been hailed by environmentalists. BY LESLEY CLARK MIAMI HERALD lc1arkt'li>MiamiHerald.com WASHINGTON - Florida's two senators Wednesday unveiled legislation they said would better protect the state's coastline from oil and gas drilling, months after rejecting a controversial proposal to permit drilling in the Gulf of Mexico in exchange for a commitment to keep oil rigs away from the coast. The bipartisan bill would create a permanent no-drill buffer, keeping Gulf of Mexico oil rigs as far as 260 miles away from Tampa and Naples, and 150 miles from Pensacola. Some of the deepest waters more than 150 miles off Florida's coast would be open to exploration in exchange for the buffer zone. Environmentalists hailed the proposal, saying it goes further than last year's _. compromise, which called for a 125-mile buffer zone around the state. In the past, Sens. Mel Martinez, a Republican, and Bill Nelson, a Democrat, have rejected any calls for drilling in Florida waters, fearing it could pollute beaches important to the state tourism industry, but both said Wednesday they want to put a stop to attempts to nibble away at Florida's no-drilling stance. Since Hurricane Katrina ripped through the Gulf and gas prices began rising, congressional efforts to open the Gulf to drilling have redoubled and the Bush administration last month drew new boundary lines that could give drill-friendly Alabama and Louisiana authority over water Florida has long claimed. 'There's a question of whether we want to continue to fight a purely defensive battle or say, 'OK, this is what we can live with;" said Martinez, who is proposing the iegislation with Nelson. "If we do nothing, we have to continue this knife fight every day." Nelson said. "We're launching a preemptive strike to put permanent protection around Florida." LEGISLATIVE SUPPORT - ---- ------..-...--- Agenda item No. 9E March 14, 2006 Page 23 of 23 Their proposal came as welcome news to some Florida members of Congress, particularly eight Republicans who last year supported a compromise with congressional leaders. 'I don't want to say 'I told you so,' but. . .," said Rep, Mario Diaz-Balart, a Miami Republican who had backed the compromise. "This is very similar to what a number of us last year were saying we had to shoot for." Diaz-Balart, who said he'll back the measure, said he's worried the state may have lost momentum. Its coastline is now protected from drilling by a patchwork of bans and moratoriums that begin to expire in 2007, and pro-drilling advocates, he suggested, may simply try to wait out the Florida delegation. Under the senators' proposed legislation, if approved by a Congress that has eagerly eyed Florida water for drilling, a permanent no-drilling zone would be created in much of the eastern Gulf. It would allow for exploration only in a small section of the eastern Gulf area known as "Lease Sale Area 181." Environmentalists said the measure goes much further than the compromise touted last fall by the Republican House members and Gov. Jeb Bush. Bush said Wednesday that he hadn't seen the details, but was encouraged Nelson and Martinez were working together on a proposal. BROADER BUFFER The buffer zone extends twice as far into the Gulf and "it's about as permanent as you can get without amending the U.S. Constitution," said Mark Ferrulo, director of the Florida Public Interest Research Group. Even if the plan obtains the full delegation's support, the legisiation faces hurdles. Martinez acknowledged that Sen. Pete Domenici, R-N.M., who chairs the Senate Energy and Natural Resources Committee, is keen to open up part of the Gulf to drilling. And some suggested that Senate Republicans may be loath to give Nelson -- up for reelection -- a major legislative victory. Martinez downplayed suggestions that Nelson's political future could playa role. "At some time we've got to just work in the public interest," Martinez said. "If that means working with Senator Nelson, so be it." --.....--- ._-_.~-".._-~ ..-- Agenda Item No. 10A March 14, 2006 Page 1 of 19 .- EXECUTIVE SUMMARY To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 2001-55 OBJECTIVE: To determine if existing advisory boards and committees continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustmeots are necessary. CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any giveo year. Each advisory board scheduled for review in 2006 previously provided the County Manager with a written report that answers specific questions prescribed in the ordinance. Staff comments are also included in each report. Additionally the ordinance calls for each advisory board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. In 2006, nine (9) advisory boards are scheduled for review, of which the first five (5) will be presented at the March 14, 2006 Board meeting, with the remaining four (4) to be presented at the March 28, 2006 Board meeting. The five (5) advisory committees scheduled for review on March 14th are listed below in the order of preseotation: ~ Affordable Housing Commission Black Affairs Advisory Board Collier County Citizens Corps Forest Lakes Roadway and Drainage Advisory Committee Hispanic Affairs Advisory Board FISCAL IMP ACT: In most cases the boards scheduled for review require only the staff time needed to attend, prepare back up information, minutes and any additional information required by committee members. At a minimum, an advisory board will normally cost $2,000 annually. However, for staff intensive boards with significant back up requirements such as the Planning Commission, the cost to the County may be as much as $50,000 to $65,000 annually in staff time, copying charges, minutes and other expenses. GROWTH MANAGEMENT IMPACT: There is no direct Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners review the written reports and oral preseotations of the boards and committees scheduled for review in 2006, and if applicable, direct any revisions necessary to have the committees function as efficiently and effectively as possible. ATTACHMENTS: Five (5) Advisory Board/Committee 4-year review written reports PREPARED BY: Winona Stone, Assistant to the County Manager ~. ~._" --.--'.--..,-- .. ._.."~._,."_.,,..~~" Agenda Item No. lOA March 14. 2000 Page2ct 19 COLLIER COUNTY BOARD OF COUNTY COMMISSION.ERS Item Number: WA -- ltemSummlrY: nllS i!am t~ lll1 tl"'llr'J at 11 :00 a,m To 1"""''''1'.' the w..itta" and Nill rep~rls (,I Ihe following Advisor)' Boards and Committees st.neduled tor rev,ev.: In Z006 ,n 'Ier;ord'lne" with Ordinance No. ~.l)01.55: Aftnrdllol" Housing C()mm,~sion, Slar.k Affairs Adv'~OfY S""rd, Collier County Cftiz.en Cmps, Foreat lakes Roadway and Drlllnage Advlwrv Committee amI Hlsp,lnir, Alfairs Advismy B<Jsrd (Micha<ll Shlllheld, Assistant 10 th.. Counly Mlmager) Meeting Date: Ji14/2006(l:OO:OQAM Approved By LnQ15.. Ochs,J' Df>!>u\yCountyMa""g.., Dale B<>ar<i01 c,,,"'ty 311!20061:112PM Commissio....... CounlyMat1a9f>"~ Oflk.... -- - ------ ---..- Agenda Item No. 10A March 14, 2006 Page 3 of 19 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2006 A. ADVISORY COMMITTEE: COLLIER COUNTY AFFORDABLE HOUSING COMMISSION lB. CHAIRMAN: I Jeff Cecil I Ie. STAFF LIAISON: I Cormac Giblin I I I D. STAFF AGENCY: I Operational Support and Housing Department, CDES I I IE. AUTHORITY: I Collier County Ordinance No. 91-65, as amended I I IF. SUBMITTAL DATE: I January 25, 2006 I IG: FY OS REVIEW DATE: I March 14,2006 I IH. LAST BeC REVIEW DATE: I March 2002 I , I I I. SUMMARY: I I The Affordable Housing Commission is a ten mernber Board including one alternate. I I Eight commissioners are appointed by the Board of County Commissioners and two I commissioners are appointed by the City of Naples Council. Two members must live in I the rural area of the county with one of them being a resident of Immokalee. I The Board's purpose is to create, review, and recommend policies to the Board of I County Commissioners in an effort to increase the supply of decent, safe, affordable housing throughout the county. , 1. Whether the CommitteelBoard is serving the purpose for which it was created. Yes, the Affordable Housing Commission is serving the purpose for which it was created. It reviews and monitors the implementation of the Housing Element of the Growth Management Plan, the Housing Assistance Plan, and the Consolidated Plan. The Board has been actively looking into other mechanisms to increase the availability of affordable housing such as density bonuses, inclusionary zoning and linkage fees. Page 1 of2 ,-", '-~'."--"'-'"''"-<--_.....,,-......,--,",->~,,~,~-" ," ....-., ----- Agenda Item No. 10A March 14, 2006 Page 4 of 19 2. current communi needs. Yes, the Board is adequately serving the community's needs. The Board is making the eatest ossible im act on affordable housin olicies that it is authorized to have. 3. List the Board's major accomplishments for the preceding 12-month eriod. _ Review and approval of the Collier County One Year HUD Action Plan. _ Assisting in the organization of the annual county-wide Housing Fair. _ Participation in the May 2005 BCC Affordable Housing Workshop. _ Assistance in creating the county-wide impact fee deferral program - Throu review and amendment of the authorizin ordinance for the Board. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No, there is no other board or a enc better suited to serve the ose of this Board. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it - was created. No, the current ordinance governing the Board is adequate. The authorizing ordinance was updated at the Board's suggestion in 2005 to alter the membership make up and function, powers, and duties of the Board. 6. Whether the Board's membershi r uirements should be modified. No, the membershi r uirements do not need to be further modified. 7. The cost. both direct and indirect, of maintaininl!. the Board. The cost of maintaining this Board is approximately $3,000 per year. This includes staff time and materials. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: None K: STAFF COMMENTS: Staff has reviewed and concurs with this report. No changes are recommended to this committee. -Cormac Giblin, Housinl!: and Grants Manal!:er, AHC Staff Liaison - Page 2 of2 -"---,,.--- " ---- Agenda Item No. 10A March 14, 2006 Page 5 of 19 ADVISORY COMMITTEE/BOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2006 IA. ADVISORY COMMITTEE: I Black Advisory Affairs Board (BAAB) I lB. CHAIRMAN: I Irene Williams I Ic. STAFF LIAISON: I Terri Daniels I ID. STAFF AGENCY: I Human Services Department, Public Services Division I IE. AUTHORITY: I Ordinance No. 91-38, amended by Ord. No. 91-77 I IF. SUBMITIAL DATE: I January 27, 2006 I IG: FY 05 REVIEW DATE: I March 14,2006 I I H. LAST BCC REVIEW DATE: I unknown I I. SUMMARY: The Black Affairs Advisory Board was created in 1991 to identify and evaluate problems unique to the Black Community. The BAAB is responsible for recommending ways to ensure open communication between minorities and Collier County. The ordinance was amended in 1997 and 1996 to increase the number of members from seven to nine and again in 2003 to amend the quorum requirement. The Committee is composed of 8 members, appointed by resolution of the Board of County Commissioners. Regular BAAB Meetings are usually held on the fourth Monday of the month at 6:00 P.M. in the Health and Community Services Building, Room 216. The current membership is composed of Chairman Irene Williams, Jodi Bisogno, Steward Brown, John Brunner, Laverne Franklin, Fay Ghorayeb, Peter Herard, Mary Linda Sanders, and staff liaison Terri Daniels. I. Whether the Committee/Board is serving the purpose for which it was created. The BAAB was created as a vehicle to keep the Collier County Board of County Commissioners informed of issues relating to Black residents of Collier County. 2. Whether the Board is ade The BAAB continues to serve this need. Page I of2 - ,..-..-." ...._M_.....___,._.___. '" ---- Agenda Item No. 10A March 14, 2006 Page 6 of 19 _. 3. List the Board's major accomplishments for the preceding 12-month eriod. The Board accomplished a voter registration event in September 2004. During the event, Collier Coun residents re . stered to vote for the November 2004 election. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No other board exists that would better serve the purpose for which the BAAB was created. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. I The ordinance is adequate as written. 1 6. Whether the Board's membershi re uirements should be modified. -- Board's membershi re uirements are sufficient. 7. The cos both direct and indirec of maintainin the Board. The BAAB does not receive County funding to hold events and forums. However, the board wishes to recommend financial support, i.e., costs associated with the events such as facility rental, refreshments, printing, etc. to hold BOCC endorsed events that promote awareness of uni ue issues related to black affairs in Collier Count . J: ADDITIONAL BOARD/COMMITTEE COMMENTS: Please note that during most of 2005, the BAAB had little meeting activity. The Chair, Irene Williams, suffered a tragedy when her home was destroyed by a fire and took several months to recover. However,the BAAB has welcomed three new members who are ve ositive and motivated in their role as Black Affairs Adviso Board members. K: STAFF COMMENTS: The Staff Liaison is looking forward to serving the BAAB in 2006 and excited about working with new members with fresh ideas and the enthusiasm. Comments by: Terri Daniels, Staff Liaison .- Page 2 of2 ^ --- ~....- - ----,---._---- -- Agenda Item No. 10A March 14, 2006 Page 7 of 19 ADVISORY COMMITTEE/BOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2006 A. ADVISORY COMMITTEE: Forest Lakes Roadway and Drainage Advisory Committee lB. CHAIRMAN: I Bob Jones I Ic. STAFF LIAISON: I Darryl Richard I ID. STAFF AGENCY: I Alternative Transportation Modes, Transportation Div. I IE. AUTHORITY: I Ordinance No. 92-16 I IF. SUBMITTAL DATE: I December 12,2005 I IG: FY 05 REVIEW DATE: I March 14, 2006 I lB. LAST BCC REVIEW DATE: I March 16, 2002 I I. SUMMARY: Give a brief history, including date created, purpose, current members, membership composition if aODlicable. meeting: schedule, etc. In 1991, Collier County Ordinance No. 91-107 created the Forest Lakes Roadway and Drainage Municipal Services Taxing Unit and its associated advisory committee to manage maintenance and capital improvement projects within the Forest Lakes MSTU. This ordinance was updated in 2005. The Forest Lakes Roadway and Drainage Municipal Services Taxing Unit is composed of 5 members, with members appointed by resolution of the Board of County Commissioners for a three-year tenn. Committee members are required to address community capital improvement projects and must be balanced in representing the views of the community. The committee is responsible for the authorization of community affairs that would be usually maintained by a homeowners association. The committee may also assist in the implementation of those recommendations. Regular Forest Lakes Roadway and Drainage Municipal Services Taxing Unit meetings are scheduled for the second Wednesday of the month at 10:00 A.M. in the Traffic Operations Conference Room at the Transportation Department building, 2885 Horseshoe Drive South, Naples. The current membership is composed of Chairman Bob Jones, Vice-Chair Bill Seabury, George Fogg, Virginia Donovan, and Roger Summerville. All of the members reside within the boundaries of the Forest Lakes MSTU. Page I of3 _'_"~",.."~..u_.. , --____._____o__~._,." " ......."'"-.......-.,,....,- Agenda Item No. 10A March 14, 2006 Page 8 of 19 - 1. Whether the CommitteeJBoard is serving the purpose for which it was created. The Forest Lakes MSTU is serving the purpose for which it was created. The MSTU has approved a multitude of projects aimed to improve the drainage and roadway infrastructure. Over the past three years the MSTU has invested more than $ 1,000,000 for drainage, paving and signage master plans and the design and construction of drainage I pavement imnrovements. 3. List the Board's major accomplishments for the preceding 12-month oeriod. a. Approved the installation of yard drains, piping, and outfalls to allow for improved internal conveyance of stormwater throughout the Forest Lakes Villas Community. b. Approved the desilting of dual 36" culverts (near Lake 5) that provide backbone drainage infrastructure to the whole MSTU. c. Approved the installation of catch basins and swale regrading where stormwater conveyance was deficient. - d. Approved the installation of a control structure gate to maintain proper lake storage of Lakes #15 & #16 during storm events. e. Approved the pavement overlay of six cul-de-sacs where pavement had severely deteriorated, and the addition of an annual roadway maintenance contract for pothole renair. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. The Forest Lakes MSTU board is serving its purpose well. The members of the committee are very familiar with the MSTU and the community's deficiencies that need improvement. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. No, the ordinance has been recently updated with the assistance of Assistant County Attorney Jeff Klazkow. 6. Whether the Board's membershi re uirements should be modified. No, the Board's membership requirements should not be modified. Current Board membershi re uirements are satisfacto - Page 2 of 3 .-- Agenda Item No. 10A March 14, 2006 Page 9 of 19 7. The cos both direct and indlrec of maintainin the Board. The Direct costs to maintain the MSTU on average $30,000 on an annual basis (FY05 Direct Cost total: $30,560.55). This includes cost of Consulting Services by Engineer, Electrical Service For Pump System, Secretarial Services, and Legal Advertisements. Indirect Cost to maintain the MSTU Board is Cost Related to County Departments Services to the MSTU on an annual basis. Annual average of indirect cost is $3,800.00 (FY05 Indirect Cost total: $5,400.00) The costs to maintain the MSTU are small in comparison to the value provided to the residents in rovidin a fundin mechanism to construct needed im rovements. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: The Forest Lakes Roadway and Drainage MSTU community advisory board would like to thank Alternative Transportation Modes Director Diane Flagg, Project Manager Darryl Richard, and Operations Coordinator Tessie Sillery for their service in assisting the MSTU in irnprovin~ the community. K: STAFF COMMENTS: The Forest Lakes MSTU serves the community of Forest Lakes as per the MSTU Ordinance. The Current Projects are related to drainage, pavement improvements, and maintenance of waterways. The Forest Lakes MSTU Committee is authorizing projects as per the recommendations of Engineer Consultant. Staff Comments are made by: Forest Lakes MSTU Project Manager, Darryl Richard, A TM Department, Transportation Division. Page 3 of 3 ,.....,_ ."._ .e."".'....,. .,.._~_~._,,____". Agenda Item No. 10A March 14, 2006 Page 10 of 19 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2006 A. ADVISORY COMMITTEE: His anic Affairs Adviso Board lB. CHAIRMAN: I Ernesto A. Labrador I C. STAFF LIAISON: Colleen M. Greene and Lillian Amador D. STAFF AGENCY: E. AUTHORITY: Ordinance No. 91-37, amended b Ord. No. 91-78 IF. SUBMITTAL DATE: I January 20, 2006 I IG: FY 05 REVIEW DATE: I March 14,2006 I IH. LAST BCC REVIEW DATE: I March 2002 I _. I. SUMMARY: Collier County Ordinance 91-37 created the County Hispanic Affairs Advisory Committee to review and recommend ways to ensure open communication between Hispanic residents and the County government to help promote and foster better understanding by the county of the problems facing the minority population. The Committee is composed of9 members, with a Chairman and Vice-Chairman as voted positions. The members are appointed by resolution of the Board of County Commissioners and must be pennanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to the Hispanic Community. Regular HAAB Committee meetings are held on the fourth Thursday of the month at 6:00 PM. The location usually at the Gov!. Center BCC Meeting room or other location as posted. The HAAB does not usually meet in July. The HAAB is a dedicated group of citizens with exciting ideas and energy who are workin to r resent the His anic communit in Collier Count . 1. Whether the CommitteeIBoard is serving the purpose for which it was created. This Board has served as a conduit between the community and the BCC on issues of - housing, education, jobs and various other matters concerning the welfare of the Hispanic Communitv. Page 1 of2 --- --.---- Agenda Item No. 10A March 14, 2006 Page 11 of 19 2. current communi needs. The HAAB is working diligently to assess the needs of the Hispanic community; however, the HAAB has faced challenges to fulfill the community's needs due to its inabilit to communicate effectivel throu the use of mass mailin . 3. 12-month eriod. The Board had established a relationship with the Collier County Public Schools ("CCPS"). They have embraced several provisions of "The Education Report". HAAB has also been invited to join the Diversity Committee of CCPS.- The Board has been invited by the Sheriffs office to participate in the minority coalition. The HAAB has established lines of communication with several Hispanic Organizations to it: LULAC and National Council of La Raza. The HAAB also participated in a successful workshop with the BCC that hel ed to better define the HAAB Ordinance and HAAB's role in the communit . 4. Whether there is any other Board or agency, either public or private, which is servin or would better serve the u ose for which the Board was created. There is no entity at present that can successfully do what the HAAB does. Our only agenda is to seek and give information to the BCC and dispense information during our ublic forum. S. We believe the ordinance could be amended to include a mission as advocates for issues of interest and concern to the His anic communit . 6. Whether the Board's membershi re uirements should be modified. We believe the r uirements are in order. 7. The cost, both direct and indirect. of maintaininl! the Board. The HAAB needs for its continued existence, not only the verbal support of the BCC, but requires financial support to promote better communication with the community. Without that link, the HAAB cannot have the desired impact for the BCC or the Hispanic community. K: STAFF COMMENTS: Staff concurs with this reoort. - Colleen M. Greene Page 2 of2 -,._~ - ~._'.. -'~"~"'--'- Agenda Item No. 10A March 14, 2006 Page 12 of 19 ~ Collier County Citizen Corps Advisory Committee November 22, 2005 Collier County Government County Managers Office 3301 Tamiarni Trail, E. Naples, FL 34H2 Attn: Winona Stone To Whom It May Concern: - This letter is to inform your office that the Citizen Corps Advisory Committee was required to make its 4 year report to the Collier County BCC on October 26, 2004. This report to the BeC was made a year early because of a constituent request, and was understood at the time to be in-lieu-of the 4 year requirement outlined in the County ordinance. The report presented at that time is attached and remains accurate and valid. If I can be of any further assistance please do not hesitate to contact me at 389-0723, or caotwrilql.ao!.com Walter R. J ewicz Chairman, Collier County Citizen Corps Advisory Committee Enc!. ,- - _._-~~--- ....~ Agenda Item No. 10A March 14, 2006 Page 13 of 19 Collier County Citizen Corps Advisory Board Chairman, Collier County Board of County Commissioners 3301 Tamiami Trail, East Naples, FL 34113 October 18, 2004 Dear Commissioners, It is my pleasure to present to you the enclosed status report on behalf of the Collier County Citizen Corps Advisory Board. As you will note, the past two years have been both challenging and successful towards our goal of improving emergency and disaster preparedness in our community. Of particular importance was the greatly improved coordination between agencies which proved itself during this very busy hurricane season. Your leadership in support of our efforts has been a key component to this success. If I can provide any additional information please do not hesitate to contact me at (239) 597-3759, or carolpahllalcolliergov.net S~IY, a--: D €.. ....I te tJ ~'__ O~ Carol Holle Pahl Chairman Encl. _...._w,.'"__,.___>"'~" _'__.'V__'__"'_'~~~~'_.,."'__' Agenda Item No. 10A March 14, 2006 Page 14 of 19 . .-'~ 2004 Report to the Board of County Commissioners From the Collier Connty Citizen Corps Advisory Board The Collier County Citizen Corps Advisory Board was established by ordinance 02-56 in November of 2002. Its purpose was to provide emergency preparedness coordination and advice to the Board of County Commissioners in response to the Presidents request in the wake of the 20019/11 attacks on this country. This Advisory Board is comprised of the 21 existing disaster volunteer organizations as well as the County's First Responders. Their focus resolves around the National Citizen Corps mission tenants of; Education, Training and increasing Volunteer Service. This organization has met monthly since December of 2002 and has made substantial improvements regarding emergency preparedness and disaster response procedures and processes within this community. Among other initiatives, the committee has worked on a consolidated information guide for the County, the County Local Disaster Mitigation Strategy, numerous hurricane and disaster preparedness seminars, expos and orientations between member organizations. It .-_. has advertised and sponsored training and exercises across the spectrum of disaster and emergency preparedness at both the local and national level and increased cross-training between groups like the Community Emergency Response Teams (CERT), Medical Reserve, Neighborhood Watch and the American Red Cross. Additionally, the Board has provided orientation briefings and tours aimed at familiarizing each other with capabilities, structure and organization in order to better prepare and respond to potential need in the County. The Collier COWlty Emergency Management Department has provided staff assistance and grant management oversight, as well as a central point of contact for coordination of activities. During the 2002 - 2003 CY over $17,000 in grant funding was obtained for administrative and preparedness enhancement funding most of which was utilized for training and preparedness activities. Through coordination with the Collier County grant coordination office, the Citizen Corps has obtained several additional grants for their member organizations which were enhanced or supported by their joint aff11iation. The Citizen Corps Advisory Board had made dramatic improvement to the County's preparedness since its inception, there is more to do - however, Hurricane Charley saw each member organization participate at a better coordinated and effective level because of the work that has been done by this group. The following is a summary of the accomplishments and participation by each organization on behalf of the Citizen Corps Advisory Board since December 2002: .- ---..-...--- - .--.---- Agenda Item No. 10A March 14, 2006 Page 15 of 19 Collier Countv Sherifrs Office: The Sheriff's office has provided monthly orientation and capabilities briefing(s); background services for a consolidated identification system for the group and reported monthly intelligence regarding domestic and international terrorism events. Additionally, the CCSO has supported each hurricane preparedness seminar with knowledgeable representation and expertise. The CCSO has attended, as weIl as, conducted training that was sponsored by the Citizen Corps, the State of Florida and Federal Government. A significant effort has been initiated to improve and expand the coordination between the various Neighborhood Watch organizations throughout Collier County. Finally, the past hurricane season has, and continues to be, one of the most active seasons recorded in many years. Having this new experience gained from this season's hurricanes, and incorporating many of the regional best practices, Collier County has elevated its level of safety, security and emergency response. Communitv Emerl!encv Response Teams (CERn: The CERT organization has provided an orientation and capabilities briefing to the Advisory Board as a whole, as well as training opportunities and exercise support to many of its members. Each Fire District has a CERT program and they often attend the monthly meeting so that they can report back to their membership which is currently at 500 volunteers. During this seasons hurricanes, CERT members were active throughout the community helping in shelters and providing information to their neighborhoods and communities at large. Additionally, the CERT representative to the Advisory Board has served as its Chairperson for the last two years. Collier Emerl!encv Support Volunteers (CERV): The CERV organization has provided an orientation and capabilities briefing to the Advisory Board as a whole, and has participated in local and national training opportunities through its affiliation with the Citizen Corps. Of primary importance has been its informational conduit to the many grass-root volunteer organizations throughout the community. CERV was a primary supporter to our hurricane seminar program this year and supplied volunteers and information as weIl as recruitment towards the emergency preparedness effort. During this seasons hurricanes the CERV group provided volunteers to the Collier County EOC, hurricane shelters, Charlotte, Lee and Desoto Counties as weIl as solving many unmet needs issues. Collier Countv Fire Chiers Association: The Fire Chief's Association has represented their first responders from both the independent and dependent districts in Collier County and coordinated issues and policy at the State and local level. They have been key in supporting the CER T programs, both with funding, manpower and supervision. During this seasons hurricanes their forward deployed element were instrumental in passing information from the affected Counties so that the proper volunteer support could be sent. Additionally, the collective fIre services of Collier County provided much needed mutual support to many of our neighbors throughout Florida. 2 ~_""",_'~rn""'"_~~_,",,>_, " ---- Agenda Item No. 10A March 14, 2006 Page 16 of 19 - Civil Air Patrol (CAP): The CAP organization has provided an orientation and capabilities briefing to the Advisory Board as a whole, and has participated in local and national training opportunities through its affiliation with the Citizen Corps. It has incorporated and integrated emergency preparedness into its local mission and streamlined its ability to support Collier County through its affiliation with the Advisory Board. TIlls networking has provided tangible results better coordinating Search & Rescue activities with the Coast Guard and Coast Guard Auxiliary, Sheriffs office, the Emergency Services Bureau and the Emergency Management Dependent and County fIre districts. Civil Air Patrol is an auxiliary of the United States Air Force. Naples CAP has been active in our hurricane preparedness seminars, as wel1 as helping us with Airport issues such as deploying the Emergency Management Disaster Response Units (DRUs). During Hurricane Charley the CAP flew support missions to help with traffic flow and damage assessment as well as augmenting the EOC staff with trained professionals and a forward deployed team in Charlotte County. During Hurricane Frances and Jeanne, CAP Florida State Wing EOC was located at the Naples Squadron. Post Frances, many sortie missions were flown relating to damage assessment. CAP is also now highly involved in Homeland Security missions. Many CAP SDIS (satellite digital imaging system) sortie missions were also flown from Naples base. These photographs were sent to Florida State EOC, CAP National Headquarters, and CAP Florida Wing Headquarters. Coast Guard Auxilial1l: The Coast Guard Auxiliary has provided an orientation and capabilities briefing to the Advisory Board, and has participated in local and national - training opportunities through its affiliation with the Citizen Corps. It has incorporated and integrated emergency preparedness into its local mission and streamlined its ability to support Collier County through its affiliation with the Advisory Board. TIlls networking has provided tangible results better coordinating Search & Rescue activities with the Coast Guard and CAP, Sheriffs office, Emergency Services Bureau and the dependent and independent fIre districts. Of major importance, was their design and presentation of a preparedness seminar for boaters addressing hurricane issues, presented to more than 400 people in Collier County thus far. Additionally, they have made a major effort to educate all County boaters on homeland security issues through their "Waterway Watch" program. During this seasons hurricanes the Coast Guard Auxiliary provided security and damage assessment as well as helping the boating community get prepared. American Red Cross (ARC): The ARC organization has provided an orientation and capabilities briefing to the Advisory Board as a whole, and has participated in local and national training opportunities through its affiliation with the Citizen Corps. The ARC was a primary supporter to our hurricane seminar program this year supplying volunteers and information as well as recruitment towards the emergency preparedness effort. During this seasons hurricanes the ARC provided volunteers and staff to the Collier County EOC, hurricane shelters, numerous counties as wel1 as solving many unmet needs issues throughout Florida. Salvation Armv: The Salvation Army has provided an orientation and capabilities briefIng to the Advisory Board and has participated in local training, preparedness and - exercise opportunities through its affiliation with the Citizen Corps. The Salvation Army 3 -.. Agenda Ifem No.1 OA March 14, 2006 Page 17 of 19 has further coordinated its program this year supplying volunteers and information as well as recruitment towards the emergency preparedness effort. During this seasons hurricanes the Salvation Army provided critical feeding and sheltering operations in numerous counties throughout Florida, as well as solving many unmet needs issues. Retired and Senior Volunteer Prol?ram (RSVP): RSVP has provided an orientation and capabilities briefing to the Advisory Board demonstrating and publicizing its function of integrating the 100+ senior volunteer organizations in Collier County. RSVP has consistently updated its list of "contact personnel" with each member organization in order to be more effective in the event of an emergency in our community. RSVP has also provided volunteer personnel to the Emergency Management Department to help with preparedness activities, such as hurricane seminars, as well as during emergency situations themselves. During the this seasons hurricanes, RSVP volunteers worked in the Collier Information Center (CIC), with the Persons with Special Needs program, in the Emergency Operations Center (EOC) and in the community itself, after the disaster. Additionally, RSVP members have been very active in the counties to our North assisting with their recovery. CoOier County Veterans Council: The Veteran's Council has participated as a voting member on the Citizen Corps Advisory Board from inception. The Council and its officers represent 14 veteran organizations in Collier County and over 50,000 veteran residents. In response to the request for special need volunteers for critical situations, a Veteran Task Force was created, drawing from the members of the Military Officers Association, The Reserve Officers Association, The Vietnam Veterans Association, and The Marine Corps League. This Task Force is designed to provide volunteer team service in times of difficult, stressful needs. All personnel have been trained, have served, and are able to still serve as a unit in service to our country. Calm, steady, quick reaction service will be provided to Collier County and Emergency Management assignments. Special briefmgs and training have, and will be provided to the task force by the other members of the Citizen's Corps. On going group training is expected to create a special team of critical-need volunteers designed to respond to special situations- -available to assist all other members organizations. Task Force personnel consist of military commissioned officers, non-commissioned officers and specifically-trained soldicrs. The Council has participated in training and community events which highli ght emergency preparedness activities. Collier County Business and Industrv: The Naples Area Chamber of Commerce represents this area on the Citizens Corp Advisory Committee. This affiliation has helped the Chamber in the following ways; allowed the Chamber by its membership to present its ideas on how the organizations can work together for the good of the community, allowed for synchronization of activities such as seminars and trade fairs, and involvement of the business community. The Chamber was a prime distributor of a business and industry disaster plan C.D. primer given out by the Chamber to Collier County partners. The items discussed at our monthly Advisory Board meetings 4 , "'~~~_.,-p.~.~...~,.., _"_... _A....._~..,,_.~.".~~,_~"'_. . Agenda Item No. 10A March 14, 2006 Page 18 of 19 are copied to all members of the Chamber Board or Directors. Additionally, the Chamber Advisory Board member is the Business and industry representative in the Emergency Operations Center during all activations and headed that functional area during this years hurricane activations. Citv of Navies: Has participated in preparedness activities throughout the existence of the Citizen Corps Advisory Board. Initiating CERT training through the Naples Emergency Services Department and expanding the City's disaster planning with member organizations and the County itself. Citv of Marco Island: Has participated in preparedness activities throughout the exis1ence of the Citizen Corps Advisory Board. Initiating CERT training through the City Fire Department and expanding the City's disaster planning with member organizations through the City Police Department and Collier County. Additionally, Marco Island sponsored a regional Disaster Response Team (DRT) terrorismlhazardous material exercise which not only included all County emergency response elements but those from the surrounding and regional Counties. Everf!lades Citv: Has participated in preparedness activities throughout the exis1ence of the Citizen Corps Advisory Board. Initiating CERT training through the Ochopee Fire - Control District and expanding the City's disaster planning with member organizations and the County itself. Collier Countv Emerf!em:v Medical Services: Collier County Emergency Medical Services (CCEMS) has participated with the Citizen Corps since its inception. Primarily, CCEMS has served the role of "expert consultant" in order to provide the members with information concerning domestic security and preparedness as it relates to the pre- hospital environment. Collier County Emergency Medical Services provides fIrst response advanced life support (ALS) transport for the entire 2,200 square miles of the county. Throughout the year, up to 22 ALS ambulances, 3 ALS engines and 1 helicopter provide 24-hour coverage for all emergency medical incidents. Award winning programs, to include community Automatic External DefIbrillator (AED) training, fIrefIghter cross- training and the File of Life are a few examples of the efforts that CCEMS puts forth to enhance our level of service. The future of CCEMS' relationship with the Citizen Corps is bright, with the focus being to provide the highest level of care to the community and exceed all expectations. As part of the Collier County Emergency Services Bureau, the CCEMS Department was an important component of the Emergency Operations Center management team during this seasons hurricanes. Collier Countv Health Devartment: Integrated their existing Medical Reserve Program with the Citizen Corps Advisory Board. Worked tirelessly to ensure that the professionals who had availed themselves were adequately protected to ensure their continued availability. Coordinated their activities with all member entities to fully coordinate activities and leverage mutual efforts. Successfully applied for and received - 5 -..---- -" .-.-- ---.- .-- , Agenda Ifem No. 10A March 14, 2006 . Page 19 of 19 grant funding in support of the Medical Reserve Corps. Attended training which enhanced the ability of the health department personnel to respond to emergencies and to provide emergency preparedness training. During this seasons hurricanes the Health Department successfully managed the Special Needs Shelter for the County, as well as providing assistance to neighboring Counties. District 20 Medical Examiner: The Medical Examiners Office has provided an orientation and capabilities briefing of their facility to the Advisory Board and has participated in local training, preparedness and exercise opportunities through its affiliation with the Citizen Corps. The Medical Examiners Office has further coordinated its program this year supplying training and expertise for the emergency preparedness effort. During this seasons hurricanes the ME deployed to the Emergency Operations Center and augmented the Emergency Management and Health Department staff. Collier Countv Emer1!encv Mana1!ement Department: Has acted as the primary point of contact and staff coordination department for the organization. Has planned and facilitated meetings, training, records, funding and legal oversight since the Board was created. Has provided primary direction and advice on the integration and coordination of emergency preparedness activities across the spectrum of participation. Coordinated and provided threat updates and priorities as they relate to Collier County and the State of Florida. Sponsored Advisory Board members to the National Emergency Management Training Center (FEMA) for advanced preparedness training and exercises. Naples Communitv Healthcare Svstem: Has provided primary advisory direction with regard to coordination of emergency planning involving hospitals. Has participated in planning meetings involving emergency exercise and drill scenarios. NCH Healthcare System provided auditorium space at the Naples Community Hospital for an initial annual Hurricane briefing for the general public. Citizen Corps Advisory Board members, respective elements ofCERT and Emergency Services provided volunteer support and direction resulting in the successful completion of annual Joint Commission exercise requirements for Naples Community and North Collier hospitals, Cleveland Clinic - Naples: Has participated from the onset with the Citizen Corps Advisory Board. The hospital has utilized the Boards training opportunities by sending members of its staff to several emergency preparedness courses sponsored by the State of Florida and FEMA, and shared the knowledge gained there with our Hospital Emergency Response team. Additionally, this affiliation has improved our Distance Learning Program on MCI/WMD subjects and our coordination with the Collier County Health Department and the Emergency Services Bureau. We have also completed a root cause analysis (problem solving process of current problems) which included information gain through our involvement with the Citizen Corps. 6 _ _w,..'~_ ."_"_'__"__'''_h.._~''''.._ '. Agenda Item No. 10B March 14, 2006 Page 1 of 29 ,-'~ EXECUTIVE SUMMARY Recommendation to approve the Project Agreement with the Natural Resources Conservation Service in Support of Hurricane Wilma Recovery Efforts in Collier County, and approve a purchase order to Crowder-Gulf, Inc. in the amount of $1,215,000.00 plus a 10% contingency of $121,500.00 for canal debris removal for a total of $1,336,500.00 and approve a purchase order to R.W. Beck, Inc. in the amount of $86,982.00 for monitoring of disaster generated debris management plus a 10% contingency of $8,698.00 for a total of $95,680.00 and approve the necessary Budget Amendment. OBJECTIVE: To provide canal debris removal caused by Hurricane Wilma and establish budget appropriations in a centralized cost center within the General Fund for Hurricane Wilma recovery efforts. CONSIDERATION: Hurricane Wilma made direct landfall in Collier County resulting in extensive damage and the immediate need for hurricane recovery efforts. Emergency purchase orders were issued in preparation for the recovery from Hurricane Wilma. On November I, 2005 the Board approved emergency purchase orders issued by staff. Debris removal from the County freshwater and saltwater canals were not included as - part of the aforementioned emergency purchase orders, however, staff from the Natural Resources Conservation Services (NRCS) infonned us in writing, they did not have any funds at that time to cover any cost associated with Hurricane Wilma recovery efforts. Cleaning debris from canals after a hurricane is primarily NRCS responsibility and since there were no funds available, FEMA would cover 75% of the cost of eligible debris removal from Collier County canals. After obtaining proposals for debris removal and monitoring under FEMA guidelines, NRCS has notified Collier County that money is available for debris clean up. FEMA is no longer a funding source and the County has a contract with NRCS that wiJI cover 75% of the cost of debris removal and a portion of the monitoring cost. Both purchase orders are being issued under contracts previously approved by the Board. The greatest expense to our canals resulting from Hurricane Wilma involves debris removal. Due to the anticipated amount ofNRCS eligible debris (estimated 40 miles of canals) and to further ensure compliance with NRCS regulations, a monitoring contractor is also being used. We are including a 10% contingency in the amount of $130,198.00 for a total of$I,432,180.00. GROWTH MA"IAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. - .-' ...,__.".o_..~..._, Agenda Item No. 10B March 14, 2006 Page 2 of 29 FISCAL IMPACT: The cost sharing arrangement for Hurricane Wilma is as follows: Government Al!encv Percental!e Dollars Debris Removal NRCS 75.0% $1,002,375.00 Collier County 25.0% $ 334.125.00 Total 100% $1,336,500.00 Monitoring NRCS 100.0% $ 95,680.00 Total 100.0% $1,432,180.00 Collier County's 25.0% share ($334,125.00) will come from General Fund reserves. This is especially important given that FY 06 budget must be available for the June- September 2006 hurricane season. By recognizing and appropriating NRCS reimbursements ($1,098,055.00) there will be a total of $1,432,180 in available General Fund budget appropriations for Hurricane Wilma Canal Cleanup recovery efforts. There is also a possible $50,000 from FDOT for any canal cleanup that is on the Federal Highway System. These funds will be identified after the canal clean up has been complete and will be returned to the General Fund upon reimbursement from FDOT. ." RECOMMENDATION: That the Board of County Commissioners approve the Project Agreement with NRCS and a $1,432,180.00 budget amendment establishing budget appropriations for Hurricane Wilma canal clean up efforts, and approve the necessary purchase orders to Crowder-Gulf, Inc. in the amount of $1 ,336,500.00 for debris removal and to R.W. Beck, Inc. in the amount of $95,680.00 for monitoring services. Prepared Bv: Margaret A. Bishop, Senior Project Manager, Stormwater Management Department Attachments: (1) NRCS Project Agreement, (2) Crowder-Gulf, Inc. Proposal, (3) R.W. Beck, Inc. Proposal p.,genda Item No, 10B March 14,2006 Page3of2S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS nemNumber: 1(18 llemSummary: R",;(mllnbndation >0 apI"""" .hl>- P"JI"cL AgreelTlent with t.h6 ~.jalu'al Resourees C(,lI,v"rvlllion Serv,ce m SlJppor! '.'t Hurrir,,,,," Wdma Recover,! Ettorts in Collier Count.y and approv.. II pllfch~g.. ,,,,jerto Crnw(J\'r-Gull, Inc in tll\' am(lunt 01 $1215,000 00 pllJ~ a 10% r.onling<;ncv 01 $121,5QfJ.Oa 1(," canal detms rerw.\val for a to!,,1 oj $1.T!.f;,~,Oo.no and appr<>ve;; p"rcr,,,~,, order to RW, fj"r.k, Inc. in H'.. ammmt oj ~8t,.;;f,2 on lor mr::nitr,ring 01 disaslerg""",";II\lddl'bri,manllgarn'Jnlplusa10".<.co"L,r,gancyol$8,698.0()fo'n!o\alol $9t>,fi80 00 and ,~pprQve 1M nac<l%ary Bud90t Amendmimt (Nolman ~"der, Adm,nlglmlor 1'ralls[""'aL,on Serv,c'lS! M.atlng Date; 3':1-l':~110f{!GO,OO AM Approved By Maruan,1 A. B;"~,,,I' Pr<lw,~1 Managor 1)"tO> T,~n~p,,",~!I"" Serv;o:n S\ormw~l'... Managoment. 211111200611c21AM Approvod By GI"r;aH<>rr~m Manay<>mMtlB"dg<>t ....",~Iy~l ,= Tra""portat;""SO'.ices Slo.mwl\l..rManago>m.."l 2i26!20a612.3SPM Approved By N"ronE. Feri.,r, A1CP ;'''''6porl"t,on Divisi"" Adm;"iumlor 0,,1<) Tr~n.,p(lrtali"" S..,vi,,,,,, T"''''~I'o'tnl,,'nSet'iiO:''5Aomin lj~8r,006 1:01 PM Approved By G;a"f'"n~{l Nici>iQ~1 Proj..ctManager Date ;rQn~port~ti,,,, Sot'i;ce.. St"rmwaler Ma"agem~nt 2!2BI20061;1!iPM Approved By Eugel1~ C"I.,," P'i"clp~IProj.."IM",r.a\ler D~le 1"",wP"cl"tio",S,,,,,ic"H TranHPorta1ioI1Er1\1l1\eM;ng"nd 311Il006/;39AM ConS\'uctionM"na!ll'n'p'"t Approved B}' L,~~ Taylor M,"'~~"nl""I!B,,,;,,"1 /l"aIY$! [J"IO Trft[l5portat,r,.., S"rvi~a~ T""'~l>"'t~Ii(lr1 A,lmi";~trati,,,, 3i1120a69;07AM - ApprovedB}' i_y"Wooot Pwch"singAt!e"l D~I~ A(tm"';Hlr;>tiv"S",,,rc,,~ Purd\ag'rg 3il!2ntJ63;07f'M Approv~d B}' S,,,v"C~,,,dl "'''d''M'r9IG~l1craI5v~~ Dirulo, D"k A","j"'Hlr~Hv~ S",,,,o,n5 PI,..nh~sing ~121l1J06 1:S5 PM Approv~d B}' PaIL_"''''M,d E~~"OJt.i\", $,,,,'''''''V Oat" 1,,,,,,,,,,,,I,,I,,,,,S,,,..i,,"" "',~n"l""l~tio" "',,v,,"'~ 1'1<1",;" :;.'1'2006 1:.~1 PM Appraved By OMBCoM<llnMo, Admi"j",cMi.~"H'Slft"t [)~lc Ct>umv MM1~9~c'<,; Of!<cu Ollie" of MJn~f'e;;wni & Bu<1!)H 3.'3!20ll6f,:4iAM ApprDVl'd By M,~h~d Smyk"w~hj M"""!lem"nl [. IJLl~!lel Oir':~tM I)"tu C"unty "'''''\''\l''''~ Olf;~" on;C~"'M"n"<l"mel11&eLld\lm ~16'2006 5:10 PM Approved By J~me5V. M"rirl County M~nJ\J<" [lal" E!>MtiofCou"ty C"m",;~,j""",.~ C",mry M~"~~'''''5 Ofi",,, ''7!;!O\l6 ~:.){) PM -- ..-.--.- -.""' . w_.__.______ . -.---_._--~-~-- Agenda Item No.1 06 March 14, 2006 Page 4 of 29 STATE: Florida PROJECT: 125046 AGREEMENT NO.: 69-4209-6-1617 UNITED STATES DEP AR TMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT LOCALLY LED CONTRACTING THIS AGREEMENT is hereby entered into by and between the Collier County Board of County Commissioners hereinafter called the Sponsor; and the Natural Resources Conservation Service, United States Department of Agriculture, hereinafter called NRCS. WITNESSETH THAT: WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed, and WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection measures to relieve hazards and damages created by Hurricane Wilma. NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully perfonned by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as follows: A. It is agreed that the following-described work is to be constructed at an estimated cost not to exceed $1,605,000.00. Location Description DSR No. Collier County Waterways Remove debris to prevent flooding and and repair CO-OO 1 W banks to prevent erosion. B. THE SPONSOR WILL: 1. Provide for accomplishment of the works of improvement described in Section A and provide for their completion within 180 days from the time that this agreement is executed and a notice to proceed is received. The Sponsor shall provide NRCS a copy of any solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstract, and awarded contract, or other basis of cost and accomplishment. 2. Provide cash contribution for any portion of the required 25% of the actual cost of constructing the emergency watershed protection measures described in Section A not provided by in-kind construction services described in B.3. 3. If approved by NRCS, the sponsor may provide in-kind construction services (materials, labor, and equipment). The Sponsor shall develop a Plan of Operation for all in-kind construction services perfonned. The Plan of Operation shall be submitted I Agenda Item No. 1 DB March 14, 2006 Page 5 of 29 .- to NRCS for approval prior to commencement of construction. The maximum value of all in-kind construction services shall not exceed $150,000 or 25 percent (whichever is less) of the total actual cost of the works of improvements described in Section A and in accordance with Section B.4 of this agreement. In-kind construction services shall not exceed published FEMA rates unless otherwise documented and concurred by NRCS. In-kind services will not be reimbursed for in-kind construction services provided by the Sponsor. 4. Actual cost of construction will consist of contracts awarded to contractors plus eligible Sponsor in-kind construction services of materials, labor, and equipment. The Sponsor shall provide NRCS records to support costs incurred by the Sponsor. 5. Provide in-kind technical services (survey the site, design the project, develop engineering plans and specifications, let and administer contracts, and inspect work performed). The maximum value of in-kind technical services that will be reimbursed to the Sponsor will not exceed 7.5 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and in accordance with Section B.4 of this agreement. 6. Acquire needed real property rights (land and water), permits, and licenses in accordance with State and Federal laws at no cost to NRCS. Provide certification (signed NRCS-ADS-78) that real property rights have been obtained for works of improvement described in Section A supported by an attorney's opinion attached thereto. Certification shall be provided to NRCS prior to solicitation for installation of the works of improvement. .~" 7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land and water rights, permits, and licenses needed for the work described in Section A. 8. Take reasonable and necessary actions, including legal action, if required, to dispose of any and all contractual and administrative issues arising out of the contract(s) awarded under this agreement to include but not be limited to, disputes, claims, protests of award, source evaluation, and litigation that may result from the project, and bringing suit to collect from the contractor any moneys due in connection with the contract. Any monies collected will be distributed to the parties in the same ratio as contributions are made. 9. Comply with the requirements of the provisions included in Attachment A to this agreement. If applicable, complete the attached "Clean Air and Water Certification" included in Attachment A. 10. Hold a pre-design conference with the Sponsor, Sponsor's design engineer, and NRCS. The design conference shall set forth design parameters concurred by both the Sponsor and NRCS. II. Prior to commencement of work and/or solicitation of bids, submit for NRCS review, the preliminary design, construction specifications, and drawings prepared in accordance with standard engineering principles and design parameters set forth in the pre-design conference. ] 2. Prior to commencement of work and/or solicitation of bids, submit for NRCS review the Quality Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the works of improvement are installed in accordance with 2 -. .-..-.-----.- .------ ..- Agenda Item No.1 08 March 14, 2006 Page 6 of 29 the plans and specifications, identifY individuals with the expertise, describe items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous or periodic), outline inspection procedures, and record keeping requirements. 13. Upon receiving comments from NRCS, prepare the final design, construction specifications, and drawings in accordance with standard engineering principles, design parameters set forth in the pre-design conference, and the QAP. One set of the final plans, specifications and QAP shall be submitted to NRCS for final review and concurrence prior to solicitation of bids and/or commencement of work. The final construction plans and specifications shall be signed and sealed approved by a Professional Engineer registered in the State of Florida. 14. Provide construction inspection in accordance with the QAP. 15. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notifY NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of all permits, licenses, and other documents required by Federal, State, and local statutes and ordinances prior to solicitation for installation of the works of improvement. All modifications to the plans and specifications shall be reviewed and concurred in by NRCS. 16. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are incorporated into the project. 17. Designate an individual to serve as liaison between the Sponsor and NRCS, listing his or her duties, responsibilities, and authorities. Furnish this infonnation in writing to NRCS. 18. Ensure that all contracts for design and construction services will be procured in accordance with procedures prescribed in the Code of Florida and Federal regulations applicable to the Sponsor, including the provisions contained in Attachment B to this agreement. 19. Arrange for and conduct final inspection of the works of improvement. The NRCS Liaison, the Sponsor Liaison, and the Sponsor's design engineer shall participate in the final inspection. A Professional Engineer registered in the State of Florida furnished by the Sponsor shall certifY that the project was installed in accordance with contractual requirements. 20. For structural measures, prepare and submit for approval an Operation and Maintenance Plan prior to completion of construction. Upon completion of the work, the Sponsor shall assume responsibility for operation and maintenance of the works of improvement installed. 21. If needed, upon completion of emergency protection measures and the elimination of the threat, take action to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the sponsor will not be eligible for future funding under the Emergency Watershed Protection program. 22. Provide final as-built drawings and quantities to NRCS. As-built drawings and quantities shall be certified by the engineer furnished by the Sponsor. The engineer furnished by the Sponsor shall certifY final quantities. 3 Agenda Item No. 10B March 14, 2006 Page 7 of 29 23. Pay the contractor as provided in the contract(s). Submit billings for reimbursement to NRCS on Form SF-270, Request for Advance or Reimbursement. 24. Administer their action under this agreement in accordance with 7 CFR 3015, 7 CFR 3016, OMB Circulars A-102, A-87, A-133, and other rules referenced in 7-CFR 3015. 25. Comply with the nondiscrimination provisions of the Equal Opportunity clause and the Notice to Contracting Local Organizations of the Requirement for Certifications of Nonsegregated Facilities clause, Form SCS-AS-83, attached hereto as Attachment B. 26. Hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by the Sponsor under this agreement or resulting from the work provided for in this agreement. Retain all records dealing with the award and administration ofcontract(s) for 3 years from the date of the sponsor's submission of the FINAL Request for Reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3-year period, the records are to be retained until the litigation is resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the U.S. Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcripts. Be responsible for all administrative expenses (including but shall not be limited to facilities, clerical expenses), and legal counsel necessary including the fees of such attorney or attorneys deemed necessary by NRCS to resolve any legal matters. - 27. Provide 100 percent of the costs of works of improvement not eligible for federal cost share. 28. Complete all required work under this agreement, including but not limited to construction of works of improvement, final inspection, payment of all contractors, submissions of as-builts and final quantities, etc. C. NRCS WILL: 1. Provide 75 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and computed as described in BA. 2. Provide the value of the Sponsor in-kind technical services not to exceed 7.5 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and computed as described in BA. 3. Assist Sponsor and Sponsor's engineer establish design parameters and approve and concur in same as set forth in Section B.l O. 4. Not be substantially involved with the technical or contractual administration of this agreement, but will provide advice and counsel as needed. 5. Make payment to the Sponsor covering NRCS's share ofthe cost, upon receipt and approval of Fonn SF-270, Request for Advance or Reimbursement, with supporting documentation. - 6. Upon notification of the completion of construction, NRCS shall promptly review the performance of Sponsor to determine if it has met the requirements of this agreement and fund expenditures as agreed. 4 - ._.~ ~....- ----... "..._----~_.- Agenda Item No.1 08 March 14, 2006 Page 8 of 29 7. Designate an individual to serve as liaison between the NRCS and the Sponsor. The major duties, responsibilities and authorities of the liaison will be to review and concur with specifications and drawings for the works of improvement described in Section A, assist in the final inspection of the works of improvement, certify along with the Sponsor's Professional Engineer when all work has been completed according to the specifications and drawings, and review the SF-270 and supporting documents, approve, sign, and submit the SF-270 and supporting documents to NRCS for reimbursement to the Sponsor. 8. Review, comment and concur on draft and final plans, specifications, and QAP as described in Sections B.ll, B.12 and B.l3. D. IT IS MUTUALLY AGREED: I. This agreement shall become null and void 90 calendar days after the date NRCS has executed this agreement if a solicitation for bids has not been publicly advertised or a contract has not been awarded. 2. This agreement shall be effective upon signature by NRCS. All work required under this agreement shall be completed in accordance with B.l. 3. That each party shall review, comment, and concur with the construction plans, specifications, and quality assurance plans as identified in Sections B.ll, B.12 and B.l3 of this agreement. 4. Upon notification from the Sponsor of the completion of construction, NRCS shall promptly review the perfonnance of the Sponsor to determine if the requirements of this agreement have been met. 5. The furnishing of financial and other assistance by NRCS is contingent on the availability offunds appropriated by Congress from which payment may be made and shall not obligate NRCS upon failure of the Congress to appropriate funds. 6. NRCS may terminate this agreement in whole or in part when it is determined by NRCS that the Sponsors have failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the Sponsor in writing of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by NRCS under this termination shall be in accordance with the legal rights and liabilities of NRCS and the Sponsors. 7. This agreement may be temporarily suspended by NRCS ifit determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a termination is pending. 8. Designated Liaisons may make adjustments to and between individual projects cost without amendment so long as the total estimated amount described in A of this agreement is not exceeded. 9. This Agreement may be executed in any number of counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Receipt of a facsimile signature (followed promptly by an original executed counterpart) shall be deemed receipt of an original. 5 Agenda Item No. 10B March 14,2006 Page 9 of 29 --. 10. By signing this agreement the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. I I. Employees ofNRCS shall participate in efforts under this agreement solely as representatives of the NRCS. To this end, they shall not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives ofthe Collier County Board of County Commissioners or any member of the Collier County Board of County Commissioners. They also shall not assist the Collier County Board of County Commissioners or any member the Collier County Board of County Commissioners with efforts to lobby Congress, or to raise money through fundraising efforts. Further, NRCS employees shall report to their immediate supervisor any negotiations with the Collier County Board of County Commissioners, or any member of the Collier County Board of County Commissioners, concerning future employment and shall refrain from participation in efforts regarding such party until approved by the Agency. 12. Employees of the Collier County Board of County Commissioners shall remain its employees while carrying out their duties under this agreement and shall not be considered as Federal employees or agents of the United States for any purpose under this agreement. - .- 6 ,.----.- --- _._._~--~._-..._- ----- Agenda Item No. 108 March 14, 2006 Page 10 of 29 -'... E. APPROVED: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Signatory Official is authorized to make this commitment on behalf of Collier County Title: Board of County Commissioners. Date: (Signature) TIN: (Date) UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Title: Date: Reviewed: Date: -.-., 7 ~"- ___~'.."..'.'_.,<<'._'_. ,,__. ~"""^_"'_"M"<"_~'__"'__"~_~ Agenda item No. 10B March 14, 2006 Page 11 of 29 - A TT ACHMENT A - SPECIAL PROVISIONS I. DRUG-FREE WORKPLACE CERTIFICATION II. CERTIFICATION REGARDING LOBBYING III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS IV. CLEAN AIR AND WATER CERTIFICATION V. ASSURANCES AND COMPLIANCE VI. EXAMINATION OF RECORDS -, ,_. .,._~._._"_._.._-_. -'-'~----_,- -,.."" --.-.,'-- Agenda Item No. 108 March 14, 2006 Page 12 of 29 A TT ACHMENT A - SPECIAL PROVISIONS Sponsor agrees to comply with the following special provisions which are hereby incorporated into this Agreement. I. Drug Free Workolace By signing this Agreement, the Sponsor is providing the certification set out below. If it is later determined that the Sponsor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the Department of Agriculture Natural Resources Conservation Service (hereinafter "Service"), in addition to other remedies available to the Federal Government, may take action under the Drug-Free Workplace Act. Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.c. S 812) and as further defined by regulation (21 C.F.R. SS 1308.11 through 1308.15); Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal and State criminal drug statutes; Criminal drug statute means a Federal or State criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Emolovee means the employee of a Sponsor directly engaged in the performance of work for which the Service is providing funding, including (I) All direct charge employees; (ii) All indirect charge employees, unless their impact or involvement is insignificant to the work performed by the Sponsor; and (iii) Temporary personnel and consultants who are directly engaged in the work performed by the Sponsor and who are on the Sponsor's payroll. This definition does not include workers not on the payroll of the Sponsor (e.g., volunteers, even if used to meet matching requirements; consultants or independent contractors not the Sponsor's payroll, or employees of subrecipients or subcontractors in covered workplaces). CERTIFICATION. A. The Sponsor certifies that it has or will continue provide a drug-fee workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Sponsor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to infonn employees about: (I) The danger of drug abuse in the workplace; (2) The Sponsor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and 1 ..,_._~~,,<" " ,---,," Agenda Item No. 108 March 14, 2006 Page 13 of 29 - (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the Program be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment by the Sponsor, the employee will: (1) Abide by the terms of the statement; and (2) Notify the Sponsor in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the Service in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every Service officer or other designee on whose Sponsor activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notice. Notice shall include the identification number(s) of the Sponsor. (t) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted: .- (I) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) through (t). (h) Agencies shall keep the original of all disclosure reports in the official files of the agency. B. The Sponsor may provide a list of the site(s) for the performance of work done in connection with the Program described in this Agreement. ..- 2 .--...-.-.- -.---------- Agenda item No.1 OB March 14, 2006 Page 14 of 29 II. Certification Regarding Lobbving (7 C.F.R. Q 3018) (Aoolicable if this agreement exceeds $100.000) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, and officer or employee of Congress, or 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. (3) The Sponsor 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] 352, 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. III. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primal)' Covered Transactions, (7 C.F.R. S 3017) (I) The Sponsor certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-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 perfonning a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgeI)', bribeI)', falsification or destruction of awards, making false statements, or receiving stolen property; 3 Agenda Item No. 10B March 14, 2006 Page 15 of 29 - (c) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this cooperative agreement had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the primary Sponsor is unable to certifY to any of the statements of this certification, such prospective participant shall attach an explanation to this Agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. S I 857c-8(c)(I)) or the Federal Water Pollution Control Act (33 U.S.C. S 13 I 9(c)) and is listed by EP A, or is not otherwise exempt.) The Sponsor signatory to this Agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is _, is not _listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this Agreement by the Service, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating any facility which he/she proposes to use for the perfonnance of the agreement under consideration to be listed on the Environmental Protection Agency List of Violating .- Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt subagreement. Clean Air and Water Clause (Applicable only if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.c. S 1857c-8(c)(I)) or the Federal Water Pollution Control Act (33 U.S.c. S 1319(c)) and is listed by EPA, or the agreement is not otherwise exempt.) A. The Sponsor agrees as follows: (I) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.c. S 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.c. S 1251, et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, an all regulations and guidelines issued thereunder before the signing of this Agreement by the Service. (2) That no portion of the work required by this Agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this Agreement was signed by the Service unless and until the EP A - removes the name of such facility or facilities from such listing. 4 -_._- .'.-- ..--.,'- .--'-.-." _.,._.,~----,--_._.-- Agenda Item No.1 OB March 14. 2006 Page 16 of 29 (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities at which the work under this Agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt subagreement, including this subparagraph A. B. The terms used in this clause have the following meanings: (I) The term "Air Act" means the Clean Air Act, as amended (42 U.S.e. ~ 1857 et seq., as amended by Public Law 91-604). (2) The term "Water Act" means the Federal Water Pollution Control Act, as amended (33 U.s.e. ~ 1251 et seq., as amended by Public Law 92-500). (3) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section llO(d) of the Clean Air Act (42 U.S.e. ~ I 857c-5(d)), an approved implementation procedure or plan under section lll(c) or section lll(d), respectively, of the Air Act (42 U.S.C. ~ I 857c-6(c) or (d)), or an approved implementation procedure under section lI2(d) of the Air Act (42 U.S.e. ~ I 857c-7(d)). (4) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.e. ~ 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.e. ~ 1317). (5) The tenn "compliance" means compliance with the clean air or water standards. Compliance shall also mean compliance with the schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or any air or water pollution control issued pursuant thereto. (6) The tenn "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations owned, leased or supervised by a Sponsor, to be utilized in the perfonnance of an agreement or subagreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. V. Assurance and Compliance As a condition of the grant or cooperative agreement, the Sponsor assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set 5 Agenda Item No. 10B March 14, 2006 Page 17 of 29 >- out in 7 C.F.R. !l!l3015, 3016, 3017, 3018, 3019 and 3052, which are hereby incorporated in this Agreement by reference, and such other statutory provisions as are specifically set forth herein. VI. Examination of Records Give the Service or the Comptroller General, through any authorized representative, access to and the right to examine all records, papers, or documents related to this Agreement under the procedures set forth under Section (C)(8) of the Agreement Retain all records related to this Agreement for a period of three years after the completion of the terms of this Agreement in accordance with the applicable OMB Circular. -- 6 ~".._--- . ---~--_.- - Agenda Item No.1 OB March 14, 2006 Page 18 of 29 A TT ACHMENT B - SPECIAL PROVISIONS I. EQUAL OPPORTUNITY (SCS-AS-83) II. EQUAL OPPORTUNITY (FEDERAL ASSISTED CONSTRUCTION) (SCS-AS-83) III. NOTICE TO CONTRACTING LOCAL ORGANIZATION OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES IV. NOTICE TO PROSPECTIVE FEDERALL Y ASSISTED CONSTRUCTION CONTRACTORS V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES VI. CERTIFICATION OF NONSEGREGATED FACILITIES (SCS-AS-818) VII. STANDARD FEDERAL EQUAL EMLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) - ,,~... ...-...--...."..- "'_"N'__.__'_"'~___'_'__~_"__'_ ----- Agenda Item No. 10B March 14,2006 Page 19 of 29 _. ATTACHMENT B - SPECIAL PROVISIONS CONSTRUCTION I. EQUAL OPPORTUNITY The Contracting Local Organization agrees to incorporate, or cause to be incorporated, into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR, Chapter 60, which is paid for, in whole or in part with funds obtained from the Federal Government or borrowed on the credit ofthe Federal Government pursuant to grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following Equal Opportunity (Federally Assisted Construction) clause: II. EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION) During the performance of this contract the Contractor agrees as follows: I. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 'The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff determination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity (Federally Assisted Construction) clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, ] 965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by - the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 1 - --.---.,. -_.."----~.- '.. .__...._-_.~._-,.-._..._.,-_.--- Agenda Item No.1 08 March 14, 2006 Page 20 of 29 6. In the event of the Contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as provided by law. 7. The Contractor will include this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contracting Local Organization further agrees that it will be bound by the above Equal Opportunity (Federally Assisted Construction) clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, however, that if the Contracting Local Organization so participating is a State or local government, the above Equal Opportunity (Federally Assisted Construction) clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Contracting Local Organization agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the Equal Opportunity (Federally Assisted Construction) clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contracting Local Organization further agrees that it will refrain from entering into any contractor contract modification subject to Executive Order No. 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity (Federally Assisted Construction) clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part] 1, Subpart D, of the Executive Order. In addition, the Contracting Local Organization agrees that if it fails or refuses to comply with these undertakings the administering agency may take any or all of the following actions: Cancel, terminate, or 2 Agenda Item No.1 08 March 14,2006 Page 21 of 29 - suspend, in whole or in pan, this grant; refrain from extending any further assistance to the Contracting Local Organization under the program with respect to which its failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contracting Local Organization; and refer the case to the Department of Justice for appropriate legal proceedings. III. NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) A Certification of Nonsegregated Facilities must be submitted by the Contracting Local Organization prior to any agreement for Federal financial assistance where the Contracting Local Organization will itself perform a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) The Contracting Local Organization shall notify prospective federally assisted construction contractors of the Certification of Nonsegregated Facilities required, as follows: IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS (a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the -", provisions of the Equal Opportunity clause. (b) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding ofthis notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. .- 3 .--." -""-- --..------- u_.___<_ Agenda Item No.1 08 March 14, 2006 Page 22 of 29 SCS-AS-8l8 Rev. 4-70 File Code AS-14 VI. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he/she does not maintain or provide for hislher employees any segregated facilities at any of hislher establishments, and that he/she does not permit hislher employees to perform their services at any location, under hislher control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he/she will not maintain or provide for hislher employees any segregated facilities at any ofhislher establishments, and that he/she will not permit his/her employees to perform their services at any location, under hislher control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this section is a violation of the Equal Opportunity Clause in this contract. As used in this caption, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis ofrace, color, religion, or national of because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in hislher files. NOTE - The penalty for making false statements in offers is prescribed in 18 U.S.c. r 001. Contractor: Signature: Title: Date: Agenda Item No. 10B March 14, 2006 Page 23 of 29 _. VII. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) I. As used in these specifications: a. 'Covered area' means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract act Compliance Program, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number' means the Federal Social Security number used on the Employees Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cub Central or South American or other Spanish Culture or origin, regardless ofrace); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of die Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all groups having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$IO,OOO, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which the contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through as association, its affinnative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The' overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractors or Subcontractors failure to -..... take good faith efforts to achieve the Plan goals and timetables. 1 ---.., -.. H"__ Agenda Item No. 10B March 14, 2006 Page 24 of 29 4. The Contractor shall implement the specific affirmative action standards provided in Paragraphs 7.a. through 7.p. of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female tuition that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice of and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement Contracting Officers. The Contractor is expected to make substantially uniform progress toward meeting s goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractors obligations under these specifications, Executive Order I 1246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affinnative actions to ensure equal employment opportunity. The evaluation of the Contractors compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites, and in all at which the Contractors employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractors obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority and female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union 2 Agenda Item No. 10B March 14, 2006 Page 25 of 29 ~..-. hiring hall for referral and was not refer-red back to the Contractor by the union or, ifreferred, not employed by the Contractor, this shall be documented in e file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process had impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities, and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractors employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under Paragraph 7.b. above. f. Disseminate the Contractors EEG policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEG obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc. _ specific review of the policy with all management personnel and with all - minority and female employees at least once a year, and by posing the company EEG policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEG policy and e action obligations under these specifications with all employees having any responsible for hiring, assessment, layoff, termination, or their employment decisions, including specific review of these items with on-site supervisory personnel such as Superintendents, General Fore etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifYing the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contract's EEG policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors EEG policy with other Contractors and Subcontractors with whom the Contractor does or anticipate doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations to schools with minorities and female students and to minority and female recruitment and training organizations-, serving the Contractors recruitment area and employment needs. Not later than one month prior to the date for the acceptance of the applications for apprenticeship or other, training by any recruitment sources, the Contractor shall send written notification, to organizations _. such as the above, describing the openings, screening procedure, and tests to be used in the selection process. Encourage present minority and female employees to 3 m.'._~_. ,~..- -- .- -..- ----- Agenda Item NO.1 OS March 14, 2006 Page 26 of 29 recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractors workforce. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of the Contractors workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classification work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and die Contractors obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to ensure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor adherence to and perfonnance under the Contractors EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in achieving one or more of the affinnative action obligations (Paragraphs 7.a. through 7.p.). The efforts of a contractor association, joint contractor-union, contractor-community, or other share group of which the Contractor is a member and participants may be asserted as g anyone or more of its obligations under Paragraphs 7.a. through 7.p. of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to an obligation shall not be a defense for the Contractor's noncompliance. 4 Agenda Item No. 10B March 14, 2006 Page 27 of 29 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. II. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order I 1246, as amended. 13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easy understandable and retrievable form however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 14. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affinnative action steps, at least as extensive as those standards prescribed in Paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 604.8. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for hiring of local or other area residents (e.g., those under the Public - Works Employment Act of 1977 and the Community Development Block Grant Program). 5 .-<..<,..- ..,-" ---~-~--_....---_."._._--- CROWD E R-G U L FAgend~~~~~ ~~f~~ Disaster Recovery and Debris Management 5535 Business Parkway Office: (800) 992-6207 Theodore, Alabama 36582 Fax: (251) 654-0470 February 27, 2006 Collier County Ms. Margaret Bishop, PE Senior Project Manager 2885 South Horseshoe Drive Naples, Florida 34104 Re: Debris Removal from Canal and Waterways Dear Ms. Bishop: Crowder-Gulf is pleased to offer Collier County the following proposal to remove Hurricane Wilma debris from canals and other waterways in the County. 1. Debris will be removed and disposed of per NRCS specification 400 _ Storm Debris Removal and NRCS proJect agreement No. 19-4209-6-1617 with Collier Coun~y. 2. Crowder-Gulf will begin work within 48 hours of Notice to Pcoceed and have work substantially completed in 60 days. 3. Crowder-Gulf superintendent will work closely with County personnel and their engineering firm to assure work proceeds in an orderly and thorough manner. 4. Debcis will be disposed of at Naples landfill or other county approved landfills. With County appcoval, it may be advantageous to stockpile, grind and recycle vege~ative material. 5. Crowder~Gulf unders~ands there is approximately 40 miles of canals to be cleaned. Our personnel have surveyed a good sampling of canals and offer ~he following price. Lump Sum Price $1,215,000.00 If you have any questions or need more information, please contact me at 251- 402-3677 cell or 251-653-5075 office. Bes"C Regards, ~ John Ramsay President Agenda Item No.1 OB March 14, 2006 Page 29 of 29 - (i))BECK U DISASTER RECOVERY.INc Collier County Cost Estimate for Technical Services Canal and Waterway Debris Removal Hours of Operation Per Day 10 Anticipated Work Days Per Week 7 Average Hours Per Week 70 Total Weeks of Operation (Based on Proposal) 8 Principal $ 160 1 16 $ 2,560 Deputy Project Manager/Ops. Manager 120 1 224 26,880 Data Manager 75 1 40 3,000 Damage Assessment 70 1 40 2.800 Collection Monitor 40 2 560 44,800 Admin Support/ClericallData Entry 35 I 80 $ 2,800.00 Estimated Labor Total $ 82.840 Project Expenses @ 5% $ 4.142 Total Project Cost Estimate $ 86,982.00 Contractor Proposal 1,215,000.00 - Estimated Technical Service Percentage of Total Construction Cost 7.16% - ,-....- ---- Agenda Item No. 10C March 14, 2006 Page 1 of 3 ,.<M_. EXECUTIVE SUMMARY Recommendation to approve selection of Greenhorn & O'Marai Astaldi Construction Corp. for RFP #05-3770, "Design-Build for Immokalee Road from 1- 75 limits of construction right-of-way to CR 951 Collier Boulevard, County Project No. 69101 for $22,365,498.91 OBJECTIVE: To obtain Board approval to enter into a contract with a "Design-Build" consultant and contract team for the six-laning of Immokalee Road from 1-75 to CR 951 (Collier Boulevard). CONSIDERATIONS: With both the east and west ends of this stretch of lmmokalee Road being expanded to six lanes, or in the process, it is necessary to expand this section ofImmokalee Road to six lanes in order to maintain an appropriate level of service. The CR 951 (Collier Boulevard) intersection is also in need of improvement, and predicted traffic growth makes these improvements an even greater priority. A Request for Proposal (RFP) was issued for the purpose of soliciting professional "Design-Build" services proposals for this project that were pre-qualified by the Invitation to QualifY #05-3770. The Board of Collier County Commissioners approved an executive summary on March .~ 8, 2005 requesting approval to proceed with lmmokalee Road capacity improvements with a design-build delivery method. A "Design-Build" process allowed and governed by Florida Statutes and the Consultant Competitive Negotiation Act (CCNA), and in use by The Florida Department of Transportation was followed during the procurement of the committee selected "Design- Build" team. The process started nearly twelve (12) months ago with the issuance of an Invitation to QualifY (ITQ). This was publicly advertised as required. Qualification packages were received from three (3) firms and reviewed by a selection committee comprised of county staff from various divisions. The results of the qualification process were: I. Greenhorn & O'Mara/Astaldi Construction 2. Hole Montes/Phoenix Construction 3. Johnson Engineering/ AP AC Construction A Request for Technical Proposal (RFP) was issued in accordance with Florida Statutes, Section 287.055, Consultant Competitive Negotiation Act, to the three (3) pre-qualified flTms and was publicly advertised on September 15, 2005. Notices were advertised and responses were received from the three (3) pre-qualified firms by the due date of January 17,2006. One major criteria used in the scoring was the requirement that the design-build team's design utilize the existing right-of-way (ROW). The team of Greenhorn & .-' O'MaralAstaldi Construction was the only team to present a design which provided the required six (6) lane roadway entirely inside of the existing ROW. Following review and _.__.~. ~-_.~..- _ .c,."..... .. ""..,.'~'" .,-,-,-..-"-',- Agenda Item No. 10C March 14, 2006 Page 2 of 3 discussion of technical proposals, a consensus of the members of the Selection Committee selected and ranked the top three firms as follows: I. Greenhorn & O'MaralAstaldi Construction 2. Hole Montes/Phoenix Construction 3. Johnson Engineering/APAC Construction Upon completion of the technical scoring ranking process the sealed price proposals were opened publicly. The price proposals are as follows: I. Greenhorn & O'MaralAstaldi Construction, $22,365,498.91 2. Hole Montes/Phoenix Construction, $23,000,000.00 3. Johnson Engineering/APAC Construction, $28,670, 185.00 Adjusted scores were created using both Technical scores and Price proposals. In every phase of the selection process, the team 0 f Greenhorn & 0 'Mara / Astaldi Construction Corp. was ranked number one (1) and also delivered the lowest price. Upon Board approval, staff will enter into contract with the top ranked firm. The top three firms selected are: 1. Greenhorn & O'MaralAstaldi Construction 2. Hole Montes/Phoenix Construction -.. 3. Johnson Engineering/ AP AC Construction Purchasing obtained Board approval on February 28, 2006 to use the new "Design-Build" standard contract. It is the intent of staff to utilize this approved contract for this project. FISCAL IMPACT: The fiscal impact associated with the selection and contract negotiation with the top ranking finn is $22,365,498.91 paid from impact fees. Funds in the amount of$9,1 73,322 are available in the Road Impact Fee District] Fund. A budget amendment is needed to transfer funds in the amount of $1,788,576.91 from unencumbered Impact Fees within the Vanderbilt Beach Road Project (63051), and budget amendments will be needed to transfer funds from Reserves as follows: Road Impact Fee District 1 - $6,498,400; Road Impact Fee District 2 - $4,905,200 and appropriate within the Immokalee Road project (69101). GROWTH MANAGEMENT IMP ACT: Collier County growth and access management guidelines will be followed. RECOMMENDA nON: That the Board of County Commissioners awards a contract under RFP #05-3770 for designlbuild servIces to the team of Greenhorn & O'Mara/Astaldi Construction, and authorize the Chainnan to sign the agreement on behalf of the Board and approve the necessary budget amendments. ,. Prepared By: Michael A. Greene, E.I.T., Project Manager, TE&CM Department AgOlda:tem No 1De: Marcn 14.2006 Png83013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10C -- nllS iTa'" ta be lleard II' 1(HlG (!.Ill. RIHOl-'mmendatiuTl lO appr(l\'e Ulntl'''GI for RFP 1I05<117ti, It.mSumm.ry: -!)s~lgJl.Bwld" ~8f'"r.~~ f"f r..apll(;ity Iml'rov"rnents to InllY,okal...<t Rem() fr"m imme\1iately ~a~t of i-75 10 2,oori fI~5t nj CR !'l51 C"II.er Bnl)l~vard. CmJ~ty Pro;",,;! Nr,J 119101. (Norman F~del",Adm,(Jistratm. Tr;:",spD;iationSwvico:.s) M.etlngDat.: 3!14l20069OO'()OAM PrepllredBy M;Cha&IGreene P,ojectManagltr Oat.. lranftllllrtall'", Sorv;en~ TranApmt~tI(lnEng;"",,';"g& 31f,12G0611:57:52AM C(lMtructJO~M8""geme"t Approved By Mi<:h3..IGn'!"'~" Project Manall'" Data Tran"portatlonS"rv;ce" l"'''~i>"rt.~tif.>n Enoi~Hrinll &. 310i2COb11:55 AM Con!llr"O.r>n M~n~o"m"nt Approved By Gary Puta""~"u S"";,,rP'"i<!ctM''n:lII''' P"t.. lr"nspc'I"lionEng;M"dnll""d 3IfiI211flfi12,nPM Transportalion S"rv;<:e~ Con,.tr"clion Approved By Shar"nN"wman Accounting$up,,"';so' Om. Tran,."ortalionS"rvlce$ TrM~pOrll'llionService"Adm;" J11l1200fi4'40PM Approved By No,mE.Feo""AICP T,..nsp<"13tlonD.~i..;<mAdmini$lrRtor ".. r,anaportatl"nServltea TransporlallonServicMAdmln )1~1200t 4:45 PM Approved By B"'nd~ Brill,,,!'t Purcha.ingA!,,,nt D.,tc Aorno"ir.lmt'~eS,,'vie"" f'u'cha..l~lI 3i7!2flU61f1:5BAM Approved B)' .- s,"....,C;..nelt puml".s;ngiG"""F'aISvCsOI"":lm Pate Adm;n;sl",tiv.>SNvi<:... P",.,:h""ong 3i"mOOO2,SOPM Approved H)' NaiehAhmad P""cIQ, Oa[e TrunsnorwlionServ,c,'" T'3('SOorl~lion tngln''''';''!il & C(',,,,t,,,cti,,,'III;"'''lw,,,,.nt 3'71200fJ4,27PlV Approved B)' Pat Lehnl,ard bccutiw,Seer"tary O.le Tr;",,,,,ortation 5erv;ce~ Tr"~~por["lit"\ Se,,,ice~ Admin 3~712006 ';32 PM ApprowdHy M;cha~1 ~"'Y''''W$~j Ma"agemenl & Bu<lgel O;'o~IO' Dal~ County M"n~j)~"~ Offlc~ Oll\t'~ of M,,~a9~ment 1>. BlJ<i,,~1 JI7,'200;5,,;j PM Approved By ""me'V.Muoid C",,,,tyMon"'le' ">oJ" Boa,dof C',wnty C"m""!>;;i,,,,'"'' Co""ty M"nauor's Oll,,:~ ')'7,'2ClJf,7;3"?M .- -"..__._._.~-.,-- .--.---., -_._--~ Agenda Item No. 10D March 14, 2006 Page 1 of 3 -, EXECUTIVES~RY Recommendation to approve the associated expenses not to exceed $5,000 while Collier County hosts the Southwest Florida Consortium Legislative Day in Tallahassee on March 23, 2006 which includes providing breakfast and lunch to County Commissioners and staff of participating counties and municipalities. OBJECTIVE: To approve the associated expenses not to exceed $5,000 while Collier County hosts the Southwest Florida Consortium Legislative Day in Tallahassee on March 23, 2006 that includes providing breakfast and lunch to County Commissioners and staff of participating counties and municipalities. CONSIDERATION: The Southwest Florida Legislative Consortium was formed several years ago with the intent of unifying our efforts and strengthening our representation in Tallahassee on issues of importance to our regional constituencies. The members include Collier, Lee, Charlotte, Sarasota, Hendry and Glades counties and their municipalities. - For the past several years the Southwest Florida Consortium members have traveled to Tallahassee at the beginning of the Legislative Session to meet with state legislators to present the Consortium's 2006 State Legislative Priorities. Each year, a county takes a turn serving as host and Collier County is the host of the 2006 Legislative Day, which includes a breakfast on March 23 at 7:30 a.m. in Room 333 at The Capitol featuring guest speaker Department of Community Affairs Secretary Thaddeus Cohen, and additional guest speakers Sen. Burt Saunders, Rep. J. Dudley Goodlette and Rep. Mike Davis. Senate President Tom Lee and Speaker of the House Allan Sense have also been invited. The early start is intended to allow the legislators adequate time to join Consortium members as they will also be en route to Session. Communicating and interacting with more legislators increases our area's chances for legislative success. The breakfast will require the services of a caterer who will bring food to a designated dining area. The legislative meetings will be scheduled from 9 a.m. to 12 p.m. and I to 4 p.m. Collier County will also be hosting a lunch at an off-site restaurant for participating County Commissioners and staff. This gives Consortium members an opportunity for sharing experiences and lessons learned during their morning legislative meetings. The unconfirmed number of participants for both events is about 60 persons. As of this writing, the total cost of both events had not been finalized. ~. ~ ". .'''''..F....''"'.".;'>','' -_.._.,--~- - Agenda Item NO.1 00 March 14, 2006 Page 2 of 3 Consortium members will be advocating the following list of priorities, which the Board previously approved on November 1, 2005: Southwest Florida Consortium's 2006 Leeislative Priorities: Prioritize . Oppose portability of homestead exemptions . Support extending FRS "Drop" Program for existing participants an additional 5 years . Support gas tax indexing . Support mandatory statewide seat belt law to increase federal transportation fnnding . Support additional funding for red tide/red drift algae research Monitor . Growth Management Glitch Bill (SB 360) . Impact Fee Reform . Any Eminent Domain Legislation FISCAL IMPACT: There is a fiscal impact not to exceed $5,000 associated with -",-- Collier County hosting the Southwest Florida Consortium's 2006 Legislative Day on March 23 in Tallahassee. Those funds will be sourced in the County Manager's Board- Related Costs budget (General Fund). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners approves the associated expenditures not to exceed $5,000 of Collier County hosting the Southwest Florida Consortium Legislative Day in Tallahassee on March 23, 2006, which includes providing a breakfast and lunch for County Commissioners and staff of the participating counties and municipalities. Prepared by Debbie Wight, Assistant to the County Manager - Agenda !t81Tl No. 10D March 14. 2006 Pag83013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: "D - Rec'l'nrn"ntJlJlion to Hpprovatil" aH~{)Clal",d iI'plHlSilS "'" 10 !<x(;a"d S5.0(){) wilil.. C,,lliat Item Summary: Counl,. hmlts lh'J S<;luthwe~l Florida C(ln~ortium l.flgisl~l'~e 011" m T;,lklh"5~<le!,ln March n 20m~ which inUl"jM prnVl(j;ng breaklllsl ~nd lunch to CmJnly Comm,ssit>ners and staff 01 narticipotmg COlln!'es""dmunicir.,alit,es (Dobb;<)W;ght. AssistonltcthoCcuntyt"lanag.,r) M..tlngDlte: 1!14.'2()()5\lOOOOAM ApprondBy JamB8V,Mudd C,,"nlyMana\l~t D3t~ B"~rcl"fCo,mty Commi9~ion." C()""IyMana\lN'aOffir.e 3;1.'2(1066:21 PM - -- ,"-',--- --.-. ...~'.._,-.'- Agenda Item No.1 OE March 14, 2006 Page 1 of 20 --, EXECUTIVE SUMMARY Recommendation to Adopt FY 07 Budget Policy OBJECTIVE: That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2007. CONSIDERATIONS: In order for staff to begin preparation of the FY 2007 budget, direction is needed from the Board of County Commissioners on major policy issues. Attached to this Executive Summary is a listing of pertinent policy issues that will affect preparation of the i FY 2007 budget. The purpose of today's discussion is for the Board to reach consensus on the policies . upon which the budget will be based. The County Manager met with the Productivity Committee to share the proposed FY 07 policies prior to this Board presentation. The Executive Summary is broken down into three distinct elements. The first element (pp. 2-6) consists of budget policies proposed in FY 07 that require policy direction from the Board. The second element (pp. 7-10) consists of standard budget policies that the Board has endorsed for a number of fiscal years. The third element consists ofa three-year analysis of the General Fund (00l) and the Unincorporated Area General Fund MSTD (111). ~ The Board needs to establish June budget workshop dates. Tentative dates are Thursday, June 22, 2006 (Board Agency) and Friday, June 23, 2006 (Constitutional Officers) with meeting times scheduled from 9:00 a.m. to 5:00 p.m. As a contingency, the Board meeting room is also reserved on Monday, June 26, 2006 for any wrap-up items, if required. For informational purposes, adoption of the proposed millage rates is scheduled for Tuesday, July 25, 2006. The Board is required by Florida Statutes to provide the Property Appraiser with the proposed millage rates by August 4, 2006 in order to prepare the Notice of Proposed Taxes. Finally, the Board needs to establish September public hearing dates for the adoption of the FY 07 budget. The School Board has selected September 14, 2006 for their final budget hearing. Recommended dates for the Collier County budget public hearings are September 7, 2006 (Thursday) and September 21, 2006 (Thursday), The Boardroom is reserved for these dates. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. FISCAL IMPACT: The adopted policies will serve as the framework for the development of all budget and ad valorem taxation issues for fiscal year 2007. RECOMMENDATIONS: That the Board of County Commissioners adopts budget policies as detailed in the attachments to this Executive Summary, establishes June budget workshop dates and September public hearing dates. --- Prepared by: Michael Smykowski, OMB Director ----~.- .,.----.'. . ,'_...~.._.F..'__.~. .~""~_...., , - --"'-.-.---.". Agenda Item No. 10[. March 1.1, 2006 f'-'age20120 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10E Item Summary: That the Board crl Cmmty C()rnmi"~ll"lA'1' edopls budget poli~ies as df)t~iled in the at.!;lchrnr,nls If' ltlis EXih'u\iw Summary, ,,"tahlish"s ,I"ne hu<\gel w'.\r~"h"p dllte~ end :"ep'eml1er Imbli<- heMing d~t"'s (M.kp. Snly~r,w5ki D,,~c'()(. O!k,e (11 M!ln21gemeni and Budget) M..UngDate: 311M2,'i(Jb900GOAM Prepared By Michu" Smy~ows~; Manag"ment&B(ldgerDirl!clcr ,.~ CC(lnlY Mllnnger'$ Office OffiM 01 Managemenl & BUdll"t 2IlJf2(>OG3.-SeA2PM Approved By OMBCoordll1a!<>. AcimjllialraliveAs..;~l"nl 0.. Cllunty Manager'a Offica Off;c"oIM~n~g"ment&audg&t 316121111612'04PM Appr&vcd By Michael SmY~(>Wl\ki MaMgement& 8udgetDirecto. Dale CO<lntyMarll.g",'50ffice OffieeofManagem"ol&f1udgC't 3IBI2(>(>!l12,1l7PM ApprondBy Jnme5V.Mu<ld C(>"ntyManage' P~te B<lartlnfC"unty Cllunty Manage"'" Office Com,nia"imH<r5 318;200612:16PM .- - .-,..-- ". .... Agenda Item NO.1 OE March 14, 2006 FY 07 Budget Policies Page 3 of 20 General Fund Millae:e Rate In FY 07, General Fund ad valorem tax revenue will be capped at a maximum increase of 16%. Any increase above 16% in taxable value will result in a millage rate reduction. While there has been a cooling in the local real estate market, the taxable value for FY 07 will be based on market activity during calendar year 2005, which was the height of the local real estate market. See table below for estimated millage rate reductions at various levels of increase in taxable value. Increase in Millage Millage Rate Savings per $100,000 Fiscal Year Taxable Valne Rate Reduction Taxable Valne FY06 nla 3.8772 0.0000 $0.00 FY07 16%~ inc. 3.8772 0.0000 $0.00 FY07 17l}1o iDe 3.8441 0.0331 ($3.31) FY07 18-;. iDe 3.8115 0.0657 ($6.57) FY07 190/0 iDe 3.7795 0.0977 ($9.77) FY07 20 % iDe 3.7480 0.1292 ($12.92) General Fund Bude:et Allocations 0 That the Board continues the budget policy limiting General Fund agency budget appropriations to no more than their respective percentages in the adopted FY 04 budget with a maximum Agency budget increase of 12%. This will provide the Board with some discretionary funding (tax revenue between 12% and 16% increase in taxable value) to address special needs, the portion of the Caribbean Gardens purchase above $40 million. or unfunded mandates from the state or federal governments. The percentages allocations are noted below in the following table: 0/0 of FY04 Aaency Budaet BCC/Co Att. 1.5% County Manager 27.3% Courts/Reiated 2.3% Airport Authority 0.3% Road Program Subsidy 5.2% DebVCapilal Subsidy 6.0% Reserves 7.7% Clerk of Courts' 3.4% SherlW' 39.6% Property Appraiser 2.1% Tax Collector 3.8% Supervisor of Elections 0.9% Total 100.0% .Clerk adjusted for Article V is 2.2%. .. Sberiff allocation includes $1. 7 million deht service for the Special Operations facility. . "'''_"_~_''''~'M'~' ~ ,., "_".'_"~~/,._h'_"__""_~'_~._"'''"_e Agenda Item No.1 OE March 14, 2006 Page 4 of 20 - MSTD General Fund MiIla!!e Tar!!ets The Board has previously committed to a "millage neutral" unincorporated Area General Fund budget. The Unincorporated area General Fund provides funding for the median landscaping program and roadway resurfacing program. Recommendation: (1) Develop a millage neutral" MSTD General Fund budget for FY 07. Limitations on Expanded Positions to Maximize Orl!anizational Efficiencies To maximize organizational efficiencies, a limitation of no more than 25 net new positions in the County Manager's Agency will be implemented in FY 07. This recognizes the fact that in service organizations such as local governments, the primary expense is for salaries and associated fringe benefits and will continue to force economies within the County Manager's Agency through more effective use of existing resources. The Productivity Committee also recommended that any department with expanded positions submit an organization chart, so that a concurrent review may be made of spans of control and attendant cost of management. The Productivity Committee will conduct that review. Limitations on Current Service Discretionarv Operatinl! Expenses The County Manager recommends limiting current service discretionary operating expense increases - to CPI, 4.7% or less. This will economize and provide the means to support the General Fund transportation program requirements. FY 06 adopted operating expenses budgets will be adjusted to reflect one-time expenses. Exceptions would include fixed cost increases such as allocated insurance, indirect service charge payments (revenue to the General Fund), fuel, and utility expenses. Health Care Pro!!ram Cost Sharin!! Collier County provides a self-funded Group Benefits Plan for health care and prescription drug coverage. Coverage under the Plan extends to all County employees, with the exception of the Sheriff s Office, which provides its own self-funded plan. Nationally, as well as here in Florida, medical plan costs, and the premium dollars required to fund them, continue to increase annually at double-{jigit levels. The County's medical plan is similarly impacted by these rising costs. However, management and employees continue to work together to hold down the impact of future increases by restructuring benefit levels and initiating further cost shifting measures. In addition, staff continues to negotiate with providers for discounted physician and hospital fees and promote corporate wellness and preventive health care initiatives. Recommendation: In FY 07 the average cost distribution between the Board of County Commissioners and employees will remain 80% (employer) and 20% (employee). It is still recommended that the 80% emolover share and 20% emolovee share be uniform across all - agencies, inclusive of the Constitutional Officers. This policy treats all county employees equally in terms of cost sharing for health insurance premiums. ----. ...~._.. ~--~-- Agenda Item No.1 OE Compensation Administration March 14, 2006 Page 5 of 20 The philosophy of Collier County Government is to provide a market-based compensation program that meets the following goals: 1. Facilitates the hiring and retention of the most knowledgeable, skilled and experienced employees available. 2. Supports continuous training, professional development and enhanced career mobility. 3. Recognizes and rewards individual and team achievement. In order to achieve these objectives, a series of changes to the compensation system were implemented in FY 04. These changes are still in place today. (See list below.) 1. Recognized that motivational factors and expectations vary for employees at different levels in the pay structure and established distinct pay plans that target appropriate reward mechanisms for each level. 2. Adjusted salary ranges as needed, especially for hourly employees, to more closely match the appropriate market for each plan. 3. Slowed the growth of executive level base salaries by changing the way performance awards are paid, (i.e. awarded as one-time lump-sum bonuses rather than incremental increases to base pay). Recommendation: Budget 6.45% of budgeted Regular Salaries in FY 07 for compensation administration and future fiscal years as delineated below: Program Component FY05 FY06 FY07 Future Fiscal I Years I Cost of Livinl! * 2.10% 3.90% 4.70% Varies annuallv Awards Prol!l"am 1.50% 1.50% 1.50% 1.50% Pay Plan Maintenance 0.25% 0.25% 0.25% 0.25% Total 3.85% 5.65% 6.45% *Note: Cost ofliving adjustments are based on the December Miami-Ft. Lauderdale SMSA (all urban consumers) . "^.",_._.__~,..o>.~__. ~.".. Agenda Item No. 10E March 14, 2006 Page 6 of 20 - Stormwater Manal!ement Canital Fundinl!: The Board previously adopted a policy with funding equivalent to 0.1500 mills annually. The purpose of this dedicated funding source is to address long-standing capital project needs in the Stormwater program area, as well as to identify to grantor agencies that Collier County has a dedicated funding source to provide local matching requirements to available grants. Recommendation: Provide dedicated General Fund dollars to Stormwater Management capital projects with funding set at 0.1500 mills annually. Assuming a 16% increase in General Fund taxable value, this would provide funding of $10,690,877 in FY 07. Schedulinl!: Issues Decisions Re uired Staff Recommended Date s June Budget Workshops (Board Agency/Courts) Thursday, June 22, 2006 (Constitutional Officers) Friday, June 23, 2006 Wrap-up (as needed) Monday June 26, 2006 Notes: The School Board has first priority in establishing public hearing dates. The School Board's - fmal budget hearing is scheduled for September 14,2006. The Commission chambers are reserved for the tentative dates for Collier County Government budget public hearings. On November 29, 2005 the Board already approved Resolution 05-411 requiring the Clerk, Sheriff, and Elections budgets to be submitted by May I, 2006. Comnarative Budl!et Data Provide Comparative Budget Data using FY 06 adopted budget data (cost and employees per capita based on unincorporated area population) by Agency with Budget Submittals for Similar Sized Florida Counties. Recommended counties for comparison purposes include: . Sarasota County . Lee County . Charlotte County . Marion County . Manatee County - ,-....,,-.--- - -- Agenda Item NO.1 OE March 14, 2006 Page 7 of 20 Reserves . A reserve for contingency is typically budgeted in all operating funds, with the exception of the Constitutional Officer funds. Reserves for the Constitutional Officer funds shall be appropriated within the County General Fund. The reserve for contingencies in the General Fund will be 2.5%. Accrued SaIarv Savinl!s . The limitation on expanded positions, coupled with the full budgeted amounts for health insurance and worker's compensation being transferred to the self-insurance funds, impacts the amount of accrued salary savings due to position vacancies. FY 04 experience reflected 2.3% salary savings across major operating funds. The actual attrition in the County Manager's Agency in FY 05 amounted to 3.5%. The market for new employees is highly competitive and is complicated by the County's relatively high cost of housing. As attracting new employees at entry level salaries is increasingly difficult, staff is still recommending using a 2% accrued salary savings factor in developing the FY 07 budget. . The Productivity Committee also recommended a review of attrition during the budget workshop. During a recent Productivity Committee meeting, the County Manager and the Sheriffs Finance Director estimated an 8 or 9% vacancy rate. Ifthat experience holds true when the budgets are reviewed in June, there would be substantial savings in all budget submissions that could be reallocated at BCC discretion. Attestinl! to Recommended Fundinl! Levels . The Productivity Committee also recommended (County Manager concurred with the recommendation) adding the following additional requirement to the budget process: "At the first September budget hearing, each constitutional officer and the county manager will certifY that his/her budget is still an accurate representation (in all material aspects) of intended expenditures for FY07." Material aspects should include, the number of funded personnel (and whether they can be realistically hired during the year), pay raise increase, additional new/expanded programs not previously identified, etc. This is an important requirement because budget development starts as early as February, with agency budgets submitted in May, the budget workshop in June and final approval in September. During that time, conditions can change as well as plans for actual expenditures in the new fiscal year. Overtime Limitations A policy to limit overtime budgets is again recommended for FY 07. The proposed policy limits budgeted overtime to no more than the product of 2.00 multiplied by the 2% attrition amount. Example - $1,000,000 budgeted Regular Salaries; 2% attrition ($1,000,000 times 2%) = $20,000; Maximum allowable overtime ($20,000 times 2.00) = $40,000. .-_."--..~--~. Agenda Item No. 10E March 14, 2006 Existing Budget Policies for FY 07 Page 8 of 20 -. Budget Policies Affecting Operating Budgets Financial Manal!ement/FinanciaI Bude:et Develonment . OMB staff will prepare annually a three-year projection of General Fund and MSTD General Fund revenues and expenditures to improve financial planning and to understand the long- term impact of funding decisions made in FY 07. Grant Funded positions . Any positions formerly funded with grant funds being recommended for inclusion in a general (non-grant funded) operating budget shall be treated as expanded service requests. Self-Insurance . To conduct an actuarial study of the self-insured Workers' Compensation, Property and Casualty, and Group Health Insurance programs, Program funding to be based upon a confidence interval of75%, with the exception of group health to which a confidence interval is not applicable. ~ Proposed Uses of Gas Taxes . Based on the Board's policy decisions relative to the Annual Update and Inventory Report (AUlR) regarding Transportation, all available gas tax revenue will be used to support the Roads Construction Capital Improvement Program. Reserves . The General Fund reserve for cash flow is $8,000,000. In the MSTD General Fund, the recommended reserve for cash flow is $250,000. Contract Ae:encv Fundinl! . The Board of County Commissioners will not fund any non-mandated social service agencies. -'~ ~--_...__.- --.---..---." Agenda Item No. 10E External Operatine: and Capital Project Fundine: Reauests March 14, 2006 Page 9 of 20 . External operating and capital budget requests should only be considered within the framework of the budget process. Requests for funding received outside the boundaries of the budget process shall be considered in the subsequent year's budget cycle. Median Maintenance . Recognizing Unincorporated Area General Fund MSTD (111) as the appropriate, dedicated funding source for median beautification maintenance costs. Revenue Policies Carryforward . All funds that are unexpended and unencumbered at the end of the fiscal year will be appropriated as carryforward revenue in the following year. . In the event that sufficient cash is not available to meet General Fund operating needs, staff will make arrangements to borrow against pooled cash. . General Fund balance is required to meet operating needs for October and November of a given fiscal year, prior to the receipt of any significant ad valorem tax revenue (ad valorem taxes represent 67.3 % of the total FY 06 General Fund adopted revenues). Fund balance is also an important measure used by bond rating agencies in determining the County's credit worthiness. Staff from Moody's Investors Service was contacted previously to determine an appropriate level of carry forward revenue. Specific concerns for Florida communities were reliance on the tourism industry and sales tax revenue, and the ongoing threat from hurricanes and wildfires. For Florida coastal communities, a minimum carry forward balance of 10% of total General Fund expenditures was recommended. It was noted that bond ratings would improve as this percentage increased. Recommendation: The recommended level of fund balance in the General Fund should be a minimum of 10% of actual general fund expenditures, with a maximum fund balance level of 15%. If fund balance exceeds the 15% level, the surplus above the 15% level should be used to fund non-recurring costs, as fund balance is a non-recurring revenue source. Maximization of Impact Fees . Collier County will assess the maximum impact fees allowed by law, as supported by impact fee studies. Indirect Cost Allocation Plan . The policy of charging enterprise and special revenue funds for support services provided by General Fund departments will be used again in FY 07. The basis of these charges is a detailed indirect cost allocation plan prepared by a consultant. -~."-~~,,"~~-~-~-,.._. ... '"_..- . .... ".....,__^."O,~.._...~__~~~...^ Agenda Item NO.1 OE Enterprise Fund Payment in Lieu of Taxes March 14, 2006 Page 10 of 20 -.. . The Solid Waste Fund and the Collier County Water-Sewer District will contribute a payment in lieu of taxes to the General Fund equal to the prior year General Fund millage rate multiplied by the prior year gross value of property, plant, and equipment. Debt Administration Policies Debt Service . Any capital projects financed by borrowing money shall limit the repayment period to the useful life of the asset. Interim Financinl! . Collier County may also borrow funds on an interim basis to fund capital projects. In these cases a repayment source shall be identified and the financing source that has the lowest total cost shall be employed. . The net present value savings generated by a proposed refinancing shall be a minimum of 5%. As a general rule, savings generated by refinancing shall be utilized to reduce future debt service payments. ..- Budget Policies Affecting Capital Projects Ad Valorem Capital Fundinl! . Continuation of a fixed General Fund millage dedicated to capital projects. The recommended rate is .3333 mills. This provides some built-in protection against loss of purchasing power due to construction inflation. During the period from FY 91 to FY 98, the General Fund capital allocation was 1.0000 mills annually. In comparison to these prior fiscal years, this capital allocation is under funded. Capital Improvement Prol!ram (CIP) Policies . On an annual basis, the County shall prepare and adopt a five-year Capital improvement Element (CIE) consistent with the requirements of the Growth Management Plan. The annual budget will include sufficient appropriations to fund capital projects identified in the first year of the CIE. . Capital projects attributable to growth will be funded, to the extent possible, by impact fees. . Capital projects identified in the five-year CIE will be given priority for funding. The five- year plan for water and wastewater CIE projects will be based on projects included in the adopted master plans. - . Non-CIE capital projects funded by General Fund ad valorem taxes will be reviewed annually on a case-by-case basis. "--~ Agenda Item NO.1 OE March 14, 2006 . The respective departments during the budget process will identify annual operating e~es of 20 associated with capital projects. . Unlike operating budgets that are administered at the appropriation unit level, capital project budgets will continue to be administered on a total project budget basis. The minimum threshold for projects budgeted in capital funds is $25,000. -- -- Agenda Item No. 10E March 14, 2006 Page 12 of 20 - Three-Year Budget Projections Ad Valorem Tax Funds (FY 07 - FY 09) The following 3-year budget projections are for the General Fund (00l) and the MSTD General Fund (111). General Fund (OOll Millal!e Historv As a point of reference, the following graph plots the historical General Fund millage rate, as well as the projected millage rates from FY 07 through FY 09, based on the assumptions in this analysis. General Fund Millage History FY 96 . FY 09 (Budget Policy) 4.7 4.5 4.3 3.8778 4.1 3.8382 3.8772 3.8772 3.8772 3.9 3.72413.6813 - - 3.7 3.5510 3.5058 3.5028 Millage 3.4889 3.5 3.3 3.1 2.9 2.7 2.5 96 97 98 99 00 01 02 03 04 05 06 07 08 09 Fiscal Year Millal!e Rates Based on the assumptions used in this analysis, the FY 07 General Fund proj ected millage rate is as follows: Net Inc. (Dec.) per FY 06 Adopted FY 07 Projected $100,000 Fund Millal!e Rates Millal!e Rates Taxable Value --- General Fund 3.8772 3.8778 $0.06 -- ,_.._-~- ---,-~-- Agenda Item No.1 OE March 14, 2006 Page 13 of 20 Projected millage Tate assumes a 16% increase in taxable value in FY 07. The Property Appraiser will provide preliminary taxable value estimates on June 1,2006. Actual and assumed incTeases in County taxable values weTe as follows: Historical Increases in Collier County Taxable Value (FY 94 - FY 09) 24.00% l 21.50% j 19.9'10 19.00% l 20.5'10 18.3'10 16.50% l 14.00% ~ 11.50% 9.00% - 6.1% -6.7% -7.8% 6 50% j 5.3% - 4.5% 4.00% j 1.50% -1.00% FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY , 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 I ---.J FY 07 Expense Assumotions . All services provided currently will be funded in FY 07. . Allocation for compensation administration - 6.45%. . Retirement rates based on adopted legislative bill. . 2% attrition rate was assumed in the County Manager's Agency. . 4.7% increase in budgeted operating expenses/capital outlay. . Capital projects funding equals 0.3333 mills annually. ($23.8M in FY 07). . Stormwater capital funding equivalent to 0.1500 mills ($10. 7M in FY 07) . Sheriff Impacts- $12,198,433 plus inflation . Sheriffs Deputies formerly grant funded - $813,900. . Bailiffs - $246,800. . Building F Security- $] 18.200. . Retirement Rate Increase -- $1,500,000. . Estates Substation staffing- $1,234,000. . Youth Relations Deputies (new schools) - $ 473,000. . Annualized impact ofFY 06 phase-in- $654,800. . Annualized cost of 8% market adj. - $7,157,733. . General Fund support of road construction - $24,000,000 . Annualized cost of North Naples Regional Park - $1,081,500. . Manatee Park, Immokalee Airport Park, Sugden - $270,000. . Increase in payment to Naples eRA - $200,000. . Increase in allocated insurance - $764,400. . Increased General Fund support of EMS - $2,122,475. --.^,., ,.. <.._-_.>---~,,--~...<-_.~,,~-_..... ..-',-..- Agenda Item No.1 OE March 14, 2006 Page 14 of 20 -- Revenue Assumptions . Ad valorem tax revenue forecast is 96.65% of actual taxes levied. . Sales tax revenue increased 4.5% annually. . State Revenue Sharing increases 3.5% annually. . Constitutional Officer turn backs were based on an average of historical receipts. . No gas taxes allocated to roadway maintenance. Other Funds/Factors Impactinl! the General Fund Individual analyses of the Road and Bridge Fund, and the EMS Fund, and the road construction program were undertaken to determine the relative impact on the General Fund. Road and Bridl!e Fund Gas taxes are now used exclusively for road construction, resulting in a General Fund subsidy of road maintenance programs. Road maintenance operations will be increasingly supported by sales tax revenue previously available in the General Fund. In FY 98, 100% of available gas tax revenue was allocated to road construction. As such, the required General Fund support of road maintenance activities was $5.9 million. During the period from FY 99 through FY 01, the required General Fund support was minimized, as the Board allocated $1,000,000 in FY 99, $2,000,000 in FY 00, and $3,000,000 in FY 01 in gas taxes -- for road maintenance. Roadway maintenance is an appropriate use of gas tax revenue. However, it is also recognized that a major road construction campaign is underway with limited available revenues. As gas taxes are the revenue pledged to support transportation bonds, no gas taxes will be allocated to roadway maintenance in FY 07. The historical and projected General Fund support required is as follows: Sales Tax Required for Road and Bridge FY98.FY09 19,792 20000 18000 16000 15113 OJ 14000 13,841 ~ 11,855 ~ 12000 ~ " 10000 .. .... .. 8000 . ;;; VJ 6000 4000 2000 .--- 0 98 99 00 01 02 03 04 05 06 07 08 09 Fiscal Year -----..- 0-_'-_. Agenda Item No.1 OE March 14, 2006 Page 15 of 20 EMS Fund EMS is another fund that impacts significantly on the General Fund. The analysis assumes 4 additional EMS units in FY 07, 2 additional units in FY 08, and I additional unit in FY 09. Historical and projected General Fund support of EMS operations by fiscal year is as follows: General Fund Support of EMS FY 98 . FY 08 16000 13,954 14000 1:: 0 12000 Q. Q. :s U) (jj 10000 " c: c .2 8000 "= IL- _:Ii! ..- 6000 ~ .. c: 4000 .. Cl 2000 0 98 99 00 01 02 03 04 05 06 07 08 09 Fiscal Year This analysis assumes a 4% annual increase in EMS ambulance fee rates recognizing the inflationary impact of providing this service. Annual rate increases are recommended in recognition ofthe inflationary cost of providing this service. Road Construction Prol!ram The Board approved road financing plan hinges on using growth in taxable value and maintaining the General Fund millage rate to provide growth dollars to meet the road funding commitments. In the adopted FY 03 budget, there was a $5,900,000 General Fund transfer to the road construction program. General Fund support of the road construction program in FY 04 amounted to $13,699,300 and the FY 05 level of support was $20,298,800. FY 06 support of$38,790,900 included using the $14,066,800 General Fund reserve for road construction. Based on the Board approved AUlR, the road-financing plan assWTIes the following General Fund support: $24,000,000 in FY 07 and annually thereafter. This commitment is depicted in the following graph. ""'"'--~,-,-,,_. ....---,....,~_."-"'>--",.._._~._...,._._~---~,- Agenda Item No. 10E 14,2006 General Fund Support of Road Construction Pa 16 of 20 _. FY03.FY09 40000 35000 " 30000 0 Q. Q. ~ ., 'W 25000 'g.2 ~- ~ i 20000 e- ! 15000 . " 10000 5000 0 03 04 05 06 07 08 09 Fiscal Year FY08 The projected General Fund millage rate is 3.8213 or $382.13 per $100,000 of taxable value. This .- represents a decrease of $2.34 per $100,000 of taxable value from the projected FY 07leveJ. In addition to annual inflationary cost increases, the following items were included in the FY 08 budget analysis: . Sheriff Impacts- $1,644,800 plus inflation . Sheriff's Deputies formerly grant funded - $174,300. . Estates Substation staffing $ 1,234,000. . Youth Relations Deputy (new school)- $236,500. . Capital projects funding equals 0.3333 mills annually. ($25.7M in FY 08). . Stormwater capital projects funding equivalent to 0.1500 mills annually. ($11.5M in FY 08). . Increased General Fund support of EMS - $1,409,830. . South Regional Library - $1,145,000. . Golden Gate Library - $604,300. . Increased General Fund support of Road & Bridge - $1,616.500. . Payment to Naples CRA - $200,000. . Allocated insurance - $400,000. . Operational impacts of new facilities - $692.000. -- - --..---" _~._..__._._.___m _ ___ Agenda Item No.1 OE FY09 March 14, 2006 Page 17 of 20 The projected General Fund millage rate is 3.7965 or $379.65 per $100,000 of taxable value. This represents a decrease of $2.49 from the FY 08 projected level per $100,000 of taxable value. In addition to the inflationary costs of existing services, the following items were included in the FY 09 budget analysis: . Sheriff Impacts - $1,470,500 plus inflation . Estates Substation staffing- $ 1,234,000. · Youth Relations Deputy (new school) - $ 236,500. . Capital projects funding equals 0.3333 mills annually. ($29.4M in FY 09). . Stormwater capital projects funding equivalent to 0.1500 mills annually. ($13.2M in FY 09). . Increased General Fund support of EMS - $1,182,325. . Increased General Fund support of Road & Bridge - $900,600. . Allocated insurance - $400,000. . Payment to Naples CRA - $200,000. Summary and Implications The tax increases required in this model are based on the specific revenue and expenses assumptions outlined in each scenario and not on specific FY 07 budget requests. The proposed expanded services in the County Manager's Agency are associated with new facilities coming on-line. The analysis assumes that interest earnings generated in impact fee funds will be credited to the General Fund, as has been the practice for the last several years. However, there is proposed legislation that would require interest earnings from impact fees be credited to the appropriate impact fee fund. FY 05 interest earnings on impact fee funds that were credited to the General Fund amounted to approximately $5.7 million. In addition, the analytical model does not include funding for watershed studies ($3 million), the Immokalee Airport expansion (County 10% matching contribution estimated at $3 million), or funding for the Caribbean Gardens purchase ($2.5 million above the referendum authorization). Sheriff's Office staff indicated that estimated budgetary increases do not include investigators, dispatch, validation, training, or other support staff that may be identified during the budget process. However, the analytical model also assumes that all services provided currently will be funded in FY 07-FY09. ._-~-~ "_".L....... Agenda Item No. 10E March 14, 2006 Page 18 of 20 - Unincorporated Area General Fund (111) Results of Unincornorated Area General Fund Analvsis In this analysis, the following expense assumptions were used: forecast 96% of budgeted appropriations for operating divisions and 100% of budgeted transfers. Assumptions were as follows in terms of increasing value of property in the unincorporated area: FY 07 - 16%, FY 08 - 8%, and FY 09 - 8%. The implications for future year millage rates required to fund the MSTD General Fund (111) budgets developed in this analysis are as follows: FY 06 Adopted and Inc. (Dec.) per Unincorporated Proj ected Millage $100,000 General Fund Rates Taxable Value FY06 0.8069 $0.00 FY07 0.8069 $0.00 FY08 0.8069 $0.00 FY09 0.8069 $0.00 -. FY07 The FY 07 budget projection includes annual inflationary cost increase of existing services and allows for approximately $8 million for accelerated road construction. The analysis projects a millage rate of 0.8069 in FY 07 or $80.69 per $100,000 oftaxab1e value. FY08 In FY 08, the projected millage rate is 0.80690r $80.69 per $100,000 of taxable value; this is the same tax rate as projected in FY 07. In addition to annual inflationary cost increases, the analysis includes $5 million in discretionary funding for road construction. FY09 Assuming an 8% increase in taxable value in FY 09, the projected millage rate is 0.8069. This equates to $80.69 per $100,000 of taxable value; this is the same tax rate as projected in FY 08. In addition to annual inflationary cost increases, the analysis includes $4.3 million in discretionary funding for road construction. - .---. --,.-- -.-'---' .~-~. -- Agenda Item No. 10E COLLIER COUNTY GOVERNMENT March 14, 2006 Page 19 of 20 PRODUCTIVITY COMMITTEE 3301 East Tamiami Trail Naples, FL 34112 February 24, 2006 Jim Mudd, County Manager Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Subject: Proposed FY07 Budget Policy Items Dear Jim, Thank you for meeting with us on February 15, 2006, to discuss the proposed FY07 Budget Policy (attachment). We are in basic agreement with the policy and provide the follow comments and recommendations for inclusion in the Budget Policy. 1. We agree with the proposal to cap ad valorem tax revenues at a maximum increase of 16%, with any excess resulting in a millage rate reduction. There was some discussion among committee members whether tax revenues will actually be that high. It might be more prudent to assume a 12% revenue increase. 2. We agree with the proposal to limit budget increases to less than 12% for all agencies. With pay increases planned at 6.45%, a 12% budget increase will provide sufficient funding for cost increases for current level of activity plus additional support and services related to new construction. 3. We recommend submitting an organization chart for any department with expanding positions so that a concurrent review may be made of spans of control and attendant cost of management. We would be willing to conduct that review. 4. We also strongly recommend adding the following additional requirement: "At the first September budget hearing, each constitutional officer and the county manager will certify that his/her budget is still an accurate representation (in all material aspects) of intended expenditures for FY07." Material aspects should include, the number of funded personnel (and whether they can be realistically hired during the year), pay raise increase, additional new/expanded programs not previously identified, etc. This is an important requirement because budget development starts as early as February, with agency budgets submitted in May, the budget workshop in June and final approval in September. During that time, conditions can change as well as plans for actual expenditures in the new fiscal year. - ~~-"~-----_._---<<"----'~-~'.""'""'-" "_~M'.~.."._"'~""'_' - Agenda Item No. 10E COLLIER COUNTY GOVERNMENT March 14, 2006 Page 20 of 20 PRODUCTIVITY COMMITTEE .- 3301 East Tamiami Trail Naples, FL 34112 5. We recommend a review of attrition during the budget workshop. Budget policy states a 2% attrition rate will be used in the county manager's agency. At our meeting, both you and the sheriff's finance director estimated an 8 or 9% vacancy rate. If that experience holds true when the budgets are reviewed in June. there would be substantial savings in all budget submissions that could be reallocated at BCC discretion. As always, we appreciate the opportunity to comment on the budget policy. If you have any questions, please feel free to contact us. Sincerely, Janet Vasey Vice Chair Productivity Committee - Attachment: Proposed FY07 Budget Policy Items cc: All County Commissioners - --.-.-.., Agenda Item No. 16A1 March 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facility for Ave Maria University - Multi Purpose Facility, at the Vineyards. OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Ave Maria University - Multi Purpose Facility has constructed the water facility within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of this utility facility was approved by the Community Development and Environmental Services staff on August 17, 2004. At that time, the value of this utility facility (assets) was $3,565.16 (see attachment(s). Final Acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's .- office as to form and legal sufficiency. 4) The water facility has been operated and maintained by the Collier County Water- Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materiais and workmanship has been conducted by the Community Development and Environmental Services Division staff and this facility has been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $3,852.15, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of this Executive Summary. 7) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to utility facility, that at the time of preliminary acceptance had a total (undepreciated) value of $3,565.16. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no .- growth management impact. Agenda item No. 16A1 March 14, 2006 Page 2 of 5 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water utility facility for Ave Maria University - Multi Purpose Facility, and authorize staff to release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo - ,JI,genda Itf,'T1 No, l6Al March 14,2006 f"age3oJ5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _. nemNumtar. loA1 llemSummary: ReGornrnflNJalirJr! In appm"" final acc<lptancB {}j llle wiltar utill(y facllity tor A'J<l M;;ria Univar~il)' Mullt Pt"r)()S~ Facility at'hflVmayanl9 MHllngDate: 3/14t200B 'l:OO 00 AM Prepared By Jodi PMl,,~llo Adminislrnll~"A9si~lant O~l(l Community D..~..lopment & f.'lvironnwnlOlIS,,'vic"fi CDESEngineeringServicea 2.r3/20061:121QPM Approved By ThomME,Kullk,P.E. CDES Enllin..~ring Service-& Director Date Commun't~ DllV~IOI',o"nl& Environmgn\aIServicu$ CDES Engin"....inA S"rvines ~!9i20069,07 AM Approved By Sandra l...~ Exutulivl> S&Cret~ry D~te C"mm"nilyD"v"'"pm~"\& Cor"rn"nlly D~v~l",}"'ent & E,wir<mm{!m,~! Sl>rvic"~ E,w;r","n~nl~1 SNyir,,'~ Admin 21S1201}610,S6AM Approved By P"",elaLibby WaierOpomlionsM"""llor n~t" P"~II,, Uhlili"" Water lI1lI2.1}{)61:44PM Approved By Paul Matla"$ch Wa(erOireclO' Data Public.Ulllill<'>5 W..le, 2'13120Q64:59PM ApprtlvedBy l{ay8."'-"dl>r""I1,P.E. Pul>li(; Ulllilje.. En"il1~~rinQ DI,eclof Date PublitUtmligs P"blicUliIlli"..EnQ'""erinll 2i14;200611,O~AM Approved By C"nstanc. A. JohnMfl Ouemti"nsAnaiysl Dale -.- CommunityD"~"I"p"'e"t& Community DeveloP"'~nt& hwi'''nrn"nt~ISl>tvk".. fnvirnn,,,.nwISNvic"f,Admin 2i:i4'200GJ:47PM Approved By J<>sephK.ScNnilt (;"mn"'''ity[h'~el''prn''''t& fnvl'o'''n,,''t~1 SNvin~ A<im",,.t'''IO'' DMe C"mmu~;ly Dev"lt>p",.,~\& Communil)' D.,v~I,,,,.,w,,l & E~\lironme"t<,15"fV'''c~ Envjr<>~m'-"ntuI5"!Y'~e" Admin l;lbi2QC!,B:I)OPM Approv~d By OMBCoo",inolor A<i"''''I5tmti~~ A~~i<;tnrlt Pate CC>Uftl'r' Mar,a,.",'" Olfi~~ Ofiic""fManilp"me,,;& Budq~1 3't.'200(,8:2.1 AM Approved By' MM~ h,~"i<sn" BmlilmAnalys' [)al" C','lrllyM,""'fl....',OHk'. Offle.'. of M~n~\I""'''nl;;, I'l",j""t ,.;.If<UlI!~ :1:4:' PM Approved8y to." E:. ()ch~, Jr IJGI)uly (;"U~IY Marl";!'" !)m" f;""d"rC",,,,lY C"m~'i"~i"""r~ C"'''''y M''''''\l''''~ O~;i~~ ,}'2i200G2:4(,PM -"" -..-. '-"--~-. .. Agenda Item No. 16A 1 -"', March 14, 2006 ) ,-\ ) Page 4 of 5 CERTIFICATION OF COST CONTRIBUTORY ASSETS. COuNTY PROJECT NAME: Ave Maria Multi Purpose LOCATION: Section 5 Township 49 S Range 26 E Collier County, Florida ((;(Q)fftW NAME & ADDRESS OF OWNER: Ave Merla University, Inc. 1025 Commons Circle Naples, FL 34119 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) QUANTITIES ~ DESCRIPTION UNIT PRICE TOTAL COST , 100 LF 8" HDPE Pipe 8.75 875.00 ! 1 EA a.x 8" Tapping Sleeve Valve & Box 1,235.40 1,235.40 10 LF 8" C900 DR14 PVC Pipe 6.46 64.60 80 LF 10" HDPE Casing 11.50 920.00 2EA 8" MJ 90 wi ML 160.08 320.16 1 EA 2" Water Service Assembly 150.00 150.00 TOTAL COST 3,565.16 I do hereby certify that the quantities of materials described above are a true and accurate representetion of of the system being contributed to Collier County. CERTIFYING: ~= Kevin n, President OF: Jensen Underground Utilities, Inc. 5585 Taylor Road Naples, FL 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 21st day of June, 2004 by Kevln ~ is personally known to me and who did not take an oath. ~ W O.iL- SEAL: Donna L. Lundgren !/ ~~-:;'~';""" DONNA L WNDGREN flJ'~Notorv PubI1c . Slole 01 Florida ;." ,..~o....,.,.......&cpies.krll,2007 ~1tJ l Com/IlIIIk>n # 00199598 :r., _ .,....._....A""4..r~_.'._" ,,~,~.,.'__ ~"'''' ,5(8'0 0", "'OJ Z"- 0) , '" Etso.. i OJ~ , ~'" -;;;:;;; '0 , i c , OJ , '" -0: 0- I , l- I - - , C/) i z 0 w - ~~ I ",0 E, 0 ~ >- ~ f- Il/IlSSJl<VO :J <> , I I "" I I u. I w '" I 0 I I Dc .. <, '" I "0 => .. -. F ...J "'JSO, 'ON I I- => '" - I >- f- in , '" I I " ~ ~ df w ; , > i I ""',11 . z . Ei:e ! , => , I' D' , W , <1:: ~ " I ~ 3 ~ ~ DDD ,I , - <1 ~ i:I~ <>: Dli ~ " ,D ,D r " , 010"'"""011 I i ~ D '" , , w , > I i3 "", ~z i 'I 00 ! ' > z ~~ w- , "' ;\ ~ ~ ~', ~ w ~ :~ "' ~~ ;'j;;1~ 0 D_ I , "~q z '~ ~ \ n."' ~~ 00 ~ I 8 w ~I I; 0 , , ~o " , , '-~ I D " 0- 0 , ! I" . O\l'f/,31n08~Ifl:>O' ~ - ,I ~ , /~Q i 5- 1" , - i ' ~ " 3.l~~S~31NI I- N01~'"N"H D ,.oI I D - ~ ~ ~ ~'".~ ,""30 , ~5 Q P , ~~ , , . lilJ[li] , g~~ .- , D ,,~ ~ , ~ D I! " ! lD'O tJ ~4i" ~~ ''''>!:ll ~, ~ ~~t! i - avo~"N1T1nd-~"Od>l1~ ~~ Z Ii -Vii' ,,::;:< '""~"'lV"'- "'" j'[~ ~8 i'~ )':lOIH"''''''!S m~"~] -'.--"".----~.,_. ."'--- __m__. ~--~..__. Agenda Item No. 16A2 March 14, 2006 Page 1 of 4 ._, EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Reflection Lakes at Naples Phase 3H", 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 "Reflection Lakes at Naples Phase 3H", a subdivision of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Reflection Lakes at Naples Phase 3H". 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 "Reflection Lakes at Naples Phase 3H" be approved for recording. FISCAL IMPACT: The project cost is $14,802.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 2,552.00 b) Drainage, Paving, Grading - $12,250.67 The Security amount, equal to 110% of the project cost, is $16,282.94 The County will realize revenues as follows: Fund: Community Development Fund 131 _. Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,464.08 Agenda Item No. 16A2 March 14, 2006 Fees are based on a construction estimate of $14,802.67 and were paid iAqWrfu'lf 4 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,020.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ 19.14 c) Drainage, Paving, Grading (.75% const. est.) -$ 91.88 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 57.42 e) Drainage, Paving, Grading(2.25%const.est. ) - $ 275.64 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 "Reflection Lakes at Naples Phase 3H" for recording with the following stipulations: 1. Approve the amount of $16,282.94 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ,Jl,gBnoaltem No_ 16A2 MJrch14,2006 Fage ~\ of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numbar: 1M2 _,~"'. Item Summary: Ref,orllmendatiorl II' approve lor recmdm() H1Elnrl,,1 plat <\1 RIlflecl;"n Lakes al Napl"5 Phase 'lH, approval oj the standard tmm Construe;t;!)" and Mamten"nce Agr""m"nt an\l approval oj the, BITlOunt of1iw perJormancesec<lrity M..tlngData: 3/1412006!lvO'(JrjAM Prepared By John HOllldsworth Senior Enllinetlr ,.~ CommunilyO"v\lloi>m"nt& Env;ronm/ml"ISer~icea Enginncr;""S"rvlc". 21ll12D0611,~O,Ol AM Approved By Thomu E,Kuck, ?,E. COES En9;n,,~ri~IlS&n1lcu Dimctor ''" CommllnilyDovelopment& 21\l120(l612:1GPM En~im"mo"laISorv;cos CDES E~gin~"'inll Se"ri""a Approved By Sa~~'" L<la beCllh.,,5~cr"'tary Oa'" Communily n<l~"lopm\l"l & ComrnunilyO"""lop""'''I& 21\l!20061:S3PM Envitonm"nluI5ervice~ EnvirnnmantBI S"rvie~"Admin AppravedBy Constane" A. Jo"""on OUGrallo"~AMIY5t DatG Comm"nltyDnGlopn",,,t& Commll~ily DHolopme,,1 & 212412QOf; 3:52 PM Envi'onmem~IS..rv;c'" E""irnnmental 5<>rviC"9 Adn.ln. ApprovcdB}' Comm"nlly DB.nlopm~'1t & Jos~oh K. SChmitt f..'WI'''"'''~ntm' SNvi(;<;~ Ad,,,I,,~t,~IO' ,.. G""'<nunil~ De"..lopmenl &. Cornmunily!>ev<tl"p""",t&' E""i"'nm~lltal S~",IG~~ E"v""nm~n",,1 S~r.k~. "'~m;n ~12E12006 S,Ot PM Approved By OMBCoo'd,""IM "'d"';n'el'ali,,~A.sl~mnt Dat~ Counly Manag<!"s Office Offic~ of M"nag~m<!nl &. eU~rJM 3111;>(1060,;>\ A", - Approved By Marlllsackson BlldgelAnalysl Dale Counly Manag~"s OffjG~ Off,cc 01 Man.\I..mMl & Budget 3,1120% 5,03 PM Appruwd By l"",[.C){;t,""J, DC"uiy G"Wll~ ma""F'" D"t~ Bo.,<iMc;ounlY c"'''''''''"'''>,,~,~ cou~ty M"""9~r" Ofi'r.~ ::2J'20QG2,S3PM _. -...------ C\JCO,," <(0_ cooo I ,"-:":...r 0"" '" Z~ C)) E.c '" "Cl.. "'~ -'" z -;;:;:; wQ '0 t:~ c '" "'0 OJ l g <( i , i , " ~ . a.. ~~ I <t .' . 0< ." ~ . i ~ w - t- en " r:C ! I' , ~ ~p1 , '" ~ [!j , I /17 .~ ~ ~:.1 I ~~~~ o' > r.::;;~ I I I ~ '" g ~ " ~ z I :rJ\'O; "-..000 / l- I- <( , 1 I - [:J I I , I '" <( . I J ..J I z - i 0 - I I . F= r--- I I ' Ii frl ~ I ' ..J ------,-- ~~~ ~ u. l I ~ g I~__~_+_ / I ~~~ " w , '" I f "' , I ,~I I I . ~ 0 I I ~ I <L g I I.' I -1~ I Iff;' I I ~(f : , I , , If,l I , I a.. > 'OI-.L~ ~~ " ! <t 1'- i ~ , ~ 0- I ;;-1 , I i , Z , R ~~[ I , ~ 0 ~t>~ - ~Y.lDlWNnnI;lIl~1 ~ I , u , I , 0 I ! , I ..J "' I i Q "' ~ I i ----1- I-~~-~- I I I , I Agenda Item No, 16A3 March 14, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Reflection Lakes at Naples Phase 31", 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 "Reflection Lakes at Naples Phase 31", a subdivision of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Reflection Lakes at Naples Phase 31". 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 "Reflection Lakes at Naples Phase 31" be approved for recording. FISCAL IMPACT: The project cost is $12,800,00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 1,800,00 b) Drainage, Paving, Grading - $11,000.00 The Security amount, equal to 110% of the project cost, is $14,080.00 The County will realize revenues as follows: Fund: Community Development Fund 131 ,-- Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,399,00 . _.,k...~_.~,~_"" .. q.." ." -"~" "..." Agenda Item No, 16A3 March 14, 2006 Fees are based on a construction estimate of $12,800.00 and were paid iAqWrfu'lf 4 2005. The breakdown is as follows: a) Plat Review Fee ($1,000,00 + $5./ac) -$1,015.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ 13.50 c) Drainage, Paving, Grading (.75% const. est.) - $ 82.50 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 40,50 e) Drainage, Paving, Grading(2.25%const.est. ) - $ 247.50 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 "Reflection Lakes at Naples Phase 31" for recording with the following stipulations: 1, Approve the amount of $14,080,00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2, Approve the standard form Construction and Maintenance Agreement, and a, That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance, b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No 161\3 March 14.2006 Pag83oi4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1M3 IlemSummery: Ral;(mn,,"ndH!,<m IOlippnWI' for '''CQrdHlg the fin,,1 pi,,! 01 R"fl"ct,(m La~"s i'l' Nlipla~ P~;i'lS" 'jl. approvlil '.\1 \h.., stllm1,'tfd 10rm C;ons'fUf.li(\n and Maintlln"w;" A9r,,"men\ and 'lPpro.-a! of tl'0 amount of t!le performance sec~f;ly M..UngOale: 3114flDr!69:aO'OOAM Prepared By John fl<l"ld"w<lrt~ Se"i<lrE"gln"er DBle C<lmmunity O,."al<lpmant & 2191200!;11;5S;3\lAM E,\Vi'<ln"",,,laIServ.ce. ""ginOOrlngS"",lc". Approved By ThnmuE.K"ck,P.E. COES E"fjl""~'i"g S~",lce. Diroct,,' O,~m Community O~v..lopm.,nt /I Envi'''nmonlaIS''rviM~ CDESEngina"'ingServiC6& 2ItJI2VOt> 12:17 PM Approved By Sa..dr" L"~ E'at;uhv~ S"c,elary Oaw Co'nm"nilyO"""lOI"""'lt& Co.."nunil)' D~"<t>lopn"'nt /I 211.1120061,SCPM E""I,onmantaISarv;ce,; Env'r<:mmental SalVicas Admin Approved By C"n<.l~nceA_Johnfi(m Opa",ti<ln5A"",lyst Date Community Oev~lopm"nt &. Comm,wityOev<>lop"'anl& Envi'<lnmanwISarv;cn En"ironmenlal S"lViccs Admin. 2i2412006J:59PM Approved By Comm"nityO"""iopm~"!& JoaephKSchmiU t:"vi'o,,,,,...'I"'IS<t>'vi<:,,.Arimi,,~t'at"r 00. Com'nunityOa"<t>iopm""t& C"'",nunilyOe"el",,,,wnt& r""lmnmontaiSarv,e,,.. Environm"nt"IS"IV'c,,~Adm'" 212CI20{lCS,02PM ApptovedBy OMBC"o'dinalO' Admin;M"'liv"A~$is\nnl Dale County Manager-~ Olfie" OfljceofM~n;)gem"nl&B"dg"t 311f2{106CnAM -- Approved By Ma'~ I~~c'~so" bud,lelAnaiySI Oal~ CounlyM"n~9"r's Office OffL""oiMalwycmant& Budyel J!li200CS,11 PM ApprovedDy L"" E- ,kl'~. J, [lC!",r, C"unryMnnnu'" OM, Bo,,~()fC();mty Com..""";",,,.,, County Ma"ag""Ofli".<> 312i200(, Z,55 F'M - ~"... -.--..'--.----- "'"'" <(0_ ",00 ,,"-:C'J_V 0" ell Z~ OJ 0 E.c '" ~:=j Un.. ell~ -'" -;;;~ -0 C ell OJ l <( ! , ~ ~ ~ . D.. ~~ ^ <t E' , .' ~ B' ." . i ~ lJJ t- --- - CI) " I , ! m~ ffi~i ;::;.... j 'fz ..0 WJ I /' ,~~ ~~ , ~~~~ '" '" <<'" I ;11 2g~ , I-~ l I ! ~ ~ ...J c ~ Z =01"'" /._~ >- I .. '" " I I ~ I I , I I~" ...J i " ~I I . I ' ~ oj, I il T---- I ,"_..ii' OC ~ ~ -----j I / N e!B " I 1,~'"1~ I 1 ~~ .. i , I " i ;, 51 I -- ,1, j I" ";>= ! ;1 I '" 0 6 I ~o ~ I I/,' I ' - I ~ I ,.~[IIo'~lSl'T1CO , U I , 0 I ' j , - ...I I ~ I ~ ~ , -~- j I - -. - " I I - , - - - I I .' . -j-i,,:.- I c. I " Agenda Item No, 16A4 March 14, 2006 Page 1 of 4 ,-.-- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Bristol Pines Phase I, Tract "X-1", Tract "R" and Tract "R-1", Replat" OBJECTIVE: To approve for recording the final plat of "Bristol Pines Phase I, Tract "X-1", Tract "R" and Tract "R-1", Replat", a subdivision of lands located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Bristol Pines Phase I, Tract "X-1", Tract "R" and Tract R-1", Replat". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Services Department recommends that the final plat of "Bristol Pines Phase I, Tract -, "X-1", Tract "R" and Tract "R-1", Replat" be approved for recording, FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1050.00 - plat review fee GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter, ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts, If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all "'''-, development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. -~-.._<...".,--"-~-_.,,., " ......_~',._~,,--<'..,,-'" Agenda Item No. 16A4 March 14, 2006 Page 2 of 4 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Bristol Pines Phase I, Tract "X-1, Tract "R" and Tract "R-1", Replat" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Ager.d8 It81Tl No_ 16A4 MarCI114.2006 f'AgG3Cf4 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS - ItemN"mber; 16A4 ltemSumm.ry: RB,~omm"nriIJ,j(", I" Ilppl'c'J" for rar;ording th", lmal plat "f Bnst<l! P,nflS P~'IlS& I Tract X.1, Tea~t R and Teart R-1. Repl>.!t M.eUnll Dal.: 3lt4i2c-069 ClC' OOAM Prepared By John IiDl.lld"worth So"lo' Enll;r1....r Oat~ Comml.lnltyD''''~loF'm''''t& 2/13120069:S7:2SAM E"v;r'H'ln",,,t,,IS,,,,,,cos Enoi,.,e~ringServieu ApprovcdBy Sandral<>a E~Qe"liv~ S"crlH~1)I ,." CommunilVD"velopm(ln1& COlOml.lnityD"v<>iopm""I& E,wironrnentaIS..rv;"u E'tvironmental Servlceo Admio. 2!B/200t> 10:59 AM Approved By Tt1<'"'3S E. Kuclt,P,E COESEngh'&ll,ingSnrvieeso;".clor DalQ CO"""'i.inityOtlv..iopmcnt& Envl'onm.,,,miS@'vi~,,. CDES Engin....ting S...-.iees 2i14;20061O:07AM Approved By C"""lm,e"A,Jo"ns"" O"f>rallon$ Afl~'tvst DlIt.. Community Oev(;!lopment & CommlJnilv Development & Envi'on""'''t~t So-'vlce. Environm"nt~tS""'ic"sAdmin 2i24/2(}06414PM ApprovcdBy C"mmllnilyDevelopm",,1& J"""pt,K.Schn,itt Env;ronmentBI Se,vlces AdminstralO' O"t" C",nmunilyO<l""I<>I,m"nt& C"rrll"l.lnityDev<:loP"'<I"I& E.nvironmenmtS"rvk<>. Envilonm<tmat S..rvic". Adm;n 2i2t!200fiB:03f1'M ApprovcdBy OMSC"",<I;nal;ot A(j"';n;st{lItiv"A."isl~nl O"te C"""lyMlI""\I",'sOfl';M Offrc"ofMmmg"""",t&O"dll,,1 311120068:~4AM Approved By -, M",ktsadson Bu<lg<ltAn"lvsl OJ!" C""nly M"n"~e(" 0lfi~e Offi"" oj M~n~n',mont .I. Budget jl1l20nC5:4?PM ApprevcdBy LCO[.Ocl's,J, OellulyC"i.il1lyMarlag", Date a",,,rri o! (",,,nly Commiss,,,,",,,,,, Cnll"ly Mo,,"p"r'., Olfie,. }l2i:WO~; :~:(H; PM - - N,"____ .~ --,".- _.__._o~__. 7"'7 ,,=0_ ",00 ~N7 6-.i ID Z~ 0> _s::. '" CUo.. OJ ~ -'" -;;2 '0 t: ' OJ I' I :! _~:.' I' I ,I I I I .---1 :t~~. , I ~D:J ' 1"-------- l r , :=; ~ ------,__1 J : ----"I' h H I, .83 ~i I --'-' ~-t: h ~. "" ' '=l q Ie" ~~ ~I! 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Agenda Item No, 16A5 March 14, 2006 Page 1 of 4 - EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Copper Cove Preserve", 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 "Copper Cove Preserve", a subdivision of lands located in Section 11, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199, CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Copper Cove Preserve", 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 "Copper Cove Preserve" be approved for recording, FISCAL IMPACT: The project cost is $3,819,349,34 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $1,072,550.67 b) Drainage, Paving, Grading - $2,746,798,67 The Security amount, equal to 110% of the project cost, is $4,201,284.27 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: $116,070.48 -..-."..- Agenda Item No, 16A5 March 14, 2006 Fees are based on a construction estimate of $3,819,349,34 and were pali1jl~ 2 of 4 April, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.!ac) -$ 1,490.00 b) Construction Drawing Review Fee Water & Sewer (,75% const. est.) - $ 8,044,13 c) Drainage, Paving, Grading (.75% const. est.) - $20,600,99 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $24,132,39 e) Drainage, Paving, Grading(2 ,25%const.est.) - $61,802.97 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 "Copper Cove Preserve" for recording with the following stipulations: 1, Approve the amount of $4,201,284.27 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 Aaend8 It",rTl No, 16A5 . Marc!'114,2006 Page 3 of ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS llamNumbar: l6AS - ItamSummary: Re"o",m"w~Htl'''' ttl apl'''OVP for ,'!cord"'IJ the hnal l',I,,1 \,1 C(lIJpar Cova Preserve, ~ppf{)..al <:>t the 5(!lfHj~rd lorm Conslr"r,If"!l tlml Miliflla!lomr.:e AWeem",n( and ~"pr(will or the amnunt a/the p.:>1ofl"wn~e security M..tingOIlI.: 3i1M2G(J(;9,OO'OOAM Prep.redSy John Hooldsworth Sanior Engin~er Data Cornm'lIlltyO"velopm"nt& 2114!200il1,4l:24PM Env;"'nm"'nl..,ISer~i"u E"gin~ed"y S~rvlc... Approved By Sa"~r~ l<ta Ex,p.cuhv~ S"~r~tary Da'" Comm,mily D<t~al"pm"nl & C"mmunilyD"~,,I"'pm"ol& 2!14i200S 2:43 PM Envi",,,n,p.ntAIS"rvwns En~ir<o"m"nl.'1 S"rv;~~~ A(:I,n;l'I. Approved By ThOlt\~. E, Kud, P,!,: C!ll"Sh'B;"ee''''QS'''vi~e..Oi,,,,,tnr 0.,1.. Cmmn,milyP""elopm"nt& CDESEngineerlngS",..lcea 2/14i20062'56PM E"vironmentaISmvic".. Approved By Consla"ceA,Johnson Ofleralion~ An~ly&t Dale Community Oowelopmant &. Commun;tyOc"elopm"nt& 2i24120064;19PM E,w;ronm<>ntalS..",;C<ls En"i"'nm"ntaIS.,rv;c..~A<lmln. Approved By Comm,,,,ltyO"""I<opn,,,,,r.& JonphK.Schmm Envl"""'....nl"'IS<!lrvi"".Adm;".I'~I<>r Dale Communilyt)e"elopmerlt& Go""n,m;lyD"Hlopnoenl& 2i26i2C066;1}5PM Env;ronm"ntatSe",;c".. En"ironm"ntuIS"",;c,,~A<lm;n Approved By OM8Co",{j;nalof Acimil1IM"'li~eAs.ietant Oat.. Co''''lyManagcr'sOffke Office of Manag<>",cnt & Bodget 311,'200Bfl,2SIII\l! - ApprovcdBy MM~ l~a<K5"" "udlJelAnaiyM Dale County M"nnge"~ Office Dfti"<.o'Ma".!I,,mnnl&Ou<l\!"t 1!a:2toC8;34 AM Approved By l."",E.O""s,J' [)"p'J!yC""mtvM~"a\I'" Date 8,,~"iorC""mty C""'""'s",,,,,,,,, Cuunly Mllna{>",'s Ol'f,"~ :,'2:2l.l0G3:1GPM - - ----~._--- z 1:i!::l ! 0 5~h , w>- . >-", "'~8\:: ,rHO .,. riig ill' <(0_ ~ ~~!:! (000 ~N.,. ".."f'Q.) j ~~ g> E -5 0... ~ a.. Q)>- ! _'ll -;;;:2 <( "0 ~ C Q) OJ <( UJ I- - I en j . .'! ~ il., , li!j Dig " I ~~ ,,!~ !' , I ! "' ., is I I I ~ I (....".s)Ul/'r^"r'lOIl.311= ~ '" .. w ]l.~S OJ .ON / ~ i'; - '" '" ~I " g; . '" , . I " >-z " 00 w~ , ,'< , , , 00 "'0 a.. ~~ ..~ , , ., <( " ~~ ~ Z 0 'i'" - , 10- ~ ~ I j u " ~ ' 0 ~L , ~i~ I ...J I;=, O"V/<"MS"31l~ , :7 . N Agenda Item No, 16A6 March 14, 2006 Page 1 of 5 - EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Olde Cypress, Unit One". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Olde Cypress, Unit One" CONSIDERATIONS: 1. On March 16, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Olde Cypress, Unit One", 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, 16A6 March 14, 2006 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Olde Cypress, Unit One" 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 ,-"" ""... Ag8nd8 1;8m No 16A6 MarCh 14,20(15 Page ~; oj 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: H1A6 ~~.. tlemSummary: R",~.orlliTI"n(Jalion to graol final appr')"/1l1 01 '1011 f'oadwily (pfwatll! and drainage ImpmvIlrnenls for 110,., I''lal plat ('; Old!;' Cypress. Unil One, The fo,I{j""a)' ane! r!r..",age inlpro~ern,.,n!tl will be privawly,."ai<,lam"fCl MeellngOale: 3114f21!(j5\1 00'1)0 AM PrcpnedBy Jotmttouldsworth Sanior Engln~",r D.. CommunilYDevolopm"nl& E"9i"~1I.inll Se.vlct\' 21151200e1O,!;4,2flAM En"ironmenlaISe.vicH ApprovdBy "Thnmas E. Kuck,P,E COESe"gln"crinj;lServlcflsDimcl<" D.m Cnmn"mllyDcvelopm(!nl& CDESEnginu"dngSe''1ices Z!15120061:42PM EnvironmnnlaIS"",ices Approved By Sa~ura L<>a f..uculi",,,S<lc"llory D.. C",,,,,,unilyO,,,,,,,lop,,,,,,,lll. C"'Tl"'U~ity O<lv..lop..,,,,,l & 2115,'20061,50 PM En,,'.onmenluIServices Envi,onmental 5"rlfjce~ Adml'l Approved By Con~lan"" A. John~o" OpemtionsAnalyst D.. Community Dnelopmenl & Community Development & 2124120063,41 PM EnlfironmenlalServices Env;.onmenlal Servlc"s Admin. ApprovNIBy Com""",ltyD"'1uloom''''I& Jo...phKSchmiU r:nvi""""e~'al Servi""~Ad,,,ins!rato. D~le COEfl''''-'''''Y O"~"lopm,,"l & C"''''r"mi\yO''~'''lot>..w"l& 2.'26,'20068:06 PM """ironmentaI5urv,,,es Env""nme~I,,15""If;c"sAdmln Approved By OMBCoordinalor Adminielrati"" A.si.t~nt Om Counl~Manag"r'eDmce O1nteofM~""I'"menl& BudgBt 31112006 f,:2t AM ,- Approved By Marl, je.~~son BudgefAnaiysl Dale CounlyM"""9"'" Office Office of Ma"~g,'m",,t /i. 6u<)9"t 3.'1i20Qfi5:5EPM Approved By L"o!':.Od>r"J, Dnn,HyCO""l, Mnnaq(>( Om" B,,~"; ofGo''''I, G<>""""",;o""" C","nty MnMgc', O/l;ce c,'2i2006J,1JPM ._. --^ ...----" ~ I g ! coco'" ~ ,~ I [ 5 ~8o ::i _",I~ ::i y-C\JV '" d~Q) Z y- O'l z .em 0 Euo.. w- ID'- I-!;( ;::: CIj (i)o ""'~ 0 >- ~ ~ ~ c (1) 0> <( 3""0 5"3''''' J"~""3~ a.. <l: L lJJ l- V) , , I [?I-~ "'0... ~lass'l"""" 010 -~' ;,"~. ~'T-'-;""""i","~,"" ~~' e'l I ' ~" , ! ,','./ \ I ,''',1 ~ \ \. \ ' I . \, . " UJ i / 1:1: '_, --'-:J>;-:;-~:,~:,%')~o/ L' , '~, 7 I: II z / ,,\ !J. ,/\7\ i----1: '" iW. <};:;"'--i::})\\ W'----lii^" ,jiC..1.,.-->"/ ~ 0 I- ~ 3,.J501.0" / ~ ~ _ Ir ~ .. >- u 01 ~, ro '" ~...J' ----- - ---, I 01 ~t ~~ B !! ,;; i[ L .. '" "z '" ~ ~ ~ - '" ~ '" ~ z" 7 ~ ~ (; " I >--z o 0 a".^31~aa"31-'lO~ ""<13 w- ~!< o u ' g:: 0 ~ ~ p ~,~ "'~ <0; a.. D '9 < , " -,,-- .. ~ ~ :;0> ~ , I : L ___---1-____.___ j ," Z >- j, ~ r" ~ I ~"' 7 ~ _ ",. ^" 0 ~ ,- ~ -I, ~,,;; ..~~~ "'~:<~ , p" '[- "-, ,,'- - , s - ~i ,C~_ L---' i ~~ ~ g-- r"!5 f- L....I 0 '; ~ I ~ ,~~,mno",^",o,-- __!____ .c::( ~' 1_L. I ,-- --- . U " I , h ~ ~ ! 0 ~ "c ,~-~ : ~~: ~~~ I i~~ :~...J J ~ I _ ~~. e 'I' " " I I ~~.,"'~' II "'a.l.~S~3-'-N' " - ---'--"'--- l!, ')'''''' 11 l' ;~ i;- ""O"ND1NI^::_~._,_ Agenda Item No, 16A6 March 14, 2006 Page 5 01 5 .- RESOLUTION NO, 06-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN OLDE CYPRESS, UNIT ONE, RELEASE OF THE MAlNTENANCE SECURITY, AND TO ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE OLDE CYPRESS HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 13, 1999 approved the plat of OIde Cypress, Unit One for recording; and WHEREAS, the Developer has constructed and maintained the roadway and dra.inage 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 I acceptance of said facilities. I NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY , COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that final acceptance i, hcreby granted for those roadway and drainage improvements in Olde Cypress, Unit One and authorize the Clerk to release the maintenance secmit)'. BE IT FURTHER RESOLVED AND ORDERED that thc County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Qlde Cypress Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2006, DAm: BOARD OF COUNTY COMMISSIONERS A TrEST: COLLIER COUNTY. FLORIDA DWIGHT E, BROCK, CLERK FRANK HALAS, CHAIRMAN A a 10 fUlm an~ J ~-- .- JCff~ Klatzkow Ass" tan ' ollier County Attorney -.."-- --- Agenda Item No, 16A? March 14, 2006 Page 1 of 5 -- EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Olde Cypress, Unit Three". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Olde Cypress, Unit Three" CONSIDERATIONS: 1. On May 18, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Olde Cypress, Unit Three". 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, 16A7 March 14, 2006 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Olde Cypress, Unit Three" 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 .~.. ,,'.' ,^",,<, AC9nda Item No. 16A7 . March 14, 2006 Frtge:)of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16A7 .~ ltemSummllry: RBcommendaflon to IImnl hnal "[lproval <lfthe rlladwilY (pr"lIle) and dminagll improvarmmis for Ihe fln,,1 [1111.' I'! Old" C,[Ire5~ Uni' Thrf\f;, The f();j(jW;lY ami dra;rhlge impr<.lV"m"flI3 will bQpn...m"lymJ;nla;n(,d Me.lingOate: 'lI14/2Q(J(,\1 QO(j(J AM Prepared By JOhnflouldsworth S"nio,Engine<lr Date Community O..vulopment & Englfloodng S~rvlC.<l5 2!1[,J200610:5S;5llAM Envir<>l1m"ntltl$crv'c"a Approved By Thoma.E,Kur.k,f'.E. COESEnllln","inyServlcesOlrec.to' O-,~tc Comn"mllyD"v<>lol'm"nl& COES EnGine~ri...g Se'vkGs 2/15f200G1:4:lPM Envlronmp"latS"fVic~l\ Approved By Sumlra Ll'~ E:.ccuhvc5\,cretary "W C"'r\!n",nityDcv~I"pmcnl& C"m",,,,nil;yDcv~lo,,n"'nt& 2115i20ll61;4!!PM E""ironmcntoiS<lrvicos E""ironm~ntaIScrviecsAdmin Approved By CO[l$l"[lceA.Johnsoll OpwlltionsAnltlytl.t Dale C"mm"nit)l Development & Community Developmenl & 21241Z(l06:l:4IlPM E,wironmenta;\Sl\rvi"es En"itonmentaIS..rvle"sAdmi.... Approved By JoeephKSehmitt C<>m",,,oltyDo,,nlopn,,,,,\& Dele En"i'''n'''~'nl''iSo'''ic''.Admiflslr''to' C"",,,,,milyD,,,,,,i"I,,,,mll& C"''''''l.milyD"vdop",,,nt& 2.'26.'200GG;MPM e[lvlronrn"[ltaIServioe.. E[l"ironm"ntal $orYiees Admin. ApprovodBy OMBC",,'dinulor Adrn;nlalriltiv"Auistan\ Date Cou[llyManager'.OHice Ofli"" 01 Mltnallem"nl & Budget :lI1f200Gf.2?AM - Approved By Marklscei<.son Budget Anatygt Date C",untyM"n"g~"" Offic" Of!ieeolM;",,,gemenl&O,,,lget 3,1i:20Qf,3;."1::PM Approved By Leo 1'..Ocn". J' 0"1)(4" Counly M"~A\l'" D"t~ B{)~"i of (:"unly C"mlfll,,";""'''$ County M"',~~,~'..~ Office 3'2/'200(,3:2" PM - "",--- i I ~ " ""'''' ". DO <(0_ , , 6~ ",00 -;:::::J "' ~"'" ~iN C. d< '0./ ;cv. " , :z: l- I- :J'W~S 01 D" / -E- ~ - ' '" '" w a: .. >- U , W 0 " i ...J L 0 , " , I , '~~ ~ j I , g , ~Z "0 a>f,,^31~08'HmO~ "6 ~.~ w- -'< 0" ~g h ~ , I ~ '" a.. ~ S' ~~ "' ~ - S' ~ '- 0 , , ,0' ~ ~ I 5~ ~~ <{ I , ~ L ,[[~ 0, 00 Z ,'" .,1g , '0' ~ I ~~ ~ < ~ ~~: ~ ~~~ 0 ; ~'", ~ '!l ~S" , ~ '.7 '" ~ I ~ ~ ~ ~, , '~ I I -, g ~~ - , " , ~ ' t- D,;'L, ~ I :S ' " . j O~~^3l00~~O' <{ :j is U !~ !:j [ I 0 ~ "' ";* ...J , "", ~ ~ ~ r' "' .7,~ ., . d~ , I I Ii , ~~ .. g Ii , I !~ I I ". :11~lS~31N1 I----~;~:------- ~~ ' ---------- ~~ "-~~"'S~3~N' ! I~ , , " " , H~ I , , ,,~ ~ , ~':;; ~ ;;:. a~a~ NOL _N'm \ Agenda Item No, 16A? March 14, 2006 Page 5 of 5 RESOLUTION NO, 06-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN OLDE CYPRESS. UNIT l1iREE, RELEASE OF THE MAINTENANCE SECURITY, AND TO ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE L\1PROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE OLDE CYPRESS HOMEOWNERS' ASSOCIATION W,HEREAS. the Board of County Commissioners of Collier County, Florida, on August 3, 1999 approved the plat of Olde Cypress, Unit Three for recording; and WHEREAS. the Developer has constructed and maintained the roadway and drJinage 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 - Dcpanment 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 tinal acceptance 1$ hereby granted for those roadway and drainage improvements in OIde Cypress. Unit Three and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Olde Cypress Homeowners' Association. This Resolution adopted after motion, second and majority vote favOling same, this _ day of ,2006, DATE: BOARD OF COUNTY COMMISSIOl\"ERS ATTEST: COU.lER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: FRANK HALAS, CHAIRMAN - ,]eilt A 'Jatzkow Assianl 'ollier County Attorney ---.-,-.---- "~-,~"- .~..~,---'.- -_._- Agenda Item No, 16A8 March 14, 2006 Page 1 of 4 .- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Reflection Lakes at Naples Phase 3J", 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 "Reflection Lakes at Naples Phase 3J", a subdivision of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Reflection Lakes at Naples Phase 3J". 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 "Reflection Lakes at Naples Phase 3J" be approved for recording, FISCAL IMPACT: The project cost is $14,802,67 (estimated) to be borne by the developer, The cost breakdown is as follows: a) Water & Sewer - $ 2,552,00 b) Drainage, Paving, Grading - $12,250.67 The Security amount, equal to 110% of the project cost, is $16,282.94 The County will realize revenues as follows: Fund: Community Development Fund 131 _. Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,464.08 Agenda Item No, 16A8 March 14, 2006 Fees are based on a construction estimate of $14,802.67 and were paid iAqWrfu'lf 4 2005. ,...." The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,020.00 b) Construction Drawing Review Fee Water & Sewer (,75% const. est.) -$ 19,14 c) Drainage, Paving, Grading (.75% const. est.) -$ 91.88 d) Construction Inspection Fee Water & Sewer (2,25% const. est.) -$ 57.42 e) Drainage, Paving, Grading(2.25%const.est. ) - $ 275,64 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 "Reflection Lakes at Naples Phase 3J" for recording with the following stipulations: 1, Approve the amount of $16,282.94 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2, Approve the standard form Construction and Maintenance Agreement, and a, That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance, b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services /" Department Director and the County Attorney's office, PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Aqenda Ilem No, 16Ae, . March 14, 2006 F'age3cf4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ItamNumbar: 1flA8 - ItamSummary: R8GOl'llm6nrJalioJl t(} approv(> lor '~COlrJHl\l the hn~1 plat ()I Reflecl;,'" La"",s 1;' Naplfl3 Phasl; 'jJ, Hpproval oj ill\' st"ndilm form Cm"l\'t.wc.jion and Millnl<3nanrR. A(l",,,ment ilnd i!ppmval of :n" amount at Ins p"rlorn"l~nC8 security M..UngData; 3i1412ll069OlH)QAM PreparedDy John Houldsworth S..niorEngineer Data Commul1ltyOe....topma",& Ef"lginoorII1IlS..",ic... 219/200& 11,58,49 AM E"vironment~IServic"ft Approved D~' Tt"}"m~s E, K"ck, P,E. COESE"glneerlnIlS<>rvic..sOir<1ctor O~W CommunllyOflvel<>pment& COES EnQinQering Servicea 21!l120Gt12;I7f>M EnvironmnntaISo""ces Approved By Sa<ldmL.... bBcHh_cSecm""y !lam C"'nmun;\~ O"velop'''tmt& Com'mmil~O"v..!o"nHl"j& 2/g/200&2;OOPM E"v;ronm..ntaIServio..~ Environmental S.."';ceu Admin. Approved By ConSlan""A.Jot"}nson Op~raHon~ Analyst '"" Cornm\JnllyOevelopm",nt& Community D..v~lopme"t & 2:27120068:15 AM E"v;ronm"'nta\S..rvice~ Environment3ISa"'ice~A<lrnin. Approved By Con"",m;tyDovnlopment& Jo~"'ph K. Schmitt nwi,,,,,,,,.,nlal S..,vica$ Admi"~tral<" Dale C"",munityO"v.,\op'"cntlJ, C"rnmunil~D.",~lor",,,,nt& 2/27!2006713PM Environn,anlllIS.."'ices Env;'Mmental 5.."';c~~ Admin. Approved By OMBC"",d;Jlnt<>r Adminialrnliv~ A~S;5t,,~t Dat~ County M~":l\!e,'sOfi;ce Offkc of Managomflnt & Suogel 3/t!200&e;2:IAM - Approved 8)' MMi<;sack""n 8udget Anllly~t Date County M~"a~e"s Off;ce Off,c~ 01 M.n~g"mcnt I> auoget 3,'li200G$.21 PM Appro"ed B~' I.m,E:.O<=i\~..I' D"r,"hCo.mtvMD""(lN Dm" 8oa"icfCo,mlY Co",,,,,~"'on~'~ COU"\}" Man"g~'" Ofhce ]i2'200G;LS"PM -~-,--_.^. ----_._~-- . -..-... ---,.--..-....-- co"'.". <(0_ ",00 ~N.". I , . ' 0" ill Z~~ I ", ,-! ._ 'd ;~ ' ,~ . ",- ' o e' . ill wU ~ ,g , i , ~ " ~ ~ . "~ CL i. ! <( o. ' . . ~ [ ~ "- LIJ - ~ " if~ ~ t ~ , it ~H I , ~'f,.i/ ,.^" tJ1. !. il!' e-li // I I~ I I 1 ~ ~ " ~ . -' , ""' , c , " _ l[ ; ,I " · , " " _. - ' I" ' . '~_ .' I' II' . I ~ I iII"''''..J " 1 . ". ' · . . I ,~Z I ,,0: ! I U ,c wO I , I,i= I I I I I' ii' ('j I.' : I <L g ,.';' I I I ~r 0 . I"~" , . /, I';' ~ '. D- ... . ... , . I ~ I 0 ,_ wOO ;I. .,L I !' z '." ' 0 '0' ' ---'- I' ", - ."_.,, -. ". ' ~ -_I I ... I . I' I U , ' 0 ,s' , ,. I ...J i : .--- s___J. . 1- - 1-+/ ,-(~- l ",m Agenda Item No, 16A9 March 14, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Reflection Lakes at Naples Phase 3K", 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 "Reflection Lakes at Naples Phase 3K", a subdivision of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Reflection Lakes at Naples Phase 3K". 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 "Reflection Lakes at Naples Phase 3K" be approved for recording, FISCAL IMPACT: The project cost is $14,800,00 (estimated) to be borne by the developer, The cost breakdown is as follows: a) Water & Sewer - $ 2,549.33 b) Drainage, Paving, Grading - $12,250,67 The Security amount, equal to 110% of the project cost, is $16,280,00 The County will realize revenues as follows: Fund: Community Development Fund 131 --- Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,459,00 ----- . ~_._~".._"., Agenda Item No, 16A9 March 14, 2006 Fees are based on a construction estimate of $14,800.00 and were paid iAqWrfu'lf 4 2005, "'--. The breakdown is as follows: a) Plat Review Fee ($1,000,00 + $5./ac) -$1,015,00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ 19.12 c) Drainage, Paving, Grading (.75% const. est.) -$ 91.88 d) Construction Inspection Fee Water & Sewer (2,25% const. est.) - $ 57.36 e) Drainage, Paving, Grading(2.25%const.est. ) - $ 275.64 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 "Reflection Lakes at Naples Phase 3K" for recording with the following stipulations: 1, Approve the amount of $16,280.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2, Approve the standard form Construction and Maintenance Agreement, and a, That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance, b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services ,,- Department Director and the County Attorney's office, PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department .- Agenda Item No, 16A9 March 14.2006 ~'ag6 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16,0.9 - Item Summary: Rer-,'mmflndalion \0 appr,we len ,.<,cordmg thll Im..l plat ,,! Rallar-tinn LakeR al Napl,,>\ Phasli 'jK, approval ot thl' siandMd 10rm Crmstructjon and Mainlammce Agf"f;m"nllln~ approval oj thl,amcuntofthBpfrr1OfmanceMlo,"'!Y Meetlnlil Date: :,i1412Drn> \J Q() (JO AM Prep.TedDy John Houldsworlh Senio,Englnllllr Datil' Comm",'llY O..~"lo"ment & EIlIl.np.min9S..rvlr.... 211UIZn067:26'10AM Env;r<>rHnilnUtS..rv1ces Approved By S~"cirn l<>3 c.nr.lltiveSecrat.1fy D~l<l CommunllyD<lvelopmenlll. C"mnH.lrHIYDflV<>lo!>roflnl& 2!lllI21106\l'OSAM Envi,onmfllllalServinll8 Envj",n~,,,"tal S~,'vic"~ Adm.n Approved By TtlO"'U F... KllCk,P,E. CDES Engin""r;"gS"rvjces D;'"t:l''' Dale Commun,lyOm,,,lol.m.,,,1& CDES En9in~"rlnll Services 211(>1200610,42AM EnvironmentalServicll$ Approved By Co"stance A, John~on Op"r"tion~ A"alyst ". Community Developn'enl & Con,muntlyDevclopmenl& 21141200li4;l17 PM Env;'onm<>ntuIS"rvicu E,Wj,onm"ntaIS"rvic".Admin Approved8y Jo.ephK-Scl,mit\ Community Oevnlopm',nl & Date f:,wi"<l"'''''''lal S.."""... Admin.ln'l'" Com,m.m.lyD"velopm.",1& Com",u"il'l'n..v"lop",.",t& 2127i20067:'13PM [!wironme"tal!>"rv.<:,,~ Env,ron",..nlaISarvic...Admin Approved By OMBCoo'd;.,al'" Admi"ielrali~e A.~iManl Dale Cou"ty Manage,'e Office Of:,ce of Manallemenl & Budget .1.'1I200l,;Sc2.1AM -, Approved B)' M",;.I.ar.ks",' BudgelAnaiy4t Date CountyManage,.OHice OHiC<' of Man~gemer.t I,; aud\!N 3il,200CS,35PM Approved B}' Lll"f..Od's"I, [h,pLJlyCoLm~ Man",I"r Date eo"r<lofCow,W Cnrn""~"i",,,,,, County M~.''''~1V'S O/hn~ 7;i2l200CJ,01 PM - -^ .- - ._'-- --~- .~_._- .._"-~"- i I J O)(D ..- ,~I -~ <(0_ (000 ~ ~C\J..- O~a.> Z~ '" z '" 0 E -5 0... w - Q)~ t:~ _<ll "''' ~::;, 0 ~ '0 C Q) '" <( 0- ~ ! <( , ~ . n ; lLJ 'e ~< I- l - en ," ~~- """ g~~ ~ >0 .> g~ I ~ '" w 1 '---' I i ...J 1 1 I ~ !;( :t1V:J'n.L.LO"/~ '" W - '" .. ...J Z 0 I I ;= I [rl I I I ...J , I I I u. , I . , -"';;> , w I !8 '" I I I i ! / - ~'~T--~-~- I I ~ z j # ! ~ I I "0 j',1 w- I ~~ ,. i . ~ 6 I , .. " #'i. - f I ~ 0 ~ /! 0- I I <( I ,,- --, I ~ , , LI I , , " Z ,a . .. ~g ~ I 0 - I l- I I--~- <( , I I I U I 0 ~ I~~ ! .. I I I ...J I I I I "~CJlIVMTIOllIElfTD:lI ~:t);. f;~" ----1 ~j:J I , I ~ , " , ! ; .. i'i~ ;c , I !]jCC ~ E ~ ~z ~ .. ;~ ~i'i ~ . " ~~ - 1- ~, 1 I Agenda Item No, 16A 10 March 14, 2006 Page 1 of 4 ,- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Reflection Lakes at Naples Phase 3G", 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 "Reflection Lakes at Naples Phase 3G", a subdivision of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Reflection Lakes at Naples Phase 3G", 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 "Reflection Lakes at Naples Phase 3G" be approved for recording, FISCAL IMPACT: The project cost is $14,802.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 2,552,00 b) Drainage, Paving, Grading - $12,250,67 The Security amount, equal to 110% of the project cost, is $16,282,94 The County will realize revenues as follows: Fund: Community Development Fund 131 ,--. Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,464,08 --,-- --~- . ,._...~~',H,,'_"'.'''~'''' -,. ' ..~"-,..,.~.,."~,~-- - Agenda Item No, 16A10 March 14, 2006 Fees are based on a construction estimate of $14,802,67 and were paid iAqWrfu'I! 4 2005. ,- The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,020,00 b) Construction Drawing Review Fee Water & Sewer (,75% const. est.) - $ 19.14 c) Drainage, Paving, Grading (.75% const. est.) - $ 91,88 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$ 57.42 e) Drainage, Paving, Gradi ng(2 ,25%const.est.) - $ 275,64 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 "Reflection Lakes at Naples Phase 3G" for recording with the following stipulations: 1, Approve the amount of $16,282,94 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2, Approve the standard form Construction and Maintenance Agreement, and a, That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance, b, That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services /"'"' Department Director and the County Attorney's office, PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ~-_.". Agenda 110m No. 16A10 March 14,2006 P8Q&3cf4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A10 ttemSummary: Rer;ornmandab'J!1 III appnwe lor rllctlrdmll the 1,11..1 plat \l! Reflactioll l.ake~ 11' Naples PI.a.sa 30. approval o~ ths slandard torm C<>n!>lrucli'ln and Mailllenanr,,, A\lr"em"nl. 'Hld >l!lprm'al 01 lh<<amounl Dlthep""iofmal1Casllcurity MHtlngOate: 311412()[J6(lOO,O(JAM Prepared By JohnH<luldsworth S.niorEngln....r ,". Commuf1llyD.."..I"~m"nt& engi"....'i"UServfr..'. 2110,'2P066:HI,34AM e:nvjronme"laIS"r"i~e. ApprllvedBy S~ndmLn E.ecllti.e S~~relllry DaHl C"mmunflVO<1vel"pm<1nt& C"mmunil.y O<>vill"pm"n\ & 2!10il00G\\:04AM Erwimnn,,,ntalS<1rvicnil En.ironm..nlalSf,rvleuAdmin. Approved By HlomasE,Kucll,P.E. COl:S Englnum<nll Servlc"s Ol,.,ct(lr Date C"mr'"mHyI)ev..lopmcrll& caES Engin...."ng S"r"i~". 2.I101200610;~3AM Environme"talServices Approved By ConSlanceA.John,,<>n Op"l1'lli.,nsAnaly"l ". CommunllyD..."loflm..nt& CommunllyD"."lollment& il2712006a:11 AM Envfron",entalServicn Envlron",,,ntal Serv;~""Admin Approved By jo""phKS~;'milt C"mm\lnltyO..vnf(lrm'~"I& Date t,rw;,onmnntal Se'vicn. Act,ni"Slratl>r Comrl'iunilyD.'v"lopm"n\& COmmunIlyD"v..lopm~"I& 2t:27i2-00G 7:11 PM E""i",,,,,,enlaIS..,,,ic,,. Envimn",a"lal Se,.ic". Admin. ApprllvedBy OMBC.,,,,dinator Admi"iatrati""AHista,,1 Dale CounlyManage,'"Ollice Olfke of Manage"'''''t ot gudget 311i2006e,23AM - Approved By Marklsac'kson 8udgetAnalys! Oaj" Coun,y Mam'g,,"S Offl"" Otliee of Manag<,<nent & Budg"t :>i1f200C 5:~3 PM ApprllvedBy L"oE,Oehfi,J' Dnr,ulyCoumy M""",)N Dam b"",,io'Co,mty C"'n""~gi",,,;'~ County Mcrl"9tc'" OfliC~ 3i2JZOOe J:Q~ PM - ~"-~. 0<0" ;;:8- <0",0 ~ ." ," '" o~ '" Z.c'" E2D.. ",'" z =::2 wQ '" !::!;( '0 ",0 C g Q) I !l i , i " ~ ~ , a.. ,~ . <( ~. . ~~ ; ~ ~ L1J t- - en ! ~~~ ! .~ ~:~ ' UJ , ~~~~ 0" > n r.:;~~ I I ." r:l ~ e -' ~ z I "1""'~ n.L .,0>< I- Tn .'E- '" - , I r:l I I '" , I '" I ~j -' I I z I " 0 F' - .. I .. il ~ ----,~ _'_ I I ~ I ---------,--. I I "''''"' I o!" " w , j-- / ~~~ '" l , i , b 6 I I ;} .. , ! I ~ >= I I i 0" ! ~~i I ",0 I 0.'] I I ~.,.;) i-- 11' , I .h - < - ' " , . , a.. :lj'" <( ~d ~B ~ I " z I ~ ii% I I 0 , I - I }r''f'" !;;t ~ ~- u.V:l~ I ~I , U I ' I . 0 ! I , ...J I ~~ l - - Agenda Item No, 16A 11 March 14, 2006 Page 1 of 25 ,- EXECUTIVE SUMMARY Recommendation to authorize the County Manager or his designee to submit a grant application to the Florida Department of Environmental Protection (FDEP) Bureau of Invasive Plant Management (BIPM) administered through the Southwest Florida Invasiye Species Working Group for contractor services to remove invasive exotic vegetation from the Conservation Collier Watkins-Jones Property. OBJECTIVE: To have the Board of County Commissioners (BCe) authorize the County Manager or his designee to submit a proposal to receive state contractor services from the FDEP BIPM, Southwest Florida Invasive Species Working Group for the removal of invasive exotic vegetation on the Conservation Collier Watkins-Jones Property. CONSIDERATION: The Upland Plant Management Section of the BIPM funds individual invasive plant removal projects on public conservation lands throughout the state, If the grant is received, the BIPM will pay state contractors for work that will be performed on the Watkins-Jones Property, No funds will be transferred to Collier County. Staff anticipates that a formal agreement between the BCC and the State will be needed before the project can proceed. Once an agreement is finalized, staff will return to the BCC for formal acceptance of the grant award and execution of the agreement. .- FISCAL IMPACT: The estimated total cost of the project is $40,000, Collier County staff has previously requested $19,000 in reimbursable Partners for Fish and Wildlife Grant Program funds for exotic vegetation removal on this property. If this additional grant is awarded, it will be used to provide a cash match for the project. If the additional grant is not awarded, then Conservation Collier Land Management Funds will be used to meet the $19,000 match. GROWTH MANAGEMENT IMPACT: This proposal supports Objectives 6.2 and 7,3 of the Conservation and Coastal Management Element of the County Growth Management Plan, which require the County to protect and conserve wetlands and the natural functions of wetlands and continue to implement programs that conserve and protect endangered and threatened wildlife species, RECOMMENDA TION: Recommend that the Board of County Commissioners authorize the County Manager or his designee to submit a proposal to receive grant funding from the FDEP BIPM, Southwest Florida Invasive Species Working Group, to fund invasive exotic vegetation removal on the Conservation Collier Watkins-Jones Property and return to the BCC for final grant approval. PREPARED BY: Christal Segura. Environmental Specialist, Environmental Services Department - A~t.mda I~em No. 16A 11 March 14,2006 Pagt?2ct25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numhar: 1f>A11 - ltemSummary: Ree"mm~r1dll\ioll tll author.,.,.. tha Cllun\y MananM or ~"S d"'Si~,mee \0 Hulmlll a 'Ire'll ll~plioiltion I" the Florida Department 0\ Erwironmentill Pmlactir,11 (FDEP) 8urealJ 0; IIl'.'a'''~e Plrlnt Mil'la\,lement (BIPM) ildminis'ered thmuyh the S"ulhwa~t FIr,ridOlIn.-aHive Sr>eci,,~ \.V<,'rkmg Grllun tor t""l'a(;tor s"'r~i""s to 'em"ve invasive l,"o(ir, veg"t~llO" lmm tha C''''sar~attor' Colli..r Watki"s-Jrmll3 P'OPM!'f. ($21,OOOi Meeting Date: 311~.'20()fi 900IJOAM Approved By S~nd'a Lna e""CuINeS..o.otary OatB Comm"nllyOBvr.lopm"'H& Comm"nl1yO"v"lopm&nl& E'wiron'....ntaJS~rvl(:<l~ EnVl'(ln,'wntaISe"'ir.<!sAdmln, 2i23IW061'3\PM Approved By COMI""ce A. JO"flijO" Op~'ali"n. ""at)'sl 010101 CO"""',nIIyO,w01I"prn''''l& Co'nn"'''llyO"vclop,"enl& 2!24!20064:36PM Env;,onm"ntaISe'vices Envi.onm~flllOlServiccsAdmin. Approved By Cheri Rollin. Admini5lrahveAslli5tant 0.. Commun;lyDevelopmenl& En~;'onm"nlaiS"rvice5 2f271200610,14AM Environm"nlaJSmv;oe" Appro"edBy Aim<and'aJ.Sule..ki Se"io.Env;"mm....t./lISp"oiahl Dale Cr>mm""'lyOev"IOI,ment& En\li,onmentaIS..",iC<ls Env;"'nnm..I'"'S,,,vie"9 2128120061:44 PM Approved By Wilham 0, Lorenz.Jr P,E rnvi,onm"fllaIS"."ice.Oi,,,cto, Date Communi\yOevelopmefll& bw;'""",,,ntaISNvi,:,," Envi"'nmemalS"rvice~ 2i2B./20061:59PM Approved By Comm"ni'yO..vel"pmcn\& Jo""phK5chmi\l E"vlron..'eflt.'l15"rvic",;Atimin..I'~lo' Oat.. - Comm"flityDe,,<>lopment& C()mmun;I~D"v..lo''''H'''I& En"'rE)n"'""'aISe,v,"",, Env;m"m,"'I:"I:;"'vkB",o.umin ~.'1f2Q06G;n3AM Approv~d By OMElCoomim'to, Acimi"i"trajj~"A"sisiant Oal" C",mIV M~"~\J""" OHic" onioO ,,,I Ma''''il....wnt & b"dq,,1 :ii2i200Iil0,j(lAM Approved By r~;n~ I~..d;""" f)"dn"lA'''lty''l t.w.. C,,,mty M''''''ll'''''' ()'Iii"" Oiliceorhli;OM<:j"""",IIiR"dg,,1 1i2r:'uII63;5ZPM Approved By L""r::.Och",J, DCDulyCounry [tam,,)'." O"t" BOMd<>fCou'lty ~i2',nnc ~:2(' PM Co,,,,,,,,,s'on,,,s C""~ly M"""gq,.'. Of/lee - -"-._--'--"~'._~~-~., .~~.. Agenda Item No, 16A 11 March 14, 2006 Page 3 of 25 Collier County Conservation Collier Watkins-Jones Exotic Removal Project Southwest Florida Invasive Species Working Group Contact Information Collier County Conservation Collier Program / Environmental Services Department Christal Segura, Environmental Specialist / Site Manager Alternate-Melissa Hennig /Environmental Specialist / Land Manager Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 (239)403-2495 Office (239)213,2960 Fax christalsegura@colliergov,net Method of Control Contractual Services DEP Contractor Proiect Goals This project will control the following species found within the property: Air potato (Dioscorea bulbifera). Australian pine (Casuarina spp.), Brazilian pepper (Schinus terebinthifolius). Climbing fern (Lygodium spp.), Downy rosemyrtle (Rhodomyrtus tomentosus), Earleaf acacia (Acacia auriculiformis), .lava plum (Syzygium cumin i), Melaleuca (Melaleuca quinquenerviai, and Shoebutton ardesia (.4rdisia elliptica). Agenda Item No, 16A11 March 14, 2006 Page 4 of 25 - SCOPE OF WORK Proiect Location The Watkins/Jones property is within the urban boundary of Collier County located along US 41 just south of Wiggins Pass Road and south of the Germain Automobile dealership in Section 16 Township 48 Range 25, in the northwest corner of Collier County, Florida. The Conservation Collier program has management authority. The Watkins/Jones parcel is directly adjacent to The Old Collier Golf Club, Inc.'s conservation land which is within the Wiggins Pass Estuarine System - an Outstanding Florida Water. An ecological link exists between the Watkins/Jones property and Del-Nor Wiggins State Park - both are contiguous with conservation lands within the Wiggins Bay Estuarine System. Del-Nor Wiggins Pass State Park is approximately one mile west of the Watkins/Jones property, (See MAP 1) Proiect Descriotion The 26.77 - acre Watkins-Jones property contains various native plant communities including: pine flatwoods, mangrove forest and both saltwater and freshwater marshes. The site was under private ownership until the Conservation Collier program acquired it for preservation in August 2005, No previous exotic removal has been done on the property. Work Specifications Although the entire parcel will be treated, approximately 13.5 acres of the preserve are - infested with exotic vegetation to a significant degree (50% or more exotic plant density). Invasive exotic plant species observed include: Air potato (Dioscorea bulbifera), Australian pine (Casuarina spp,), Brazilian pepper (Schinus terebinthifolius), Climbing fern (Lygodium spp.), Downy rosemyrtle (Rhodomyrtus tomentosus), Earleaf acacia (Acacia auriculiformis), Java plum (Syzygium cumini), Melaleuca (Melaleuca quinquenervia), Shoebutton ardesia (Ardisia elliptica), and banana (Musa spp,), A contractor will be hired to treat the invasive exotic plants in the preserve. The contractor will be responsible for the control of any target plants and the application of any herbicides within the designated project location, All aspects of the control oflisted FLEPPC Category I and II invasive species within the preserve, including any equipment, labor, supply, and herbicide needs, will be the responsibility of the contractor. The contractor will take precautions to avoid harming any native vegetation or wildlife. Because the vegetation is so thick and access is so difficult, the plants will be treated in place throughout most ofthe site. In order to facilitate access to the interior of the property, the thick exotic vegetation along the north and east boundaries will be cut, treated with herbicide and removed. Other requirements or provisions Exotic removal will take place mainly during the dry season; however, the dry season is also nesting season for the Bald Eagle (Haliaee/us leucocephalus), Because an eagle nest "- is present in the northwest corner of site, coordination with the USFWS will be required for treatment of exotic vegetation within the primary and secondary eagle nest zones, Exotics in the general nest area will be killed in place and left standing" (See Map 2). - ----_._~ Agenda Item No, 16A 11 March 14, 2006 Page 5 of 25 PROPOSAL INFORMATION: Conservation Land Oualification This property was purchased by Collier County with funds from the Conservation Collier Land Acquisition Program on 8/19/2005. (See Attachments A and B). Abilitv to Maintain Site After Initial Treatment The site manager will monitor the site semi-annually after initial treatment. Funding for maintenance is available within the Conservation Collier management budget. Restoration Plan for Native Plants Native plants from the site and the surrounding lands should be an adequate seed source to re,vegetate the area, Because the site is within a managed preserve, no replanting efforts are being planned at this time. Threatened or Endangered Soecies or Habitats A Bald Eagle (Haliaeetus leucocephalus)-(FFWCC and USFWS Threatened) nest currently exists in the northwest comer of the property, Roseate spoonbills (Ajaia ajaja) _ (FFWCC SSC) and Wood storks (Mycteria Americana)-(FFWCC and USFWS Endangered) have been observed on the site, The observed habitat and location would also support the presence of the American alligator (Alligator mississippiensis)-(FFWCC SSC and USFWS Threatened) and FFWCC SSC wading bird species: Little blue heron (Egretta caerulea), Reddish egret (Egretla rufescens), Snowy egret (Egretla thula), Tri- colored heron (Egretla tricoIOl), and White ibis (Eudocimus albus). The site contains saltwater and freshwater marshes, both considered unique and endangered by Collier County Ordinance 2002-63, These wetlands buffer and protect the Wiggins Pass Estuarine System, designated as an Outstanding Florida Water. Public Education Program The site was purchased as a Conservation Collier property, Passive recreation public access is an important aspect of the Conservation Collier Program, Future plans for the site after exotic vegetation removal include: construction of a boardwalk and/or trails, benches, picnic tables and educational signs containing information pertaining to both native and invasive exotic vegetation, Agenda Item No, 16A 11 March 14, 2006 Page 6 of 25 -- Total Proiect CostlBudget Based on the acreage involved (10 acres of infested uplands), total initial removal costs are estimated to be from $25,000 - $37,500 for the entire parcel, but could be more due to difficulties accessing the exotics through wetlands.. Estimated Total Project Cost = $40,000 State Funding Desired = $21,000 Matching Funds = $19,000 - The USFWS Partners for Fish and Wildlife Program Grant Award may contribute a total of$19,000 for matching funds (award announced in February). Otherwise, the matching funds will be paid out of the Conservation Collier Program Management Budget. - - ,--_._~-,_..._-,-- -_.._-_._--_.._._-~- Agenda Item No, 16A 11 March 14, 2006 Page 7 of 25 MAPl Conservation Collier Aerial Location Map ~'O~9'O'W 8"~8'O"W 25"18'O"N "t,OF'O'l.. 25',7'C''N 81 .~s ~. VI' 8"48'O"W , Legend \ , H}' I Project Location I ! Sec. Twnsp. Range i ,----.---'.---- --~._----' Folio Number 00154880008 0 1,200 2400 Feet Data Source: Parcels and 2003 aerials - Collier County Property Appraiser Created By: GIS I CDES f EnYlronmental Services G:\Conservatlon Collier 2002\ ISCRICycle2IWJZz.mxd Collier County G:\ConservatJon Collier 2002\ I$CR\CycleZ\WJ%Z.jpg Dlrte; 6.18.04 Revised 1.3.06 ,_____<,~_....._A__ Agenda Item No, 16A 11 March 14,2006 Page 8 of 25 ,.~. MAP 2 Aerial Map Watkins/Jones - , Legend -Watkins - Jones ..~.\_; Watkins/Jones property ! ., Active Eagle Nest , , , 0 500 1,000 Feel Cata Source: Parcel" and 20113 aerials. Collier County Property Appraiser Created By. GIS feDES !EnvinnmentaI5elViee$ C:\Consel'll\llltion Collier 2002\ !lf1ults\aerial.mxd Colfief Counl:tj C:\Conser-wtion Collier ZIlD2\ ,rants\aerial.j,,, Date: !.30,05 -*" -,._,"", -" -,.---- .- '-*--"".-~.- --,_. .~."--_.- . . I. I " . , II, . . , . ., ~'~ -.:. ~. !-"'~~. . ,~ ,.,.,.; :~;~:'::j; : '-~ \ii ~",% f ~, , p~" .~ t~ , .7 ... . . ""'... '. , '~ , f ~ -\~ ,.....' .;r ",,;.,;"" .... :Jl. ..' > I':_:'_"f>~~';r!i:lillllllr" .-.' If, f,f '- , ~' '1? " ).i ? ~-:::>" <f!i~ "'-..:.. \ft0."" c.'''''''-'' J'{' t Hi_ ~,:<<~,i~; , , - , . -, '. . .. . . .' . , It. . ... . . #'< . ~ . . .. .. . ., 0 . . Agenda Item No, 16A 11 March 14, 2006 Page 11 of 25 Attachment A EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Michael E. Watkins, Henry B, Watkins III, and Timothy G. Carroll, Trustees, D. Brooks Jones, and Gloria 1. Bordenfor 26.77 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,178,000. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Michael E. Watkins, Henry B. Watkins III, and Timothy G, Carroll, Trustees, D. Brooks Jones, and Gloria J. Borden (Sellers), CONSIDERATIONS: On January 25, 2005, Agenda Item 10D, the Board approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II _ Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program, The Sellers' parcel contains 26,77 acres and is located on the west side of U.S. 41 approximately one-half (1/2) mile south of Wiggins Pass Road, This parcel buffers the Wiggins Pass Estuarine System, which has been designated by the State of Florida Department of Environmental Protection as an Outstanding Florida Water. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $2,160,000 was based upon the average of two independent, state-certified general real estate appraisers. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by Sellers, the County will pay Sellers $1,000 in liquidated damages, The CCLAAC approved this transaction on May 9, 2005, and voted to recommend Board approval and execution of the attached Agreement with the contingency that staff assure that the property has legal access and that a survey be secured if necessary, Staff has determined that the property adjoins U, S, Highway 41 right-of-way and verified with the Florida Department of Transportation that a curb cut would be allowed to provide access to the site, Staffs opinion is that we do not need a survey for this property at this time, and that the concerns about access raised by the CCLAAC have been resolved. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith, The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not exceed $2,178,000 ($2,160,000 for the property, $5,500 for the appraisals, $2,500 for the Phase I Environmental Site Assessment and approximately $10,000 for the title commitment, title Agenda Item No, 16A 11 March 14, 2006 Page 12 of 25 - policy, and recording of documents), The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of May 9, 2005, property costs for all Conservation Collier properties, including this property and other properties under contract, total $31,142,150, EXECUTIVE SUMMARY Conseryation Collier - Agreement for Sale and Purchase - Watkins Page 2 GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.I(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan, LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program, The process for acquiring this property falls within the legal framework of Ordinance 2002- 63, RECOMMENDA TION: Staff is recommending the Board of County Commissioners: - 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3, Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acauire the propertv. to follow all appropriate closinl! procedures. to record the deed and anv and all necessarv documents to obtain clear title to the propertv. and to take all reasonable steps necessary to ensure performance under the Al!reement: and 5. Approve any necessary budget amendments, PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services I Facilities Management Department - -- .~-,-_._._._.- ---~. -_.". Agenda Item No, 16A 11 March 14, 2006 Page 13 of 25 Attachment B -- . 36824i1l OR: 3871 PG: 3153 IICQ1/lID it IlL UCfJID5 of C1IIJ.IIlCOum, PL CONSERVATION COLLIER 1II11121OS It U:5W HIe I. BIOCI, eLlu Property ldenlllication N<lmber: 00154680008 CO," mom.ol ue !II 16.51 PTe...."ed b'~1t fl.'''' aOC-.TO lH2UD ~~~.T~~... Cou~t)' ~tto"l'l*' carm 10.00 ~ )301 E.,t T...t..1 Trl11 leta: ....,... FlodOa 34l1Z UlL IlTAn nWICII I (941) 714-&400 ImlOfllCI "V IM:CIlDfIU WARRANTY DEED THIS WARRANTY DEED is made this ~ day of ~~ 2005, by MICHAEL E, WATKINS, HENRY 8, WATKINS 1\1, A TI THY G, CARROLL 8S Trustees under a trust instrument signed June 15, 1994 by MARY C. WATKINS, 8n undivided one half Interest, whose address is c/o Michael Watkins, Naples Golf & Beach Club, Inc., 851 Gulf Shore Boulevard North. Naples, Florida 34102, (hereinafter referred to as "Grantor"), to COLUER COUNTY, a political subdivision of the State of Florida, Its successors and assigns, whose post office address is 3301. Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein lhe terms 'Grantor" and 'Grantee' inClude all the parties 10 this instrumenl and Iheir respective heirs, legal represenlatiwes. successors end 8ssigns.) WITNESSETH: That the Grantor. for and in consideration of the sum of Ten' Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants. bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See At1ached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is law1ully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the tille 10 said land and wiil defend the same against the lawful ciaims of all persons whomsoever; and that said land is free of aO encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor Ilas signed and sealed lhese presents tile day and year first above written. ~re) tv.::JL.1~\~ MICHAEL E. WATKINS, as Trustee under a trust instrument signed June Name: 15, 1994 by Mary C. Walkins I I Wit ss (Sign~ture) THIS COHYEVAHCE ACCEPTED IY THE I Name: \\,~ \A,"""\.IJL. BOARD OF COUNTy COMMISSIONERS COLLIER COUNTy. FLGaIDA . (Print or Type) PURSUANT TO AGENDA . OATED: $11.,'1.1 e"i InH NO, ~ \ (DEEDS) -~-------- ---,------,_.. -~-,--~~ . .: 3871 p(t.l]~~em No. 16A11 arch 14, 2006 Page 14 of 25 -, STATE OF J~1~; COUNTY OF ) The foregoing Warranty Deed was acknowledged before me this .1!!:.... day of ~'~ ' 2005, by Michael E, Watkins, as Trustee under a lrust instr enl signed June 15, 1994 by Mary C, Wetklns, who is personally known to me or wRQ !:IMr prnrh 1"&Ild as ieJ.n .lir;""Ql;UI \. (Affix notarial seal) ~ (Sign ture of Notary) I -- . JAN DEAl (Print Name of Notary) Notary Publ~ - StDl II FIorIU Commission # 7JDDQ."Q II . . MrCcmI'lilllian~"":a.- Commllllon . DD 011111 My Commission Expires: 3/.3/06 8onOed By Ndar\III Notary AauI. ~ HENR 8. WATKINS III, as Trustee /, . under trust instrument signed June Name;1f:lV~ \1A,((\~ 15, 1994 by Mary C, Watkins (Print r Type) -- Name; /'" ' IJ -!h4~ / (Print or Type) STATE OF J~ COUNTY OF Clittt pJt.) regoing Warranty Deed was acknowledged before me this /.5 J'fI.-day of , 2005, by Henry B, Watkins III, as Trustee under a trust instrumen signed June 15, 1994 by Mary C, Watkins, who is personally known to me Sf- -vvllu llc;:) 1-'16eJuI.,.l::I'J -OJ idcRtificc!ltioll. (Affix notarial seal) ~u 8eW (Sign~ure of Notary) . JAN oEAS t:! 1"\ J.::l<. n c., HotIry PuDllc. SIatIl '" FIoriOI (Print Name of Notary) . . MyComrnill.o1E1ipirM........ CDmmllllon If DD 0"'11 Commission # "DD Bonded 6)' NalloRal Notary Men. My Commission Expires; -, ..~_.- -~-".-..-- . .: 3871 PG!leM9t,em No, 16A11 arch 14, 2006 Page 15 of 25 '(]) plmta/J 1/6?~ Witness (Signature) Name: "JJtAJ6A-. A, fartZZ-- ~ Witness (Signature) Name: S~" fJ( gCc-1-4- (Print or Type) STATE OF !~ ,-(,vOIS COUNTY OF (WI( The foregoing Warranty Deed was acknowledged before me this ~ day of ' , " ~~- , 2005, by Timothy G, Ca€iII,-,2S. _Trust!!!!, ~[!g~r_ a trust instrument signed June 15, 1994 by Mary C, Watkins, 'ho is personally kQowrUQ mlior who has produced as identification, .- , \ ,) (Affix notarial seal) l~Cd~ (~nature of Notaryf--:: ' '0 "OFFlC'l AL SEAL" _~ILL b. t"-e),")~ Cathcr:i.;: O. Penney (Print Name of Notary) NoW}' Public. Stale cf lllinoi1 Commission # J' -, My Commiuion Exp. ()]/H1!2007 My Commission Expires: J),~~ t I ~7 ---'--- . tI: 3871 P~~e~ba~tem No. 16A11 March 14, 2006 Page 16 ot 25 - EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 00154880008 LEGAL DESCRIPTION: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST 1/4 LINE OF SAID SECTION 16, SOUTH 88'07'17" WEST, 3,14 FEET TO THE INTERSECTION OF SAlb 1/4 LINE WITH THE TANGENT TO THE CURVE OF THE EAST RIGHT-OF-WAY LINE OF U,S. 41 (SR-90-TAMAIMI TRAIL); THENCE ALONG SAID TANGENT AND ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH 01'00'30" EAST, 1744,3 FEET; THENCE SOUTH 88'59'30" WEST. 150 ,0 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID U,S, 41 FOR A PLACE OF BEGINNING: - THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 01 '00'30" EAST, 945,85 FEET TO THE SOUTH LINE OF SAID SECTION 16; THENCE ALONG SAID SOUTH LINE SOUTH 89'13'26" WEST, 1238,41 FEET TO THE SOUTHEAST CORNER OF GULF HARBOR AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID GULF HARBOR NORTH 00'42'36" WEST, 940,84 FEET; THENCE NORTH 88'59'30' EAST, 1233,52 FEET TO THE PLACE OF BEGINNING BEING PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16, CONTAINING 26,77 ACRES MORE OR LESS - Cons.ervahOllCollier_WatkinslJone$ ~._---,- ---.". . ,: 3871 PG: 31J.7 Agen a Item No, 16A 11 CONSERVATION COLLIER March 14, 2006 Proper1y Identification Number: 00154880006 Page 17 of 25 preplred ~t~ 1 \. Es.qtI\rt: El h.n T ~ the Count.)' AttOf"1'eJ Of'f\C.- T 1'" T1"l'" 33)1 East" 1% norida 341 lIP'.'" (941) 114-8000 WARRANTY DEED THIS WARRANTY DEED is made this ~ day of Jurt'> 2005, by D. BROOKS JONES, en undivided one helf Interest of en undivided one helf Interest, whose address is 82 Compo Mill Cove, Westport, Connecticut 06880, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a politicai subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"), (Wherever used herein the terms "Grantor" and MGrantee" include all the parties to thiS instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dailars ($10,00) and other valuable consideration, receipt whereof Is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, ail that certain land situate in Coilier County, Florida, to wit: See Attached Exhibit "A" which is incorporaled herein by reference, Subject to easements, restrictions, and reservations of record, THIS IS NOT HOMESTEAD PROPERTY, TOGETHER with all Ihe tenements, hereditaments and appurtenances thereto i , belonging or in anywise appertaining, I TO HAVE AND TO HOLD the same in lee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfuily seized of said land in fee simple; that the Grantor has good right and lawful authority to seil and convey said land; that the Grantor hereby !uily warrants the titte to said land and will defend the same against the lawful claims of ail persons whomsoever; and that said land Is free of all encumbrances except as noted above, IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written, ~~ :1:0 CONVE'r'AHCE ACCrPTID I'r' THE COLlIE~FC=: ;:!'J:::IONERS. PURSuo\NT TO AG(NDA . OATE"DI ~7.:b4J/l"i In.. NO. In 8 , -". ,~.~~',.-.;'~ ----- . a: 3871 pG.tie;}1i8Item No. 16A 11 March 14, 2006 Page 18 of 25 g~~ET$~F ~~~\f(lIT The foregoing Warranty Deed was acknowledged before me this ~ day of "JI~ , 2005, by D, Brooks Jones, who is personally known to me or who has produced C T Dri<~rs Llc.f'f\".t' as identification, (Affix notarial seal) ....' -..' ....;,... ,'i.:"'<!"",':'-;,,'H'.,' ...... (Print Name of Notary) '-' ,,"~"''''':'''''.., ,,' .--,. ~"-Y""'-I,."',:"" Commission II .' ~ '" ,,} . My Commission Expires: . .'. ~ '-.- -,)-:"., .;1~~;:;":1~ 'My Commission Expws ~31. 2010 ~ --''''''':'';::~~:Z-;..;;~;",-''''''t !:;U" to fom ~lC'~' [;PI'O ~ V ' ~sslst.nt Count1 ~ttor.e1 -, Ellen T. Ch....ll - . _.._~ ......- . e: 3871 pG-iJ'81~ltem No. 16A11 March 14, 2006 Page 19 of 25 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 00154880008 LEGAL DESCRIPTION: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 16, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST 1/4 LINE OF SAID SECTION 16, SOUTH 88'07'17" WEST, 3,14 FEET TO THE INTERSECTION OF SAID 1/4 LINE WITH THE TANGENT TO THE CURVE OF THE EAST RIGHT-OF-WAY LINE OF U,S, 41 (SR-90-TAMAIMI TRAIL); THENCE ALONG SAID TANGENT AND ALONG SAID EAST RIGHT.OF,WAY LINE, SOUTH 01'00'30" EAST, 1744,3 FEET; THENCE SOUTH 88'59'30" WEST, 150 ,0 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID U,S, 41 FOR A PLACE OF BEGINNING: THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 01'00'30" EAST, 945,85 FEET TO THE SOUTH LINE OF SAID SECTION 16; THENCE ALONG SAID SOUTH LINE SOUTH 89'13'26" WEST, 1238.41 FEET TO THE SOUTHEAST CORNER OF GULF HARBOR AS RECORDED IN,PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID GULF HARBOR NORTH 00'42'36" WEST, 940,84 FEET; THENCE NORTH 88'59'30" EAST, 1233,52 FEET TO THE PLACE OF BEGINNING BEING PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16, CONTAINING 26,77 ACRES MORE OR LESS Conserva.tionCollier-WlltkioslJOOl:$ '_'_',,,~~",.-,.,,.,,." . .' 3871 P6~eg~6~em No. 16A11 CONSERVATION COLLIER ' arch 14, 2006 Property Identification Number. 00154880008 Page 20 of 25 -,-- Prepared by: Ellen T. Chadwell. E~'re Office of the C':luntl Attorntl 3301 Eut T_'\~..1 Trail Hopi... FlorIda 34112 (941) 714-8400 WARRANTY DEED THIS WARRANTY DEED is made this ILl n.. day of JVf)e. , 2005, by GLORIA J. BORDEN, 8n undivIded one half interest of an undivided one half Interest, whose address is 7 Madison Street, Princeton, NJ 08542, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida. 34112 (hereinafter referred 10 as "Grantee"), (Wherever used herein the terms -Grantor" and "Grantee" include all the parties to this Instrument and their respective hairs. legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10,00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit 'A" which is incorporated herein by reference, Subject to easements, restrictions, and reservations of record, THIS IS NOT HOMESTEAD PROPERTY, -, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said iand in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the titie to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted ebove, IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written, AfM-J42^~ ~~J. ~ 'Witness (Signature) GLORI J, BORDEN Name:4~~~ (Print or Type) THIS CONVEYANCE ACCEPTED IY THE Name: AtY:i-.8.A r), 8.J. PcP BOARO OF COUHTY COMMISSICllEIS COlLIER COUNTY FLORIDA . (Print or Type) PURSUANT TO AGENDA . DATED: ~?~-":/,'-f rnM NO. /IJ L~ ,-'- -- --- - ._-~,..__..,.. _~"'-".__A --~.~.- .._-~, - - e e. 3871 pmg~ Item No. 16A11 · · March 14, 2006 STATE OF NeuJ~eose,~ Page 21 of 25 COUNTYOF ~ e'C<.e The foregoing Warranty Deed was acknowledged before me this ~ day of ~ I v 1\1 e " ~05, by Gloria J. Borden, who is personally known to me or who has produced t) <:, AoCh"m('""\- as identification. (Affix notarial seal) (~~ryl Jt)tJNAL ~ (Print Name of Notarg Commission # ~~ J ()"";f 2- My Commission Expires: ," KAHNAlPATB. " IOTAAY PlJBUC Of NEW 8SiV .,,~ EXPilEI.lUflEII... ;~ as to for'lll ~1 .1lf"ciIllCJ _ 'l-A..- t:l '.I!h~ Assistant County Attorney Ellen T. Chao.ell ,,- - . -- ._."-~"-'--""--"'-'~"" ,~-""-~~.,..,.._-"--.,,,---_. "----- . ***.' 3871 pf}~e~~&~<tit-J016A11 , arch 14, 2006 Page 22 of 25 - EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 00154880008 LEGAL DESCRIPTION: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST 1/4 LINE OF SAID SECTION 16, SOUTH 88'07'17" WEST, 3.14 FEET TO THE INTERSECTION OF SAlb 1/4 LINE WITH THE TANGENT TO THE CURVE OF THE EAST RIGHT-OF-WAY LINE OF U,S. 41 (SR-90-TAMAIMI TRAIL); THENCE ALONG SAID TANGENT AND ALONG SAID EAST 'RIGHT-OF-WAY LINE, SOUTH 01'00'30" EAST, 1744,3 FEET; THENCE SOUTH 88'59'30" WEST, 150 ,0 FEET TO THE WEST RIGHT,OF-WAY LINE OF SAID U,S. 41 FOR A PLACE OF BEGINNING: -, THENCE ALONG SAID WEST RIGHT-OF,WAY LINE SOUTH 01'00'30" EAST, 945,85 FEET TO THE SOUTH LINE OF SAID SECTION 16; THENCE ALONG SAID SOUTH LINE SOUTH 89'13'26" WEST, 1238.41 FEET TO THE SOUTHEAST CORNER OF GULF HARBOR AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID GULF HARBOR NORTH 00'42'36" WEST, 940,84 FEET; THENCE NORTH 88'59'30" EAST, 1233,52 FEET TO THE PLACE OF BEGINNING BEING PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16, CONTAINING 26,77 ACRES MORE OR LESS -, CoD5erValion Collier - WatJciDslJoocs -"-------------- ,---~." 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Iii '" ..J. .u '0 L .L .L z - -." ...- - . - -~,- --"--- Agenda Item No, 16A 11 March 14, 2006 Page 25 of 25 Project Title and Site Manager: Upland Invasive Exotic Plant Removal Reimbursement Program Budget Worksheet - (include only in~house salaries and materials) Item Hourly rate In - Kind DEP Cost Salaries - (include name/title) (include Fringe Benefits) Hours Contributions Reimbursements Salary Cost Equipment (include description)supplied Unit Cost Quantity Equipment Cost Equipment (include description) - rental Unit Rate Hours/DaylWeek Equip. Rental Cost Supplies/Materials (include description) Unit Cost Quantity Herbicide Expendables Supplies/Material Cost Miscellaneous (include description) Unit Cost Quantity Admin. Costs/overhead (in-kind only) non-eligibJe Travel other control site (in-kind only) non-eligible Miscellaneous Cost #1 Total of In.Kind Contributions -$ (enter at #1 on Budget Justification form) #2 Total Cost Reimbursement_$ (enter at #2 on Budget Justification Form) Agenda Item No, 16A 12 March 14, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to authorize the County Manager or his designee to submit a grant application to the Florida Department of Environmental Protection Bureau of Inyasive Plant Management (BIPM) for contractor services to fund invasive exotic vegetation removal on the Conservation CoUier McIntosh Property. OBJECTIVE: To have the Board of County Commissioners (BCC) authorize the County Manager or his designee to submit a proposal to receive state contractor services from the BIPM for the removal of the invasive exotic vegetation on the Conservation Collier McIntosh Property, CONSIDERATION: The Upland Plant Management Section of the BIPM funds individual invasive plant removal projects on public conservation lands throughout the state. If the grant is received, the BIPM will pay state contractors for work that will be perfonned on the McIntosh property. No funds will be transferred to Collier County. Staff anticipates that a formal agreement between the BCC and the State will be needed before the project can proceed, Once an agreement is finalized, staff will return to the BCC for formal acceptance of the grant award and execution of the agreement. FISCAL IMPACT: The maximum total cost of the project is estimated at $70,000. Collier County is requesting from the BIPM $50,000 in funds for exotic vegetation .-. removal. The County will provide a $20,000 cash match for the project if needed. The $20,000 County cash match will be drawn from the Conservation Collier Land Management Budget. GROWTH MANAGEMENT IMPACT: This proposal supports Objectives 6,2 and 7.3 of the Conservation and Coastal Management Element of the County Growth Management Plan, which require the County to protect and conserve wetlands and the natural functions of wetlands and continue to implement programs that conserve and protect endangered and threatened wildlife species, RECOMMENDATION: Recommend that the Board of County Commissioners authorize the County Manager or his designee to submit a proposal to receive state contractor services from the BIPM for the removal of the invasive exotic vegetation on the Conservation Collier McIntosh Property and return to the BCC for final grant approval. PREPARED BY: Christal Segura, Environmental Specialist, Environmental Services Department ,~-.. Agenda Item No, 16A12 Marcr-, 14.2000 Page 2 of ~2 COLLIER COmiTY BOARD OF COUNTY COMMISSIONERS 1I11mNumbllr; 16At2 ,-'.' ItllmSummary; Rac(lmrllf;n<)Btiofl !(lHUlhorite th", County Man~g&r (lrhlsdasigJll'll 10 SUbFllll~ grant <lpplicalionlr,the Flonda DB1"'r1m"nt of Environmental Prol&Ghcn Bur",au oi Invasi\f& PI::lnt Manag...mafllIBIPM) tor contractor servir;ilS II, Jund invasive &~oO(; vegelWifm rernovfll Gn the C(mservilti,,~ Colliar Mcintosh Property (:;50.000) MeellngDlII.: 3/14120lJ5 (l Do'rlQAM ApprovcdBy Sl>ndrl>Le. Executive SlW"'t~ry Oale Cum""unlly O~valupm"nl & Comm"nltyDnvalopn'0nl& EnvironmnnllltServ;ce" Environm&nlal SefVtC&a Admjn. 212312CD61:24PM Approved By CunQt~"c"A.J"lm$<>n Opmation~ "'''~Iy" D"-oo CommunilyO"v"tol,m"nt& Community Oevelopm(>nt & Envir(mmon!aISorvieo~ Envj""nml>"tal S",."lcI>s "'llmh,. 2124120064:41 PM Approved By Wilh"", D.loron~. Jr !>.E. t:."vlto"n"'''li!lIS",vjc..~Dlmct<>' O.m Com,mmilyO<lv"lop"",nt& Envi'onme"laIServlcea 212612ll<J63:49PM EnvironmDnmtS..tvICD$ Approved By AlexandraJ. Su~c~i S..niorEnvi'onm..ntaISpaciaIIM Dale CommunilyDevelopm.."I& E,,,/lronm,,,,taIS""'>'icell 2J211120061,44PM E"vironmenlaISetv;ce" Appro,>,edBy CommunilyOevalop",,,nl& Ju""pn K. S~I'mltl E"v;ronm..nti!liS..rvic"~Acl,"i"~lralor O.m C<>mmunityO<lvol"p"..."t& C<>",mun,tyO"v.,lop"wnt& 312,'2006G:(}1AM EnvironmeniaISetvic"" [',wironmentaIS..rvie""Admin ApprondBy OM8Coorci""I<>r Admi"istratlve^""IGll",1 Dam CO""ly Ma"""er'~Off'ca QfficecrfMan"oement&8ullgel 31""200610:11 AM -" Appro\'cd B}' MMklseekson BUQ(1"'tAnaly't (hie C"untyMan""e,."Office Offic~"fM"nag~menl & Budget 3,'212005 3'~3 pr~ ApprovcdB}' L"QE.Och".J' Uqwl.y C"U~I,. M""~H'" [lill,' B<l~rGl>fC("mly C<ln"T"'H;W""'~ C"UhtV Manng~"~ Offic~ JJ2,':!OOG 3,56 PM ,- -~.._._-- _._~._._._, Agenda Item No, 16A12 March 14, 2006 Page 3 of 12 Collier County Conservation Collier Mcintosh Exotic Removal Project Florida Bureau of Invasive Plant Management Florida Department of Environmental Protection Contact Information Collier County Conservation Collier Program / Environmental Services Department Christal Segura, Environmental Specialist / Site Manager Alternate-Melissa Hennig /Environmental Specialist / Land Manager Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 (239)403-2495 Office (239)213-2960 Fax christalscgura@colliergov.net Method of Control Contractual Services DEP Contractor Proiect Goals This project will control the following species found within the property listed in order of abundance: Melaleuca (Melaleuca quinquenen'ia), Brazilian pepper (Schinus lerebinlhifolius). Java plum (Syzigium cumin/), Earleaf acacia (Acacia auriculiformi,j. Downy rosemyrtle (Rhodomyrtus lomenlosa), Air potato (Dioscorea bulbifera) and Climbing fern (Lygodium spp.). Agenda Item No, 16A12 March 14, 2006 Page 4 of 12 "-", SCOPE OF WORK: Proiect Location The McIntosh property is located within the urban boundary of Collier County and consists of two (2) contiguous parcels located at the NW corner of the intersection of Pine Ridge Road and Logan Blvd, in Section 16 Township 49 Range 26, in Collier County, Florida. The total acreage in these undeveloped parcels is 7.49 acres; however, the Transportation Department has partnered with Conservation Collier to buy road easements in the amount of 1.80 acres, leaving a total of 5.69 acres for conservation, Conservation Collier Mcintosh Trust Aerial Map - , Legend - Mcintosh Trust H}I FLN 38391000008 I 38391080002 0 200 400 800 Feel Dete liource: ~.tc:.l. & Aerial.. Coli". Co..nry P.......l1y Appro'.., ('bifTer l~~~nlty C....t....ytGIS ICDlili I Iiny............t.1 S.rvi",.. >- O'ICon..rv.t..... Coil;', 2002\ ISCR\Mclnto...\Mc:lnto.h1...."ised.m... G,\Con..rv.tion Coil!.. 20021 ISCRIMlOlnt_h\Mclnt....h1.revi".d.jpg O"t., 1129106 -....._- - . _0__..-- Agenda Item No, 16A 12 March 14, 2006 Page 5 of 12 Proiect Description The habitat within the McIntosh property consists of a seasonally wet Cypress/Pine/Cabbage palm ecosystem heavily infested with Melaleuca, Other invasive species found within the property listed in order of abundance are: Melaleuea (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), Java plum (Syzigium cumini), Earleaf acacia (Acacia auriculiformis), Downy rosemyrtle (Rhodomyrtus tomentosa), Air potato (Dioscorea bulbifera) and Climbing fern (Lygodium spp,), Work Specifications The exotics will be removed by mechanical removal methods on the majority of the property due to the heavy infestation of Melaleuca. In a few small areas where exotic coverage is less dense, the invasive will be removed by hand removal methods only or killed in place using basal bark treatment and or girdling. These areas of hand removal will be flagged off by the site manager. The contractor will be responsible for the control of all target trees and seedlings and the application of any herbicides within the designated project area. All aspects of the control of exotics on the Conservation Collier property, including any equipment, labor, supply, and herbicide needs, will be the responsibility of the contractor. Proiect Time Frame The project must be completed during the latter portion of the dry season (normally late March - early June). A South Florida Water Management District Environmental Resource Permit or Permit Exemption will be obtained prior to the start of the project. PROPOSAL INFORMATION: Conservation Land Qualification This property was purchased by Collier County with funds from the Conservation Collier Land Acquisition Program on 10/14/05, (See Attachments A and B), Abilitv to Maintain Site After Initial Treatment The site manager will monitor the site semi-annually after initial treatment. Seedlings will be pulled or treated with herbicide. Funding for maintenance is available within the Conservation Collier budget. Restoration Plan for Native Plants After initial exotic removal and follow-up treatments, natural recruitment to the site will be monitored for one year. The type and degree of restoration necessary will then be determined based upon the amount and variety of re,established native vegetation. Public Education Program The site was purchased as a Conservation Collier property. Passive recreation access for the public is an important aspect of the Conservation Collier Program. Future plans for the site after exotic vegetation removal include: construction of pervious trails and installation of benches, a picnic table and educational signs containing information pertaining to both native and invasive exotic vegetation, Agenda Item No, 16A12 March 14, 2006 Page 6 of 12 - Total Proiect Cost/Budget The initial cost of exotic removal is based on a verbal estimate provided by a contractor who routinely contracts with the State DEP for exotic removal (Mr. William Hodges with Arbor Tree and Land, Inc.), Without viewing the site, he estimated a maximum cost of$IO,OOO per acre for mechanical removal. The Conservation Collier program has a limited amount of management funding available to assist in the removal of the exotics, According to the above estimate and based on the acreage involved, total initial removal costs would likely range from $50,000 to $70,000 for the entire project. Estimated total project cost = $70,000 State funding desired = $50,000 Collier County match = $20,000 ,- - '_.0__. Agenda Item No, 16A 12 March 14, 2006 Attachment A Page 7 of 12 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Ross W. McIntosh, as Trustee, for 4.95 acres under the Conservation Collier Land Acquisition Program, and ],826 acres for Transportation Right-ol-Way, at a cost not to exceed $844,000. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Ross W. McIntosh, Trustee, for PRlL Northwest Land Trust (Seller). CONSIDERATIONS: On March 22, 2005, Agenda Item 16A9, the Board approved an amended Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II - Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program, The Seller's parcels contain a total of6.78 acres and is located on the northwest comer of Pine Ridge Road and Logan Boulevard. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $830,000 was based upon the average of two independent, state-certified general real estate appraisers. The Transportation Division is partnering with Conservation Collier on this purchase. Transportation is acquiring 1.826 acres which includes existing and additional rights-of, way for Pine Ridge Road and Logan Blvd, Based upon the two appraisals, Transportation will be paying $118,017, Conservation Collier will pay the balance of $711,983 for 4,95 acres, The Seller will sign two deeds at closing, one for Transportation and one for Conservation Collier. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by Seller, the County will pay Seller $1,000 in liquidated damages, The CCLAAC approved this transaction on August 8, 2005, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMP ACT: The total cost of acquisition will not exceed $844,000 ($830,000 for the property, $6,500 for the appraisals, approximately $2,500 for a Phase I Environmental Audit, approximately $5,000 for the title commitment, title policy, and recording of documents), Funds in the amount of $725,900 will be withdrawn from the Conservation Collier Trust Fund (172). Funds for the Transportation portion will be withdrawn from Transportation Gas Taxes and Transportation Road Impact Fees in the amount of $118, I 00 ($118,017 for the right-of-way and $83 for recording of documents) from the Santa Barbara Boulevard (from Davis Boulevard to just north of Pine Ridge Agenda Item No, 16A 12 March 14, 2006 Road), Project #62081, Source of funds for the Transportation portion are Gas Taxes li'1ide 8 of 12 - Road Impact Fees, As of August 9, 2005, property costs for Conservation Collier properties, including this property and those under contract, total $34,114,633, EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Mcintosh Tr. Page 2 GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan, LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program, The process for acquiring this property falls within the legal framework of Ordinance 2002- 63. RECOMMENDATION: Staff is recommending the Board of County Commissioners: ,- I. Approve the attached Agreement and accept the Warranty Deeds once they have 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 processing of related vouchers and Warrants for payment; and 4. Authorize the recordine: of the deeds and anv and all necessarv documents to obtain clear title to the propertv: and 5. Approve any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department - -~..'--- ,-" .,~_u~.,.__ __ _~______M' ~_ ,^.goF1sa Item ~J8. Hi^l~ ~~~'~L rhA .~~~LJ~~50 L~^~~r ~L~n~("^~ M~~4,2006 ~t,63' LA ," ( ~ P 62_~ "(PLAT) - ~ N.O~~~~f!"w. I I I ~(J8.'T' (PLAT) I) ,.5 :'1:1 GRAP~:~" SCAlE: 2011 ~ll! i5~~'" GOLDeN GATE: ESTAT[S UNIT 34, - ",~"!!l PLAT BOOK 1, PAGeS 23 ij-~~ ;o>lB~ !~~~ ~ -=<~ f:g ;:e; .... I ~ 15 I ~ mACT 15 '" ~ L[SS THE "tl ll! PINE RIOGE ROAD lS ~ Z p,o.w. e I .. :. ~ 76,7 76 ..... ~ v. ". ~~ ~ ~ 1 ., <;') ~ '" "", PROPOSED PERPE7/JAJ. .. :., NON-EXCLUSIVE ROAD Q R.o. Wo. DRAINAGe, ANO ) ~ U1TUTY EA5ENENT Sf, 187 SQUARC FEET PROPOS / P,O.w. EASEM}NT~ 00 ll'T7"W. 19..'0' ~ -, . I - ~ ~ . . ~ ~ s t;;," oN I S.00"28'T7~r. .J08,7,3~' P. 0 B' E'XISnNG !:la' EA MEN! ~~... F"ORR,OWPUROSCS LOGAN I ' : ~~ rpt.. PLA T BOULEV'ARD Ex/snNG so' EA~MENr .M. p, 0 C. FOR RO.Jot': PUR. D5!S N.;. CORNER (pm PiA 7] I OF TFlACr 15 t ~ 79 r 78 -"- -"7;-" ~;; lEGAL DESCRIPnON: SEE' SHEET 20BA \, "\..,,,);:9 c.,.; ... NOTA 'SURVEY ... ('. .~. -:.", PREPAR€O 8Y' " , LEGEND, ,/ t--.."'-'""'-',, "'-''''-'''I f{/fiJ.N'i"SEMENr l.ANe. T R. p on ,~-SUR~ Ii" MAPPER V~.....~ ~~g~OWfS[MENT FLOfflDA R~CISTRA f....S.'5E~Y~. R.O.Wo 12 R'JGJ.lT Of' WAY NQr VALID uNLtss'SfGNE:O BY THe SURllE"l"OR /iND "_Jur-...~tI/oI_I"ff P. O. 8. = f"OINT OF BeCINNlNG SEAf....~D WITH THe SURvrYOR'S(MBOSSCO SEAL. ~~~,pPl;~f.e.'~-In:1r P_O.c. _ POINT OF COMME:NC~MCNT CcRFlFfC;A7~- OF AutHORIZAnON" LB-.J S'fSrr:II/'<)ftO)'-n._..~d'..n;roIl'. ~"OJ~'C' NO.; 6208' _eeL NO., ZOB "'UE:N'T, COLLJEFt COUNTY TRANSPORT AnON. ~-' 6 M-lJfl _.'.-- DJGlNEERINC ~ CONS7RUCTlON MANACEWENT DIVISION '...S'.... f. e'T ,,~, SKETCH OF DESCRIPTION ..~ ...., .j B€ING PART or TRACT 1~ ~.~ '___''''''''::''.L'''--~.'~IIo>nC~r. caLD~N GATE: rSTAT€S VNrt J4, PLAT BOOK 7. PACE; 23. WJ~. 6w. r 8 COLLIER COUNTY; FLORIOA ,.., . .PIr1...... ........ . 8'tlll:tlbl .1_ 1M.1[; PAO./l!:Cl NO.: SHED NI.I"'SDI: "l~& ...0.: --'l.....__.~IMa~._~.....MtW.51If.*'!>-Qo..........,..._ 0"/2002 Nt$022-002-010-TOHWP 208 OF X)(;:( 00-203 NO" ''t. ;>OC::: - OP,Ol;,O& LMIL'--E:I'II>::\$;UFl\t'6022\S...\<;;t. 01 D...."dpll""~\5L1b...,,Ht...<,.\l'ilQ.2Q~..20e.....-g Agenda Item No, 16A12 Attachment B March 14, 2006 (Deed) Page 10 of 12 ."-- ., -_.~- f-.'2J CONSERVATION COLLIER . ' 37'08 OR: 3911 PG: 3610 Property Identification Number: 38391000008 &. 38391080002 RBCORDJDinOllICULRlCOIDSofCOLLlIRCllUITl/lL 10/1412005 at OI:31All DVIGU,. J. BRDCl, CLBU CORS 1119&3,00 Rlcm H,OO D()C.,1G B84.011 Prepared b)'l coms ),00 E1\.1'I T. ChaMl1, Esct\lire Re.tn: Office af the Count.. Attorne)' llBALUUUURVICIS 3301 Eut. T.f..' Tn i1 BlTmllcIIIDI Naples, Flori. 34HZ {"II 774-0400 WARRANTY DEED nmoPlIO "'- ~~ T~{S WARRANTY DEED is made this ~ day of 2005, by ROSS W. MCINTOSH, AS TRUSTEE UNDER THE PRL NORTHWEST LAND TRUST AGRE;EMENT DATED APRIL 1, 1986, whose eddress is 720 Goodlette Road North, Suite 303, Naples, FL 34102-5656, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address IS 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as ~Grantee~). (Wherever used herein the terms ~Grantor" and "Grantee" include aU the parties to this instrument and their respective heirs, legal representatives, Successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10,00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and " confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: - See AttaChed Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. L/L../. -;.,/'4'- 8Y~~ ROSS W, MCINTOSH, as Trustee under (Signature) the PRL Northwest Land Trust Agreement r.....v> I..... ,<; dated April 1 , 1986 I-b.lS ~ (Printed Name) ~L_.0 THIS CONVEYANCE ACCEPTED ~r THf .GAIIO Of' COUNTy COHHISSIOHERS ;(Sig e) COI.LIl'I COUNTY. FLORIDA, . - ~DA. Suzanne Howard DATED, ] ~ITEM NO. I(~ ri( /7) (Printed Name) " . _ .n. ...___"____.._.. .--..-...-. ....-...--.. --...-... ----~~ -- e Ie A~enda Item No. 16A 12 OR: 3911 G: 300~rch 14,2006 age 11 of 12 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me this 23rd day of SEPTEMBER . 2005 by Ross w. Mcintosh, as Trustee under the PRl Northwest land Trust Agreement dated April 1. 1986, who is personally known to me or who ha~ produced as identification. .. ~~ (affix notarial seal) ra of Notary Public) SUZANNE HOWARD ~ SUZANNE ItOWNIO (Print Name of Notary Public) I ! MY COMIAlSSION , DO 254804 NOTARY PUBLIC ' . EXPIReS: NoYetnbIr 6, 2001 I fJondIdnwu....I)'P~UflciIrwr."1 Serial/Commission #: / My Commission Expires: /1/ ~b,hO()7 / Approved 45 to fOMl , 1.,.1 JUfffc1encJ JA/AV ~~- _ ~ .sslstant Countl Attorney -, Ellen T. C~ll .. -, -~-- --------------- .....,,-~- ------,"------,-.-~ - -----~~ ~----~-- . _~____u____~_____~___~_..._ . . ~enda Item No, 16A 12 ; * OR: 3911 G: 361!~r<M*4, 2006 age 12 of 12 " EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 38391000008 & 38391080002 LEGAL DESCRIPTION: All of Tract 15, Golden Gate Estates, Unit No, 34. in accordance with and subject to the pi at recorded in Plat Book 7, Page 23, Pubiic Records of Collil'r County, Florida. LESS All that part of Tract 15, Golden Gate Estates, Unit 34, according to plat thereof recorded in Plat Book 7. Page 23. of the Public Records of Collier County, Florida, and being more particuiarly described as f~lIows: , Beginning at the Northeast comer of said Tract 15; Thence along the East line of said Tract 15 South 00028'17" East 330,00 feet; Thence along the South line of said Tract 15 South 89029'42" West 680,00 feet; Thence along the West line of said Tract 15 North 00030'18" West 21,63 feet; Thence along the North line of said Tract 15 North 89032'48" East 66,80 feet; Thence leaving said North line North 00024'16" West 20.69 feet; - Thence North 89035'44" East 389,28 feet; Thence North 49045'03" East 146,91 feet: Thence North 00028'17" West 194,50 feet to the North line of said Tract 15; Thence along the North line of said Tract 15 North 89029'42" East 111 ,00 feet to the Point of Beginning, AND " South 150 feet of Tract 16, Unit 34, Golden Gate Estates, according to plat thereof recorded in Plat Book 7, Page 23, of the Public Records of Collier County, Florida, LESS All that part of the South 150 feet of Tracl16, Golden Gate Estates, Unit 34, according to plat thereof recorded in Plat Book 7, Page 23, of the Public Records of Collier County, Florida, and being more particularly described as follows: Beginning at the Southeast corner of said Tract 16; Thence along the South line of said Tract South 89029'42" Westl11 ,00 feet; Thence leaving said South Tract line North 00028'17" West 38,35 feet: Thence North 13001 '28" East 85.70 feet; Thence North 00028'17" West 28,33 feet; -- Thence North 89029'42" East 91 ,00 feet; Thence along the East line of said Tract 16 South 00028'17" East 150,00 feet to the Point of Beginning, Con.l"trvation CoJ1il:r~ Mcintosh Trust --~-- .-.. ------,----------------- -- ~---- ---. Agenda Item No, 16A 13 March 14, 2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve an impact fee reimbursement requested by PJM Limited Partnership, LLLP totaling $212,114.56 due to the approval of affordable housing impact fee deferral agreements. OBJECTIVE: That the Board of County Commissioners (BCC) approve an impact fee reimbursement requested by PJM Limited Partnership, LLLP in exchange for affordable housing impact fee deferral agreements being approved and recorded as liens placed on the properties. CONSIDERATIONS: Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances (Code), the Collier County Consolidated Impact Fee Ordinance (CIFO), 200] -13, as amended, provides for specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements, Specifically, as set forth by Section 74-202 (h) (5): .'~- "All reimbursement requests totaling twenty-five thousand dollars ($25.000) or more, cannot be approved administratively and must be submitted to the Board of County Commissioners. " The Impact Fee Section of the Operations Support and Housing Department of the Community Development and Environmental Services Division has received a request for reimbursement. Botanical Place PUD includes a total of 64 affordable housing units, This reimbursement request covers 30 of the 64 affordable units. A subsequent reimbursement request will be presented to the BCC for the remaining 34 affordable units at a later date. The affordable units included within Botanical Place PUD came on line and the applicant submitted building permits during the period of time when the County was preparing the new County-Wide Impact Fee Deferral Program. Due to the timing of the permits, PJM Limited Partnership, LLLP was instructed to pay the impact fees due on the affordable units at that time and then seek a reimbursement after the new program had been established, Details of the reimbursement request are as follows: PJM Limited Partnership LLLP ($212,114.56) - Building permits 200504112], 200504] 135, 200504113], 2005041134 were issued, and impact fees paid, for the .- construction of four (4) 24-unit condominium buildings for a total of ninety-six (96) units. Affordable Housing ]mpact Fee Deferral Agreements were subsequently approved Agenda Item No, 16A13 March 14, 2006 Staples Reimbursement Page 2 of 11 Page 2 for thirty (30) of the units, with liens being placed on the properties as of December 21, 2005. If these units cease to be utilized for affordable housing, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. FISCAL IMPACT: The recommended impact fee reimbursements will be transacted as debit entries against the applicable expense budget line items in the following amounts: Road (District 2) $ 79,860,00 Parks $ 31,892,00 School $ 24,810.00 Library $ 4,569.92 Correctional Facilities $ 3,539.40 EMS $ 2,790,00 Government Buildings $ 4,353.24 Sewer $ 60.300,00 Total: $212,114.56 Sewer impact fees will be paid from the revolving fund approved by the Board of County Commissioners on June 24, 2005 to reimburse the Water and Sewer District for deferred "'." impact fees for affordable housing. GROWTH MANAGEMENT IMPACT: Reimbursement of impact fees that are deferred for affordable housing units allows Coliier County to enhance the development of affordable housing for very-low and low income residents as required in the Housing Element of the County's Growth Management Plan, LEGAL CONSIDERATIONS: Deferral of impact fees for affordable housing is consistent with the provisions and guidelines of Section 74-401 of Article IV of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001,13, as amended, which provides for certain reimbursements of impact fees, RECOMMENDATION: That the Board of County Commissioners approve the requested impact fee reimbursement, totaling $212,114.56, and any related budget amendments that may be required, Prepared by: Connac J. Giblin Housing and Grants Manager Agenda Iwm No. 16A 13 March 14,2006 Page2,oi11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IlemNumber: '6A13 llemSummary: ReC\)mrnBndationtoappn>Vl'anlrnpiJctt(l"reirnbiJr~elTl"ntCl'q"!ll;ll'd lJy PJM Lirniied Pa'tn<Hsl1ip, Ll.LP\nlllling $212,'14.!>f, due 10 tha approval 01 iJtfo'd~bl" hl;>1J5in\l impaotiee defe'ralag'......ments MaatlngData: JI1~f2()0r; 9:00:')0 AM Prepared By C"rmacGlbUn ~lo....inQ P"velopm.,ntMana\le, 00. Community Pe~elopmBnt & Fln~ndaIAdmln.&H!">u.lnQ ~12412006 9,.u'4S AM Env;,.cmmont"ISe,vicea Approved By Ccm~t.~"cnA.J!">I"'$on Op.....'tion$An~lyRt Pal. C!">mm...nllyDcv(lI(>i>orwnl& Comm"nltyO"vnlopm"nl& UZ7r20061;13PM En~i""nmnnt-llISn<V;Cl!fi Elwl..onmnntal Servlcn Admin. Approved By Snn<lml.u Ex"cl,nv~S&cmbry Oat., ComrnunilyD"""lnpmttnl& COlfllfluIl!.ry P~vnlo"rnuM & EnvironmanlaIS.,,,,lce,, Envi,,,nmenlal Servlcu Admin U27121l0111;2iPM Approved By O"nlon aa~er Fin.ncialAdmin & H!">"~inll Oirec!o' Data Community DevelopmeOl & E"vi'onmenlaISe",lc..~ F;n.n",iaIAdmln &HouS"'ll 3f11l00e3;51 PM Approved By JeffKIMz~"w As~i.lm'l C""rIIy AII"rMY Dalll C()w,lyAtlorn"y c""nty Atl"T!1ey Ol'ftce :lf1!200IiS;}4t'M Approved By Amyt'<lllmu"" ImpaclF....M""<lger O<lte C"",rnunilyDe"..I"l'm"'lt& Sf2i2I)OG10;J4AM Envlron......"I<lIS..",ic.." Financial Adm;n, & Houei"ll Approv.dBy - Jo~"ph K SctlOnltt CommunllyPevetopmem& Dare En~I'OnmenlaIS"",icesAdmillst'alO' CommunllyOevelopmenl& COlnmunltyDe"dl;lpm,,'ll& Env"Onm"!\lal$e",,,,",, En"ir(>r>rn..!\t"IS,,,...i,,,,~Aclmln }1Z/200G2:2'1 PM Approved By OMHC"",.,li'",W' A<I"""IM"l.I:lv" As"I'I""!. Dal~ COllnt:{ M"!\"!le,-'~Olli~l' <m,c,>CtlM"n<I\lemnn:&f.lucl:let J.':WIIOCi H:~;J AM Apprllv.dDy S,,~'''' U~Il'" Senlo' I',bn~g"mentiBut:lg"t An~lysl P~1l.e C,,\ml, M","'g~..'~ Offic" Ofiit,t, of M~n"flem"nl &. Elmlne! J:~,mlOGg:49AM Approved By MI~h"e' SmyK"w~KI M"""p"",,,nt<;. f.l,,,iyc1 DimCI(H {)~I" C"''''ly NhFrll"""" Ofl;,," Nfi"~"ll\'lan"';""n,,,,"&I'lFJ,j9at :;iSi200B 12,2G f>M ApprllvcdBy L~o E. Ocn5, J.. D~p,Ay Cou!"lly M"n"g'" Dal~ B<;n'tJotCoun!y C""nty M''''3ne''', Otl;c,' C"'''mi~3ic",~n; :1/6:20Dflo5I1PM -, -'.~ ---- -. ...-,-.- Agenda Item No, 16A 13 March 14, 2006 Page 4 of 11 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Pa ent SIi Nbr 584647 7/15/20054:02:15 PM 7/18/2005 PT 2005041131 Address: 4430 BOTANICAL PLACE CIR Owner: BOTANICAL GARDEN INC, THE COA #: 04-5158 Permit Type: BR4 Job Desc: 4 STY 24 UNIT CONDO BLDG#6 Applicant: NOLEN'S PERMITTING-SHARON DBA: DE ANGELlS DIAMOND CONSTRUCTION, INC, Swr Meter: SC Wtr Meter: CN Payor: PJM LIMITED PARTN, Fee Information Fee Code Descriotion GL Account Amount Waived 42SSDC SEWER SYSTEM CHARGE 41326361334356070413 $50840.00 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $213,58 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $10760.40 08CPNP COMMUNITY PARKS IMPACT FEE 34615640236399000000 $13480.80 08EMSI EMS IMPACT FEES UNINC, 35014047036385031350 $2232.00 08ENIM EAST NAPLES FIRE IMPACT 11300000020982000000 $6407.55 08FLEN FIRE< 1 MILLION-EAST NAPLES 11300000020920100000 $1454.34 08GGBI GOV BLDG IMPACT FEE 390122231363820313901 $4284,86 08JAIL JAIL IMPACT FEE 38111043036380131381 $2831.52 08L1BR LIBRARY IMPACT FEE-UNINC. 35515619036399231355 $4497.28 08MFR2 DIST 2 ROAD IMPACT FEE-MUL TI-F 33316365336353031333 $63888.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $39,54 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $213,58 08RGPK REGIONAL PARK IMPACT FEE 34615640236399000000 $13456,32 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $19848.00 11PUDM PUD MONOTORING FEE 113113890432248900000 $1800.00 08BACR BLDG. PERMIT APP, FEE CREDIT 11313890032251000000 $-1317.92 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $857,14 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-636,62 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $50.00 Total $195200.37 - Continued - Collier County Board of County Commissioners Printed: 1 14/2006 3:13:16 PM CD-Plus for Windows 95/NT Agenda Item No, 16A 13 March 14, 2006 Page 5 of 11 ~~-- Official Receipt - Collier County Board of County Commissioners CDPR11 03 - Official Receipt Trans Number Date Post Date 584647 7/15/2005 4:02: 15 PM 7/18/2005 Payments Pa ent Code Account/Check Number Amount CHECK 1191 195200,37 Total Cash Total Non-Cash Total Paid I $195200,371 Memo: - Cashier/location: MCCAULEYKATY / 1 User: DELAOSA_J .., Collier County Board of County Commissioners Prlnted:1/4/2006 3:13:16 PM CD-Plus for Windows 95/NT '_.0"'_ ." Agenda Item No. 16A13 March 14, 2006 Page 6 of 11 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Pa ent SIi Nbr 570666 5/23/2005 4:15:29 PM 5/24/2005 PT 2005041135 Address: 4450 BOTANICAL PLACE CIR Owner: BOTANICAL GARDEN INC, THE COA #: 04-5158 Permit Type: BR4 Job Desc: 4 STY 24 UNIT CONDO BLDG#8 Applicant: NOLEN'S PERMITTING-SHARON DBA: DE ANGELlS DIAMOND CONSTRUCTION, INC. Swr Meter: SC Wtr Meter: CN Payor: PJM LIMITED PARTNERSHIP Fee Information Fee Code Descriotion GL Account Amount Waived 42SSDC SEWER SYSTEM CHARGE 41326361334356070413 $50840,00 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $857.14 08BCAI BLOG.CODE CERT. SURCHARGE 11300000020882000000 $213,58 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $10760.40 08CPNP COMMUNITY PARKS IMPACT FEE 34615640236399000000 $13480,80 08EMSI EMS IMPACT FEES UNINC. 35014047036385031350 $2232,00 08ENIM EAST NAPLES FIRE IMPACT 11300000020982000000 $6407,55 '08FLEN FIRE< 1 MILLION-EAST NAPLES 11300000020920100000 $1454.34 08GGBI GOV BLDG IMPACT FEE 390122231363820313901 $4284.86 08JAIL JAIL IMPACT FEE 38111043036380131381 $2831,52 08L1BR LIBRARY IMPACT FEE-UN INC. 35515619036399231355 $4497.28 08MFR2 DIST 2 ROAD IMPACT FEE-MULTI-F 33316365336353031333 $63666.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $39.54 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $213.58 I 08RGPK REGIONAL PARK IMPACT FEE 34615640236399000000 $13456,32 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $19848,00 I 11PUDM PUD MONOTORING FEE 13113890432248900000 $1800.00 08BACR BLDG. PERMIT APP, FEE CREDIT 11313890032251000000 $-1317.92 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-636.62 Total $195150.371 - Continued - Collier County Board of County Commissioners Printed: 1/412006 3:12:21 PM CD-Plus for Windows 95/NT Agenda Item No, 16A 13 March 14, 2006 Page 7 of 11 - Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date 570666 5/23/2005 4:15:29 PM 5/24/2005 Payments Pa ent Code Account/Check Number Amount CHECK 1161 $195150,37 Total Cash I $0,00 I Total Non-Cash $195150.37 Total Paid I $195150.371 Memo: Cashier/location: HILLCAROL / 1 ~ User: POTTER_T ,-- Collier County Board of County Commissioners Printed:1/4/2006 3:12:21 PM CD-Plus for Windows 95/NT -"-.- .-."-- Agenda Item No, 16A13 March 14, 2006 Page 8 of 11 Official Receipt - Collier County Board of County Commissioners CDPRll03 - Official Receipt Trans Number Date Post Date Pa ent SIi Nbr 584646 7/15/20054:01 :26 PM 7/18/2005 PT 2005041121 Address: 4420 BOTANICAl PLACE CIR Owner: BOTANICAL GARDEN INC, THE COA #: 04-5158 Permit Type: BR4 Job Desc: 4 STY 24 UNIT CONDO BLDG#5 Applicant: NOLEN'S PERMITTING-SHARON DBA: DE ANGELlS DIAMOND CONSTRUCTION, INC. Swr Meter: SC Wfr Meter: CN Payor: PJM LIMITED PARTNERSHIP Fee Information Fee Code Descrintlon GL Account Amount Waived 42SSDC SEWER SYSTEM CHARGE 41326361334356070413 $50840.00 08COA2 DIST 2 ROAD COA CREDIT 33316365336350131333 $-63888.00 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $857.14 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $213.58 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $10760.40 08CPNP COMMUNITY PARKS IMPACT FEE 34615640236399000000 $13480.80 08EMSI EMS IMPACT FEES UNINC. 35014047036385031350 $2232.00 08ENIM EAST NAPLES FIRE IMPACT 11300000020982000000 $6407.55 08FLEN FIRE< 1 MILLION-EAST NAPLES 11300000020920100000 $1454.34 08GGBI GOV BLDG IMPACT FEE 390122231363820313901 $4284,86 OBJAIL JAIL IMPACT FEE 38111043036380131381 $2831 .52 08L1BR LIBRARY IMPACT FEE-UNINC. 35515619036399231355 $4497.28 08MFR2 DIST 2 ROAD IMPACT FEE-MUL TI-F 33316365336353031333 $63688.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $39.54 08RDGS BLDG, PERMIT SURCHARGE 11300000020880000000 $213.58 I 08RGPK REGIONAL PARK IMPACT FEE 34615640236399000000 $13456.32 I 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $19848.00 llPUDM PUD MONOTORING FEE 13113890432248900000 $1800.00 08BACR BLDG. PERMIT APP, FEE CREDIT 11313890032251000000 $-1317.92 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-636.62 Total $131262.37 - Continued - Collier County Board of County Commissioners Printed:l/412006 3:13:39 PM CD-Plus for Windows 951NT Agenda Item No, 16A 13 March 14,2006 Page 9 of 11 -- Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Pa ent SII Nbr 584646 7/15/20054:01:26 PM 7/18/2005 PT 2005041121 Payments Pa ent Code Account/Check Number Amount CHECK 1191 $131262.37 T olal Cash I $0.00 I T olal Non-Cash $131262.37 T olal Paid I $131262.371 Memo: -, Cashiernocation: MCCAULEYKATY I 1 User: POTTER_T -, Collier County Board of County Commissioners Printed:1/4/2006 3:13:39 PM CD-Plus for Windows 95/NT -- .----.-. -- ...~_..__.__._,.__._-,-"'_.- Agenda Item No, 16A13 March 14, 2006 Page 10 of 11 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Pa ent SIi Nbr 575873 6/13120053:11:49 PM 6/1312005 PT 2005041134 Address: 4440 BOTANICAL PLACE CIR Owner: BOTANICAL GARDEN INC, THE COA #: 05-1594 Permit Type: BR4 Job Desc: 4 STY 24 UNIT CONDO BLDG#7 Applicant: NOLEN'S PERMITTING-SHARON DBA: DE ANGELlS DIAMOND CONSTRUCTION, INC, Swr Meter: SC Wtr Meter: CN Payor: PJM LMT Fee Information Fee Code Descrintion GL Account Amount Waived 42SSDC SEWER SYSTEM CHARGE 41326361334356070413 $50840.00 08COA2 DIST 2 ROAD COA CREDIT 33316365336350131333 $-757.00 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $857.14 08BCAI SLDG.CODE CERT. SURCHARGE 11300000020882000000 $213,58 08BPNP SLOG PERMITS - NAPLES 11313890032211000000 $10760.40 08CPNP COMMUNITY PARKS IMPACT FEE 34615640236399000000 $13480,80 08EMSI EMS IMPACT FEES UNINC, 35014047036385031350 $2232,00 08ENIM EAST NAPLES FIRE IMPACT 11300000020982000000 $6407.55 08FLEN FIRE< 1 MILLION-EAST NAPLES 11300000020920100000 $1454.34 08GGBI GOV BLDG IMPACT FEE 390122231363820313901 $4284.86 08JAIL JAIL IMPACT FEE 38111043036380131381 $2831.52 08L1BR LIBRARY IMPACT FEE-UNINC, 35515619036399231355 $4497,28 08MFR2 DIST 2 ROAD IMPACT FEE-MUL TI-F 33316365336353031333 $63888,00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $39,54 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $213,58 , 08RGPK REGIONAL PARK IMPACT FEE 34615640236399000000 $13456.32 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $19848,00 11PUDM PUD MONOTORING FEE 13113890432248900000 $1800.00 08BACR BLDG, PERMIT APP. FEE CREDIT 11313890032251000000 $-1317.92 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-636,62 Total $194393,37 - Continued - Collier County Board of County Commissioners Printed:1J4I2006 3:12:45 PM CD-Plus for Windows 95/NT Agenda Item No, 16A13 March 14, 2006 Page 11 of 11 - Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Pa ent 511 Nbr 575873 6/13/2005 3:11 :49 PM 6/13/2005 PT 2005041134 Payments Pa ent Code Account/Check Number Amount CHECK 1170 $194393.37 Total Cash $0.00 Total Non-Cash $194393,37 Total Paid I $194393,371 Memo: - Cashier/location: MCCAULEYKATY / 1 User: POTTER_T -, Collier County Board of County Commissioners Printed:1/4/2006 3:12:45 PM CD-Plus for Windows 95/NT "-"'--- --_,<",,"~-'""--- ---'..~.'-"'--- ,.--... Agenda Item No, 16A14 March 14, 2006 Page 1 of 4 - EXECUTIVE SUMMARY Recommendation to approve a Contract Amendment to contract number 04-3682 "Consultant Services for Impact Fee Studies-Law Enforcement" with Tindale-Oliver and Associates, Incorporated in the amount of $6,900 to provide for required updates to the cost and credit components oftbe impact fee study. OBJECTIVE: To obtain Board of County Commissioners (Board) approval for Amendment number one (l), Exhibit A, in the amount of $6,900 under contract number 04-3682, "Consultant Services for Impact Fee Studies - Law Enforcement" with Tindale-Oliver and Associates, Incorporated in order to update the cost and credit components of the impact fee study, CONSIDERATION: On September 27,2004 the Board approved agenda item 16(A) (26) and awarded contract number 04-3682 in the amount of $69,330 to Tindale-Oliver and Associates, Incorporated for the development of a new Law Enforcement Impact Fee, The impact fee study and corresponding rate schedule was adopted by the Board on June 14, 2005 with an effective date of August I, 2005. Amendment number one (I) is required in order to update the land and construction costs, which have significantly increased since the adoption of the impact fee in June of 2005. Upon - updating the "cost" portion ofthe calculation, the "credit" portion must also be updated to ensure that all other funding sources are accounted for accurately to ensure the fairness and legality of the impact fee. FISCAL IMPACT: Funding for this Amendment in the amount of $6,900 is available in Fund 385 which is the Law Enforcement Impact Fee Trust Fund, GROWTH MANAGEMENT: This request is consistent with Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), which states: "Future development will bear a proportionate cost of facility improvements necessitated by growth. " The proposed Amendment will allow the consultant to update both the cost and credit components ofthe Law Enforcement Impact Fee thereby helping to provide adequate funding for Law Enforcement capital facilities necessitated by growth. LEGAL CONSIDERATIONS: The proposed contract amendment is legally sufficient for Board consideration and approval. - --~._,.- "'"''~~.._-.",..''.''''''' . Agenda Item No, 16A14 March 14, 2006 LE Contact Amendment Page 2 of 4 Page 2 0[2 RECOMMENDATION: That the Board of County Commissioners approve Amendment number one (l), Exhibit A, in the amount of $6,900 under contract number 04-3682, "Consultant Services for Impact Fee Studies - Law Enforcement" with Tindale-Oliver and Associates, Incorporated in order to update the cost and credit components of the impact fee study. Prepared by: Amy Patterson, Impact Fee/Economic Development Manager Operations Support and Housing, CDES ,...,,- - Agenda Irem No, lGA,4 Marcn14,2G06 P(1ge 3014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1(;A14 - Item Summary: Rewmrro6ndati...n !o approve a Contract AIT'~lld'TI'mt. to r.ooLrilct IH.ll!!tml ()4 :ili82 Consultan! Ser""_'..~ hr Impa!;! Fe" Stlldie"_Law E~lor"em"nt w,U, Tlod"le.Oli~er <lnd "'--~sor.ia'..~. In_corp'wdt.6d, ,oth",arr"'umof$6,9OfJ t" prov"Je lor <eqlJi,,"d "pctat>,s loth" cost and cre;jitr-ampanen'.solthe Impact. fee S!L,<1y Meeting Dale: 3114.'2006ll:(Hl'fJOAM Prepared By Amypatl,,,..on lmpa<:lh" Marrager ,.. C(lmm\"'ltyO..~alopn>nll[& Envj,onrne-nlal Se-,~i<:e-" Financial A,lIn;", & H"u~ln9 2i2411tlO64,ZZ:OBPM Approved By UndaBul COI,[raCb>A9"nt Oal;Cl Admln;slr~llv" Snrvk..~ Pu,chnlng li2411011e4,33 PM Approved By Dv.nl",,' a.-.k~, Fin~nc;al Admin & H'>"~;ng o;ra~!'" Dat~ Cornm"nltyOI>~I>I"pn>B"I& 2128110t.169,38AM E.nvl'Q'\E,,,,nl~1 $B,vi<;<>tS FI"~~c;al Admin, & H"'''~;ng Approved By Sand,~ L<>u Ex..",,,II....,S,,,,,,elary Date Commun;ly D"~,,lopm"rlt &. Communi!yD<tvek,pm..n\& 212B!20ll610:ll8AM Eovironmental5v.rvices Envifonm..ntaISarvlc..~Adrnln Approved By C(lnsten~..A_ Johnson OparaUonsAnalyst Oal... Comn,unltyOevelopm..nl& CommunilyDevelop",..nl& 2/281200610:47 AM Envinmmerlr,,!S""';CM E"vir"nm"nl~I$..."'ir,,,~Admlf) Approved By Sl"v"Carn..U P""'~'''~'I''gfG'm''''ll S",w [)i,,,r.t,,, ,.. Admln;SI,,,UvE,Senrlc..,. p",a",_.lng 3!1.'20061A9PM Approved B~' - J"lfKI"b:;.[)W AulstanlCountyAl1omey Date CounlyAU/Jcnq COllnlV All""''';' Olfic.. ~!1,'200C5;nPM Appro~'..d By C"mm"nilyO"v~lopm"nf& Jo';"pl' K S':tlmjtt r.llvi"ot1",..ntal Services A<lminst'''IO' IJ(I\~ Co",mw'itv tJi'N~ln~me'" & C"m;n"~ity D..v"I"rm~"l I\. E",,'mnmnntatScryicer. [-;~v"onm"m"I,,,,,,,,i,,,,,A<i,,,in 3'2!21)OrS:%AM Approved By Of.mC""rrl,""\w AtJ",i"i~"..ti"" A~~i"!,,,,1 D~I'-' CO""IY M1I""g~~' OWn. Oft"",o!M"""U"'Mnl&fl,,,l(l<>1 ~ln!2oor; B;5(; Ai'f Approved By MM!< Is"ci<~"n Eh'ri'.l~tAI"'ly"l Dale C",unt)-'Mil",~g^.'r', 011;';,- Offi"" ,,/ Mllnllq"m~m & 8udllnl :1':li2COr,n,3t'PM Approved By 1.,,[)LCh;Il'.',Jr D~""ty C",;nly M;"'~lle' [j<lf" Boan:t<lfCo\J'1ty COr'''t1,s~'nnar'' C""ntyIM"agN'sOffi~a ~fG/)OOb 25~ PM .,-. ","M - - ,-- -,- ._,_..._,,- Agenda Item No, 16A 14 March 14, 2006 EXHIBIT A-I CODtract AmeDdmeDt #RFP 04-3682 Page 4 of 4 "Law EDforcement Facilities Impact Fee" This amendment, dated . 2006 to the referenced agreement shall be by and between the parties to the original Agreement, Tindale-Oliver and Associates, Inc. (to be referred to as "Contractor'') and Collier County, Florida, (to be referred to as "Ownerj. " ,. , , Statement of UDderstalldlDg RE: Contract #RFP 04-3682 "Consulting Services for Impact Fee Studies" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per this Amendment This Amendment shall extend the Agreement through May 25, 2006. Description of change: Partial Update of Collier County Law Enforcement Impact Fee Study The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of Six Thousand Nine Hundred and 001100 ($6,900.00). 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. ~ ~TANT: '~~ ~~~~ Corporate SecretarylWitness Tindale-Oliver and Associates, Inc. By: Jt.w1rlAi"z.. j,llllJD By: ''Btw~JA.. /J.... ~ , Dated: ri--I4--a" Title: l' V e>?KU' .Htt- Dated: ,;L ~ I LI- -() (P CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman Approved as to form and -~ ~ g, .p"---- Ro crt . Assistant County Attorney Agenda Item No, 16A15 March 14, 2006 EXECUTIVE SUMMARY Page 1 of 3 Recommendation to approve and execute a Lease Agreement with CPOC Realty, LLC for office space to accommodate the Housing and Grants Section of the Operations Support and Housing Department at a first year's annual cost for rent and common area maintenance fees of $70,957.76. OBJECTIVE: To obtain approval and execution of the Lease Agreement for office space for the Housing and Grants Section of the Operations Support and Housing Department in order to allow other departments within the Community Development and Environmental Services Division building to expand. CONSIDERATION: The present facilities at 2800 North Horseshoe are inadequate in square footage as a result of increases in the number of staff over the last several years, The Housing and Grants section is being relocated due to the fact that the nature of their work does not lend itself to being in the mainstream of planning and permitting activities. Staff has located office space at 3050 Horseshoe Drive North, directly to the east of the Community Development and Environmental Services Division building, for the Housing and Grants Section of the Operations Support and Housing Department to relocate, The relocation of Housing and Grants will provide a temporary relief to the space inadequacies. The Lease Agreement provides for an initial lease tenn of three years. The office contains a total of 4,222 square feet. The first year's annual rent is $60,163,56 and the annual Common Area Maintenance (CAM) fee is $22,7]4.32, However, the landlord has agreed to provide two months ,..,-~, free rent to allow the County ample time to make necessary improvements to the space, and to cut the CAM fees in half during the first two months of the lease, Following the first year of the lease, the annual rent will increase by four percent. The CAM may increase annually to reflect the County's share of the landlord's actual operating expenses, The County will be responsible for all costs pertaining to janitorial services, air-conditioner maintenance and filter replacement, phone service, and electricity charges at the leased property. FISCAL IMPACT: The first year's annual rental of $50,]36.30 will be paid in equal monthly installments of $5,0]3,63 beginning the third month of the lease, The annual CAM fees of $20,821.46 will be paid in amounts of $946.43 per month for the first two months of the lease then will increase to $1,892.86 monthly thereafter, Rent and CAM will be paid from Fund 13] through existing transfers and from other sources within CDES, GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this lease and found it to be legally sufficient for the Board of County Commissioners' consideration and approval. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with CPOC Realty, LLC and authorize the Board's Chairman to execute the Lease Agreement at a later date and approve any necessary budget amendments, ....-.... PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services / Department of Facilities Management -,w",._.' Agenda Item No, 16A 15 March 14, 2006 Page 2 of 3 DRAFT SCHEOL'LE 1. Name ofTen.mt ..............................Board of County CODmUssione.., Collier County, FL 2. Tenant's address for notices before and after the Comn'1eflcement Date: 3301 Ta.nuami Trail,. Na.plesl Florida 34112 3, .'lJ:ea being leased ("Demised PreIn;,,,,,. as depicted in Exhibit A): ,....... ..... 4..222 sq. ft. 4, Net RentableSquaxe Feet;n Den'l1oe Premises: .........,.... "... ....,...... ...."" 4,222sq,ft, 5. T ell.ant' 5 use of Demi:sed Pren:tisE's: ".." ".." "."..", '..'...........,.........., General Office 6. Base Rent See Section 3(a). 7. Additional Rent: See Section 3 (cJ 8, ~.;.nlOunt5 due 011 execution of the lease: Third Ivlonm Ba!:le Rent* S 5,013,63 F;,."t Month Additiona! Rent $ 946.43 Laz-t !vionth Ba!ie Rent $ 5,63966 Last Month Add'! Rent (e't) S 1,892.86 (e,t) Sales T.:LX {e;xenlpt) S 0,00 Secwity DepOsit S 0,00 T eta! Due at Signing $ 13,492.58 '"Tenant sha11t-eceive two (2) ol.011ths free base rent at commencenl.ent. 9. Tenant's Proportirmare 5hareoi Bwld:ng: ..... ...... ........ .... HU__W" ...5.31 %. 10, Tenant's Real Es.tate Broker u!)ed for this lea~e: ..... . ".._.. .......... ............ .....~/.A ,- Land1ord'~ Real E~t..,te B1'oker US'f'd tot" this lease: . ..... -.. ---.- . ..- ... ..ell. Ri.c1=d. Ellh 11. Tenant illlproVe'1l.1ents, if a.1.y: See Section 30. 12. Conullence1nent Date: ..- -. .... ---.-....... . -... ......- ... ... .... - . ..... !vlarch 13, 20Cb l' E:-.pirahon Date: ...................._ _....,. ~la.,-14, 2009 ....:;}. .... . ........ .... .._... H'" 14, Te1'm: -.... .......... ........... ...- .-... .....-.......... ....-- .-........--.-...--.. 3S U1.onths 1;, Pers011RJ GuM'?.nry: :'\ fA lti, Tena:lt is a tax exempt entity and ~hdn not be re~pon5ible for FlO1ida State Si."Jes tax dt'~ allY -si:ulilai'local tax applic~l~le to the Ba.;.e Rent, or Additional Rent (~ee Paragraph 9 infra.). 17. Landlord's name artd add.re~s fOl' notices. &. correspondence: YORK Property Management, LLC.. SSG5- T?.11liami Tl"ail Korth #112, Xaple-~, FL34103. - --~----- ..-.-- .__.-- ----.--.- .---.--..-- Agenda '\em No. 1611;5 M3.rc;~. 1.1,2006 F~g€:) ot 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A1:, IlemSummary: R"~"lTmll;nIjAI"", to ap;HO"H And ex..cuT~ a L..~sp A,]r"''''rn~nt wM, CPOC R"~!lv LLC tm ')!f,r,,, ~paG" 1(' il(:(;"mtTI",ja\~ lhe Hom"ng and Grr,nls See.linn oj t~" Op~r~tit.ln!; Suppmt H'ld Hn%,ng D\,I.",rlmflni Il';l f'r~t YflMS Ilnn",,1 r.o.' IN rftni and I,omm'.\n ar~1l "Hinl"n~nce t"",s of ~7D.957,7e M..tinIlDate: ~'14,'2QO[' \lGOOOAM Prepared By MichO$1 H. Dowling P'operlyManlgemenlSpecinliu D8le AdminislraljveSelV;c~s F.clliliesM"nngemenl 2124120061"OlL'J'AM Approved By Mich..eIH.00wlo"9 f>'opertyMa"agemenlS~dali.t D3ta Adm'"iulraUveSNv,ceu F~clli(jH M'ln~gemenl 2'27i200612,55PM Appro....d By Coneta"ce A. John.,m Oper..tionoAntllyst Oal.. CommunilyOe~elopm..ntll. CcmmunilyD..veiopmenlII. E"v;m"men1aISer~ic"s Enyi,orrn'''''t.~t Sllt..ie",; Admin 2.'271200BU5PM ApprovedB}' $;,ipCmnp,C,F.M rac,tilit,s M~n~g~'n''''1 Oi'enor Oal.. AC'l\ini"I'al,yeSNVOc"" racililit,,, M~n~g~n"'''l 2127l,0061.15PM Appro,'cd By' S~nrl,~ Le" becutlveSecreta'y D~l.. Comrr",nilyD<'"eio"mer>tII. Con""u"ilyD"~eloomenllJ. 2!27!2006i;21}f>M EnvironmenIMSe",ic<>5 En"I'onm."leIServieesAdmin Appro"cdBy Ch~f1e" E, C"rri"glon. Jr, Oat. SRiWA RM;.;;51~t., S"rviCM Man~gCf Admm;Flm!.iwServir,n5 Feciirtim, M"".'~"on"nt 2i17i200fi':37PM Approved B)' [)",nlon !j"~er Financ,aIAdmmIJ.Ho>u$'''UD;",,,lo"'' O"t., C"",mur;",O"""lDp",,"'tl!. J,'21200(,12;:11 PM r::"vi"'''~'e'''''' Sefvic"~ """At'cial A"rn..' 1;. H"usjn~ Appro,'ed lIy Comtnun;tyD"veiu"","ni& D~,,' .;')';"ph K 5"""';'1 E')V"""'\'Kn12IS"rvi~~"A,-',,)On"lm!o' Communily [jcv~lr.Drn<,nl &. C<>mmullily [}<,"el""rn~n' <;. E""',.""n'e"'~15,,,,,,c~s b"('""rne"l,-,1Ser"ic""A~",,,, J'2o'?nO~1T, Pit Approved B~' OMBC""nJ"",t(l' A,;,,,I,,,~lrol,,,,,A%',,I,,"t Palo' Cnll"':.' M"";lY"'"r:WI"" ClH;"",,: M."'"9.'n)['I>t/. r-"ma"T ]1:!o"lIHiC f~;7 AM Apprnv~,1 Il~' Mar;' IsacK~o" ;;;"<l\,~'AMt\-,SI DM~ co""tyr;""",l'l",",()'f;", O'h(<'~' M'.'n~u",," ", I. buQ",.' 3:;:2(;;;[ ;'. ~'(, "')1 AppruvedBy MlClw." S"ln~",,~1 M~~~,,"ow"i Ii. 8im",,: 0", 1<" DOl'" C;""nIY M~,'"(,, '" Ofj'e" CHi 'ce (,' ~~",,,'q'''''',,,, I;. !l, .'<ie, ';',"/.00( 5 31; PM Apprond By J,'''w,V,"Clud C'"''''yM",,,,g''' D"I' b""r" ,.! c"""'l' C"'"miS5i"n~'" (:')1",'1;- M"""\J",'sOf:',,~ ';":;;'CM7.1~PM Agenda Item No, 16A16 March 14,2006 Page 1 of 18 ..,.,~. EXECUTIVE SUMMARY CARNY-06-AR-9211, Peg Ruby, Marketing/Special Events Coordinator, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Eagle Lakes Community Park Spring Fest on March 30 through April 2, 2006, at the Eagle Lakes Community Park located at 11565 Tamiami Trail East. OBJECTIVE: Peg Ruby, Marketing/Special Events Coordinator, Collier County Parks and Recreation Department, requesting that the Board of County Commissioners approve a permit to conduct the annual Eagle Lakes Community Park Spring Fest on March 30 through April 2, 2006, at the Eagle Lakes Community Park, located at I] 565 Tamiami Trail. The applicant is also requesting waiver of the surety bond, CONSIDERA nONS: Peg Ruby, Marketing/Special Events Coordinator, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners for a permit to conduct the annual Eagle Lakes Community Park Spring Fest and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit other than the waiver of the surety bond. Staff does not take issue with the request for waiver of the surety bond, as there have been no previous problems related to clean up of the site after the annual Eagle Lakes Community Park Spring Fest. The required insurance amount of $1,000,000,00 .-' has been purchased and the Board of County Commissioners named as additional insured, LEGAL CONSIDERA nONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based and has determined that it meets that criteria, specifically Article II Sections 10-26 through 10-50 of the Collier County Administrative Code. These sections refer to the application process, duties of sponsors and owners, waiver ofrequirements, and approval of permits. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT PLAN IMPACT: There is no Growth Management Plan Impact. RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the permit to conduct the annual Eagle Lakes Community Park Spring Fest and waive the surety bond, PREPARED BY: Cecilia K, Martin, Planning Tech Department of Zoning and Land Development Review ",-. 1 Ag8'1da Item No. 16A16 t,larch 14, 2006 Pag8-2d 1a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1(;AHl - ItllmSummary; CAF~r,Y-<J6-AR->J:'11, Peg RLJtJy. Mar~",linglS"ec'<l1 Events Coordin~tor, Collier County ParkS and R,,'-'rF.a!io~ Depa,tm\!nL ,-'que~l;ng a permit to conduct lhe amllJf,1 ".agle L,~kes C>,mnum;ty P:ar~ Srri~g Fest on March 30 through April 2, ;:.0011, <It the Eagle L",,,s Community Park located at 1 15<:5 T amiam; Trail Ea5\ MlletlngDBle: 3114!2GOb9:Ql1:00AM Prepared By Cecilia Ma,Un Planning Tech o.~ C(tmmunityD~vo-l('rm'nl\t& 2!27!2006)20:09PM EnvironmentalServicu Z(ming & Land Dnv(llopmn"tRnvlow Approved By Sftndm L..~ Eln~LJt;ve S~cret"rv DaM Community O""..lopment & Comn,unity Development & 3!1120063,:/,3PM Eovironment"tServico5 Environmenlal Servir;-o5 Admi". Approved By C"nst(>nc"A.J"hnson OllC,,,tio,,sA,,alyst 0,. CommunilyDeveloprn..."I& CommunllyO"vel<>pn'eul& 3/2!2006S'55AM Environmental:;..rvic"" Env;,onmentalServ;cesA,;min. Approved By Su"anMu,ray,AICP Z"ni"g & La",J Oev"lopmentDirecl'" Date Comm..nilyDevelopm..nt& 31212l!l!51lU4AM Environmel\tatServ;ces Zoning & Land O"v<>Inl,me"tR""iaw Approved By C"mmunllyOav";opm,,nl& Jo"phK.SchmiU E,w;(orH"..nbl S..'vico" AdminstrMM ,,~ Community Ocv""ppmcnt & C"m"'unityOav"'iop""mt& )12IZ0ll62:24PM EnvironmentotS"",;cos Environmental Se,."k.." Adm;n Approved By OMBC"o',;i""I"" Admin;st,,,tiveA..,,jstanl DOlO Counly Manage"e Office Otfice.,.rManagemon~& B\Jdgel )13!20063:0lJAM -, AppruvcdBy Ma'i< I"~ckson Budget A"~tyst 0.. County M~na9a,-"5Offi"e Office of Manag"m..nl & Buogel 31.Y21l0li12,23 PM ApprllYcd By L,,,,E,Ochs.J' Deputy County M"""iler Dat" S"",rdotCr",,,ty Cornrni,;,;,o"",s County M"n"\I"r'~ Offi"" 3!lii200li2;SIlPM - -, - Agenda Item No, 16A16 March 14, 2006 Page 3 of 18 COLLIER COUN1Y DMSION OF PUBLIC SERVICES Parks and Recreation Department 3300 SantaBarbm Boulevard. Naples, Florida 34116 . (239) 353-0404 . FAX (239? 353-1002 Website: colllergov.net January 26, 2006 @~ Susan Murray, Current Planning Manager D' <,~~<) Planning Servictlf 2800 North Horseshoe Drive "\ Naples, FL 34103 ()(J~; .' /1'1.... ~i Dear Susan: ,-." . ;,' The Collier County Parks and Recreation Department is applying for a carnival permit for Spring Fest 2006. The carnival will be held at Eagle Lakes Community Park from Thursday, March 30 - Sunday, April 2, 2006. Tolve Presentations Inc. exceeds the one million dollar insurance policy and has named the Board of Collier County Commissioners as additional insured. Weare requesting a waiver of the Surety Bond. If you have any questions, please contact me at 353-0404. Please charge the $275.00 fee to 110-156344 649990 Thank you for your assistance. Sincerely, ~G Peg Ruby, M e ng/Special Events Coordinator Collier County rks and Recreation c .... I~~ c T C 0 u " , y .- ----- ~ Agenda Item No, 16A 16 March 14, 2006 NOTE: Please read reverse side before CARNY -06-AR-9211 Page 4 of 18 - comoletine this Petition. (i) CARNIVAL OPERATION PETITION PETITION NO. DATE: 112S/Db PETITIONER'S NAME: '1olv.L A--.o ~c.. I I ELEPHONE: (201)(H3-3.38B PETITIONER'S ADDRESS: J0CI ()('r'etV- Wau L?jnr/hLX1-/ flXJ' 010--1/ PETITIONER"S E-MAIL ADDRESS: tJ/A P/J/lt~IFAX# t20D q33~ 5es 7 PROPERTY OWNER'S NAME:1oI1;~ ~~;& \ LE HOPm: J53- 0404 PROPERTY OWNER'S ADDRESS: ~ (j' rbam B/vo. OWNERS'S E.MAIL ADDRESS: C1 cal,' 'AX# 353-,0(')2 LEGALDESCRITPIONOF.SUBJE,CT~ROPERTY: ~(p<; Ke~ (1Or'YYnun/tJ (4(1V - -LI5eoS T.G.Y'f\,'om, Tv~ I 1::;. rJa~ ft.. ~4"3 GENERAL LOCATION: D/2tlL-f.1.e I CURRENT ZONING: P~d NATUREOFPETITION: (rJ.rn,'..fa.P ~rfY1d THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEXT PAGE,) 3.a. V 3.e.l) V 3.e.4) V 3.e.7) v 3.b. II 3.e.2) ./ 3.e.5) V' 3.e.8) ....... 3.c. ./ 3.e.3) <../ 3.e.6) V 3.e.9) V' 3.d. V Comments: SIGNATURE=NE~1 Ii ~ DATE REVIEWED by Board of County Commissioners: Approved: 0 Disapproved: 0 Conditions of Approval: ,- SIGNATURE OF COUNTY ADMINISTRATOR ..~--,.,-,._~-,----_.- -- ,-...,....--- Agenda Item No, 16A16 March 14, 2006 Page 5 of 18 Official Receipt - Collier County Board of County Commissioner~ CDPR1103 - Official Receipt Trans Number Date Post Date Nbr 640463 2/15/2006 1 :33:11 PM 2/15/2006 Appl Name: COLLIER COUNTY BOARD OF COUNTY Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: COMM I WATER-SEWER DIST 3301 TAMIAMI TR E NAPLES FL 34112-4961 proj Name: EAGLE LAKES COMMUNITY PARK - SPRING FEST Type: TAZ: 153 Subdiv Nbr: 100 Project Nbr: 2006020062 Payor: EAGLE LAKES COMM/CARNIVAL Fee Information Fee Code Descrintlon GL Account Amount Waived 11CIRC FAIR & CIRCUS PERMITS 13113832634122000000 $275,00 08CCPR C CTY PKS & REC 11015634464999000000 $-275,00 Total $0,00 Payments Pa ment Code AccounVCheck Number Amount CASH $0.00 Total Cash I $0.00 I Total Non-Cash $0.00 Total Paid I $0,00 I Memo: Cashier/location: LAURAWELLS / 1 User: LEVYMIKE Collier County Board of County Commissioners Prlntl'!tt'$fS12006 1 :33:55 PM CD-Plus for Windows 95/NT Agenda Item No, 16A 16 ADDRESSING CHECKLIST March 14,2006 th .. I' db' th ddre' S f R' N Page 6 of 18 Please complete e 101 owmg an SU!TIlt to e A ssmg ection or eVlew. ot all items - will aoolv to every oroiect. Items in bold type are reauired. ' 1. Legal description of subject property or properties (copy of lengthy description may be attached) ~ A., ~o..:Jlo. Lo.tkS (br{)Y'Vl I V/f- - (:Qrc.a( Z1 / 33 ~50 - 2b 2. Folio (Property ID) number(s) of above (attach to, or associate with. legal description if more than one) 3, Street addre or addresses (as applicable, if aJready , t?c.. Lo\(Q I ,am, l::::. 4, Location map, showing exact location of project/site in relation to nearest public road right- of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATI'ED PROPERTIES) 6. Proposed project name (if applicable) 7, Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) _ SDP _- 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) D PPL (Plans & Plat Review) D SDPA (SDP Amendment) D PSP (Preliminary Subdivision Plat) D SDPI (SDP Insubstantial Change) D FP (Final Plat) D SIP (Site Improvement Plan) D il..A (Lot Line Adjustment) D SIPA (SIP Amendment) D BL (Blasting Permit) D SNR (Street Name Change) D ROW (Right-of-Way Permit) D Vegetation/Exotic (Veg, Removal Permits) D EXP (Excavation Permit) D Land Use Petition (Variance, Conditional Use,D VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, etc.) D 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: D Checklist is to be Faxed Back D Personally Picked Up 12. Applicant Name Phone Fax 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 ~f-v..v''''- ~ K;\<~l....eM1 Primary Number i3 \ ?l~ lf2:.. ~ A_,"Nwnb~ ~ Address Number Address Number Approved b ' . ate c:::? -j2-f -() t;, m.~_ _.._ 10/14/2005 12:10 3212559092 MAILBOX IT PAGE 02 A~enda Item No. 16A16 10-'1.11.-015: 10 ~ I?: t AM:OCCl.IOA..T IONAL L.le. :> ,c..,... March 1.f, 2C1cr6 , COLUER COUNTY OCCUPAilONAL LICENSE tAX UCENSE NUM~ 7 clI~S5 COlliER COUI'l1'Y TAX COLLECiOR" 2800 ~. HORSESHOE DRIVE" IIo'.Pl.ES FLORIDA 3-4104" (239) 403-2~77 VISIT OUR WEBSIiE "T: _...m.rlllx.ccm . THIS LICENSE EXPIftl!S SEPTEMB~ 30, 2lIDS DISPLAY AT PL.IoCE OF BUSINESS FOR PUBUC INSPECTION LOCATION: 269 ORIE~WAY FAlI.URE TO DO SO IS CONTllARY TO LOCAL L.IoWS. ZONED: LEGAL FORM . BUSINESS PHONE: 201.933-33l1ll co~poAA"cIN::' f) ! \ - . (I \.,.- _ ~ _. ..... _ ' .11, a v ,,-. . ", "'). TOLVE PRESENTATIONS,II'lC ..; . \ ~ (j' -, '.(l - \ LVE,JOHNM .r . I .l 1 2Bll ORIENT WAY ! ,.. :1" J I ..' r L YNOHURST NJ 07071 ~' . ~ . ,P, I NUMBER OF EMPLOYEES: TllAVEUNC SHOW,CARNIVALS, " " CAre 10114/2006 CLASSIFICATlOI'l:CIRCUS.CA.RNIVAL, SlOE SHOW ,A... ' ,,,- AMOU"lT 110.00 CUl.SSIF1CATlON CODE: 01800001 -'7 ' _ . _ - - . () RECEIPT 8441." ,_ ,_ _ r, ~ ,(? Thi& doclJrnent is an C1ocup.at/onlllieanse tax only. Thi! $ not oertificd'on tKIt.tl .l~ qUa_ljf~1 "do.. n01 J>B1'mn ,"" llcen... '" violate any existing rogUI.101)' zoning iaW"D1~~~.l<oiJ'nty or cti.. V . ~ nor does IleJlempt the UC.MeB from any oth8rllcanse or permit.; ftlElt m8)' be required by IBIoV. . , Jan 27 2006 11:06HI1 HI" LH!oitlo/Jtl ~HX ",.2 Agenda Item No. 16A16 March "I~!,~~D* Ar.n~n.. CERTIFICATE OF LIABILITY IN URANCE ag 1 27 06 'UCEIl A ~ed Spec~alty Insurance, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 10451 Gulf Blvd. OIlL Y AND CONFERS NO RlGHTSUPON THE CERTlFICA.TE Treasure Island, FL 33706 HDlDER., THIS CERTIFICATE DOES NOT AMEND, EXTEND DR 800/237-3355 IN URER AFF INO COVERAGE HAle. "SUM'D Tolve Presentat~ons, Inc. INBlJRE~A: T.H.E. Insurance Com an DBA: Third Generation INSURE" I: 8628 Constitution Drive INSURE~ c: Homestead FL 33034 IH~~O: INSlR-~ THE PDUCIES OF UISURANCE LISTED BELOW HAVE BEEN ISSUED ro THE INSURED NAMED ABOIIE FOR THE POLICY PERIOD INDICATED. N01WITHS1'ANDING ANY REDUIREMErfr, TERM OR CONDITION OF ANY C~CT OR OTHER DOCUMENT WITH RESPECT TO ~ICH THIS CERTlFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCEAA'ORDEO BY THE POLlC<ES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS. EXCl.USIONSAHQ CONDITIONS OF SUCH POLICIES. AGGRE""-TE LIMITS SHO_ MAY HAIlE SEEN REDUCED BY PAID CLAIMS, "'"" .....ocv_ ~C'rEJ'f~ ,.DUCT EPWtA lION ..... 11 ~.IlALUUIUTT El.CHoceUR~ . 1,000,000 X COMMEICIAl..GEN8:ALUABUn M5MF6640 04/17/05 04/17/0 Dl.IlA,GEl R SO,OOO . Ie...... IAAOE [Xl OCCUR P"'''EW," 'n' i. f- P_-.JAl LADVIN.JJRY . 1,000,000 f- QENERAL~EQ.\TE .10.000,000 ~A03RDUNrr","~PER: PRODUCTS - COW'.OP NXJ Is 1,000,000 POUCY ~ L.OC 11 ~MDu..& ...auTT M5MF6640 04/17/05 04/17/06 a>Y8ItmD SING!.! UMIT . Nff AUTO ...- 500,000 - X All. O'M'EDAIJTOS 8ODIt.'l' INJURY [PtIrpMOl'l} . -=- SCHl!:.OULED AlJTCS - HIRED AUTC6 DODIL,.'NJURV (PerllCCldll\t) . - - NON-OWNItD AUTOS PROPERlY l1'IIA.GE . po.r~IInO """""" ..-.nT AUTOONL'Y _EA.ACCIOENT . ~-...... ",",0 OTHEl\ Tt1AN EAACC I AUTO ON\. y. ... . --.aI!U.A LM_UTT M5XF6641 04/17{05 04/17/06 EACH OCCURRENCE . 1/000,000 A ~ OCCUR DClAl~MAOE JtGftREGATE . 1,000,000 . ==1 >l!CUCTlOl.' , "~"'T- . , WOIIKIAI OC....u:nDH AND "" ."An>- I 1".]).'- _PI.DWTa' .......,Tf' E.L EN;I-. ACClOENT . 100.000 A AN'( PRClPRETORIPARTNERIEXECUTIVE WC056705 04/17/05 04/17/06 100.000 OFflCERlMEUER EXCLUDED? E..L DlSEA8E -EA ~0'l'EE . I~.~l:lewncl'" E l DISEASE _...... ...,. LIMIT , 500 000 lm80 DESCRIPTION OF C>>'6ItA,... f LDCAT1DN11 vefDJ!.I' l!XCLUStOfII ACDm n BlICORll!ll!NT ''''!CIALPltCJ.UQNI EFFECTIVE FROM 3/30/06 THROUGH 4/02/06 EVENT : FALL FESTIVAL EVENT LOCATION: EAGLE LAKES COMMUNITY PARK, NAPLES. FL ADDITIONAL INSURED: BOARD OF COUNTY COMMISSIONERS, 3301 TAMIAMI TRAIL EAST, NAPLES. FL 34112 AS RESPECTS TO GENERAL LIABILITY COVERAGE ONLY AND THE OPERATION OF THE NAMED INSURED ONLY. BOARD OF COUNTY COMMISSIONERS IIHOULD ANY' OF THe A.aw DdClh8&a I'OUCU III CHoICI!U..ED --=oIIE ,..EUllII.A1'1ON 330~ TAMIAMI TRAIL EAST DATETHElImI', THlI__O IMSWIOWl.J.DriDEAVDalOl!lAL ..l.JL DAYSWJtmI!N _NAPLES FL 341~2 NO'nCE lOlHE CBf:T1flCA ye 1t0000RNMlI!D TO TM& \..&T, BUT fAIUJRE TO DC so 'HAU. ....OIE NQ08L1GAnON OR LWll\.Tl'YOF IUl'fICflllDUPCHTliE 1N1UllI!R.ITSAG8I"ROR .nvn. . .. T1VI!to. ACOR.D 25 (2001108) Cl ACORD CORPORATION 1888 -"---^. ----.-..- --..~- -- "----- r~~-v,-VU U~~~~r L._..3 I .......... L...,-_ . ........... --- . - . -- -- -~-"---'- Agenda Item No. 16A 16 March 14, 2006 Page 9 of 18 East Naples Fire Control & Rescue District r, '\ NAI.o~ ~&~ ~ ~q, ;p~ - (; RECi FIRE PREVENTION BUREAU 5001 EOBl Tuniami Tro~ Noplos, Florida 34113 Phone: (239) 774-2800, Fox: (239) 774-3116, nbiondo@enfd.org February 7, 2006 Mrs, Peg Ruby Via Facsimile Transmission Collier County Parks and Recreation 3300 Santa Barbara Blvd. Naples, Florida 34116 Dear Mrs, Ruby: In response to your letter dated January 24, 2006, please accept this as confirmation that East Naples Fire Department will take the necessary provisions for Fire Safety at your Spring Fest event to be held at Eagle Lakes Community Park on Thursday, March 30 through Sunday, April 2, 2006: Thursday - 5pm till 10 pm; Friday 5pm till 10 pm; Saturday - 12pm till 10pm; and Sunday - 12pm till 6 pm. If! can be of any further assistance, please feel free to contact my office. Sincerely, '1U{/[ 6cncb Nick Biondo Deputy Chief 2~Y fW:i \11 btf 'v_<o;v.....a .._.... v, ................. '" Agenda Item No, 16A 16 March 14, 2006 Page 10 of 18 - ~lJetiff * DON HUNTER.. COLLIER COUNTY 3301 Tllmiami Trail Eatt, Bldg. J. Napl", FL 34' 12-4902 (239) 774-4434 www.colliefsherlff.of'Q January 26, 2006 TO: Whom it may concern: FROM: First Sg1. Mike Jones, Special Services The Collier County Parks and Rea-eation Department has requested that the Collier County Sheriff's Office provide Certified Deputies for the special event listed below. This memo serves as notice that the Collier County Sheriff's Office is aware of the event and will take necessary provisions for safety. 1. Spring Fest March 30 - April 2,2006 Sincerely, ('(\ ~~ ,- First Sgt. Mike Jones Special Services Collier County Sheriff's Office - "The duty of the Collier County Sheriff's Office is to preserve and protect . the lives, property and constitutional guarantees of all persons." - ..---.- ~_.._-----,,-~.~ 10/14/20B5 12:10 3212559092 MAILllUX 11 --------_.- r-I-t~l:,. tJJ. Agenda Item No, 16A16 March 14, 2006 Page 11 of 18 " Mailbo~ iT FAX SHEET .@ Fax # 321-255-9092 Please call 321-255-2992 ifthere are any problems receiving this fax. Date: it/I'l/ar # of pages Including cover: From: !1:r-eV'€' TOL\/~ . Sender's Ph #: 3D{' 97["- rPJ. lf9 To: itNA.d'!'" A LlI-e C( ~7 -e Fax #: ;)..~1 - j}~ 'S L; b~ ~- fDO). "C..l2. Fehl-l. l.vk"'Q...t '1/nf+ilODIv.f c.o~ ~~ ..s~"'A-W\ UI-c <.1-( ~7~ t)An.J ?~:,DLo \1'-- kbu..v'O v P m b-uN .]1.Jl1 'V 19f'f\v yo 'y"t> . -a} vuc..\.l~ 0\.1,1... V,S , C:.4SIl...-D OrAS A-Fi:J ~ Ic-e. c~ DOA--T U>A.~\,<, &-o~ r-:v f..;.A- ~ ( ~ M( M &- J.- Ive:.V'€LJ'j ~ S 1,0"" Q,~~ (.\.'\l ANt boO ~o R ~M JL't" T .Lc>~ Q 0 CoQQ &U ,J t...J.... 41--e..! . - I L. I . 1'\-11-> DA-~W ;' 368281 N Wickham Rd, Melbourne FL 32935 0/- ~~ -- '-'Ul...l....l.~f"i,. ....11 "-Ul'l.l.I'l..:3' r-fo\~r. J.flL., .LtJ/.l.01,LUtJ..J UO. "'t.l. L.:I:JC..."'Q.:lOO Agenda Item No, 16A 16 March 14,2006 Page 12 of 18 -.. FALL FEST Eagle Lakes Community Park . October 20 - 23, 2005 Open Field Carnival area 0 . . ,- \ ._, CAR NY-05-AR-8413 Collier County Parks and Rec Fall Festival - Eagles Lakes Community Park -. __.n ~''+'.''." .------.-- . --"~--" -'-.--"" (i) Agenda Item No. 16A 16 March 14,2006 Page 13 of 18 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: m fes1- Name of Bootb: ~fnJn+- S Person in Charge of Booth: ~~ Types of Food or Beverage to be Served: " rotlo.r1 (tA Y1~ ,. ~~~ppltiJ ) ('CAr rnd o./JPlMJ' 'carfYlP{ Cor(l . J Florida Administrative Code, Chapter lOD.13 !J'quires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: S;? l.r (,9f\ h' 'fled +rOJ' ter How will food be transported to event location? Method of keeping food hot and/or cold at event site: 1-1 Method of cooking food at the location: Cf:j)'lQi{S in un;+ Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide ~s protection? Describe type of structure: K::c:d; S C{)f.Q(.f(j ; () UfI l-t Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? SOAP ~, hot 9.CO~ (Ur\V1I'v:3 V\J~ For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 Agenda Item No. 16A 16 March 14, 2006 Page 14 of 18 - Failure to comply with applicable food service requirements in accordance with Chapter lOD-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES~ NoD I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. , Aw~ QfWl NkP Date: 1/1EJOI.o Signature of Applicant I -. CARNIVAL PETITION APPLICA TIONl INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS ,- -",-. ~.~-"".-",...,,-, __._.'U_ -~ ~" _.._._.----~. (i) Agenda Item No, 16A 16 March 14, 2006 Page 15 of 18 SPONSOR NOTIFICA TION FORM FOR TEMPORARY EVENTS Name of Event: S~ Rs-t Address of Event: luVYl,'DV'h' TY'Lo(,II ~. ^!apICYJ ,fJ(_ 3</lj r1h f1pd I a- J Date(s) of Event:~ 2, 0 - Hours of qp~ation: S P-fYl - I opm Sponsor of Event: ~Ii.er OoUY"):t(j R::ArK..S ~ ,<<V'-aAh en Address of Sponsor: :300 &.m+ot. 3:A.Y!:::oro' g/vd. AJaoft;5. f1.. JLit/}:> I ' Person in Charge of Food Service: S-Je V'D.() "7bV\Le. Phone: ~S3 - OlfOl\ Number of Food and Beverage Booths: -=1- Estimated number of attenders expected at the event at one time? ~,OOO Number of toilets to be provided: Portable: Male ( I ) Female (I ) Permanent: Male (4 ) Female ('-i ) Method of toilet waste disposal: ~fdp lb. Describe method of liquid kitchen waste disposal: Describe containers and method of solid waste disposal (garbage): \,N(A~ ~~ Number of solid waste disposal c ntainers provided: a.. Describe facilities and method of handwashing:~ (l()~ 'f (2:P () , , Describe facilities and method of utensil washing, Fsing and sanitizing: ~~,ScC1p Source of potable water: t9t1 c, I =to For Information and Assistance, contact: Environmental Health & Engineering Department. (941) 403-2499 ----- - - -----..- Agenda Item No, 16A16 March 14, 2006 Page 16 of 18 - As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public hea7ims. Do you understand this completely? YES NO 0 I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter IOD-13. fif dce& C (u;l tL Date: 1/28/ OJ / Signature of Sponsor's gent ._. CARNIVAL PETITION APPLICA nON! SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS - _.~---~.,. -'~---- -.---......- Permit No. Agenda Item No. 16A 16 March 14, 2006 Page 17 of 18 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, Marketing and Special Events Coordinatnr, Collier County Parks and Recreation, has made application to the Board of County Commissioners of Collier County, Florida, for a pennit to conducl the Eagle Lakes Community Fall Festival: and I WHEREAS, Ms Ruby, has presented the Board sufficient evidence that all criteria for the issuance of a permit to conduct the annual Eagle Lakes Community Fall Festival, as set forth in Chapter 10, Article II, CARNIVALS, of the Collier County Code of Laws and Ordinances. have been satisfied and that this carnival will be conducted according to lawful requirements and conditions; and I WHEREAS, Ms Ruby, has requested a waiver of the Surety Bond_ NOW, THEREFORE, THfS PERMIT IS HEREBY GRANTED TO Peg Ruby, Marketing and Special Event.;; Coordinator, Collier County Parks and Recreation, to conduct the annual Eagle Lakes Community Fall Festival on March 3D-April 2. :2006, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for Eagle Lakes Communjty Park, more particuJary described in attached Exhibit A. The request for waiver of Surety Bond is hereby approved. \VITNESS my hand as Chairman of said Board and Sea! of said County, attested by the Clerk of Courts in and for said County this day of .2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGlIT E, BROCK, CLERK COLLIER COUNTY, FLORIDA: By: By: , Deputy Clerk Frank Halas, Chairman Approved as 10 fonn and legal sufficiency: Jeffrey A. Klatzkow Assistant County At10mcy CARNY-2006-AR-9211/SMfCMisp Page I of I --.. March 14. 200 FOLIO NBR PARENT PARCEL PHYSICAL STREET LOCATION Page 180118 0000000447880401 0000000447080007 11567 TAMIAMI TRL E. NAPLES AREA NORTH . BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP O~9 ,000 26 50 33 502633 029.0005B3 1 CLASS CODE MILL AREA ~SE CODE TOTAL ACSC HDR REF FLAG j 82 0 53 33.00 SHORT LEGAL XTRA LGL CNT 33 50 26 PARK SITE DESC AS: 6 COM AT NW CNR SEC 33. S2 DEG W 1473.24 FT. SELY ALG NLY RW LI. US 41 176.27 FT. S 54 DEG E OWNER NAME PREVIOUS OWNER COLLIER CNTY COLLIER COUNTY OWNER ADDRESS 3301 TAMIAMI TRL E NAPLES. FLC0580 341123969 FULL LEGAL DESCRIPTION 33 50 26 PARK SITE DESC AS: COM AT NW CNR SEe 33, 52 DEG W 1473.24 FT, SELY ALG NLY RW LI OS 41 176.27 FT, 5 54 DEG E FT TO POB Exhibit nAn .' _..~--.~,~- ,,-~,--~---_.. --. ._~._--"'_... -~-- Agenda Item No. 16A17 March 14, 2006 Page 1 of 13 EXECUTIVE SUMMARY CARNY-06-AR-9285, Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the Golden Gate Community Festival on March 23 through March 26, 2006, at the Golden Gate Community Center, located at 4701 Golden Gate Parkway. OBJECTIVE: Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation Department, requesting that the Board of County Commissioners approve a permit to conduct the Golden Gate Community Festival on March 23 through March 26, 2006, at the Golden Gate Community Park, located at 470] Golden Gate Parkway. The applicant is also requesting waiver of the surety bond. CONSIDERATIONS: Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners for a permit to conduct the Golden Gate Community Festival and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit other than the waiver of the surety bond. Staff does not take issue with the request for waiver of the surety bond, as there have been no previous problems related to clean up of the site after the Golden Gate Community Festival. The required insurance amount of$],OOO,OOO.OO has been purchased and the Board of .",. County Commissioners named as additional insured, LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based and has determined that it meets that criteria, specifically Article 1I Sections 10-26 through] 0-50 of the Collier County Administrative Code, These sections refer to the application process, duties of sponsors and owners, waiver of requirements, and approval of permits, FISCAL IMP ACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT PLAN IMPACT: There is no Growth Management Plan Impact. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the permit to conduct the Golden Gate Community Festival and waive the surety bond, PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review ..- 1 ~~. Agimda item No_ 16A~7 March 14,2G06 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. HIA17 >- lIemSummary; CARNY..IJ6.AR->J2B5, Ellen Bark'll Community Canter Sup~rv;sor, CtJlllar County Pa,ks and R,,(;realion Department, r>\ljllestmg rl permi! 10 cond\ld the Gold!>" Gale Commun;ly FeslEval 011 Ma'cl1 23 through MHfCh 2fL 200.. <l! the GO;dHIl GIlle Commulllty C"llter, IDC..ted at 4701 G(llrien Ga'e ParKWIlY. M8etlngDate: 3!14/20069D000AM Prepared By C.,cili~ Martin PlaMin~Tnch Dale C"n""'lnlty D~"cloplll~l1t &. Zo"IOIl& Land Ocy(>lof'lll..nIR"\IIl>w 3!1/20061,5e:04PM E,wironmelltalServlcn8 Approved By S<<lldru. L~~ EXI!l,,,tiveS(lcmlnlY D~I(> Cllmm,milyDevelllpm(lnt& CllmmunllyD~vnlopment& 3IV201l6~,25PM En"i",,,"'cotalServicns En"ir"n",~"I~1 $orvico$ Admin. Approved By Constance A. .Iohn~o" Qp(tf"lIonsAMlyst Oaw Co",m,milyDe""lopm"nt& Clln"nullllyD.."eIol,,,,enl& 3/212006e:52AM En";ronm"ntaIS.."'lc~s Env;r"nmentaISe",I",,,sAdmln Approved By S"""nMurray.AlCP Zoning & Lend O<lvelopmefltOlroclor ,," Community O..veiopment & Zon;"g&LmdO""..lopmentRe\li..w 3121'1.005 10;~4 AM Env;ronmentaIServlc"" Approved By Communily O..velopn,,,nt &. Joseph K Schmlll Erwimnn...nt>1iS",.vll:HAdmi"Slratu. ,.. Comm"nllyOew,I"p",e"t& Cum'nuni[-yOevp.lopn"'''I& 311110()SZ,lSPM E,w;rnnm",.laiSwvic..,. Env;.onmlmlal Serv;c".. Admin. ApprovcdBy OMBCllorditlator AOm;.,istraliveAs$iSlant Oat.. C"""lyMaMge(sOffice Ottic" 01 M~Mg"menl &. BudlJ!!l ~13!2006 9:0~ AM - Approved By MMklsechon Budget Analys! ""- County M~"nger's OffiG" Office cf Ma~og~m""t & Budg!!t 313i200012;2tlf'M ApprllvedBy woE,Oells,Jr, Deputy Cll"ntyM""~llcr Pat.. B<>~r<i llfC'''.mly 316120Q63:0BPM ComllliHi",,~,s County Mall~ge(sOffIC!! -, "--"-'~' . .._~-_.._-_...__... .---.- ------ l!l2/27/2006 l!l9:51 2394559556 GGCC PAGE 01 Agenda Item No. 16A 17 March 14, 2006 Page 3 of 13 COllIER COUN1Y COUlER COUNlY DEPARTMENT OF PUBIJC SERVICES Parks and Recreation Department Golden Gale Communlly Cen1et . 4701 Golden Gille Parkway. Naples, Florida 34116-6901 (239) 455-2343 . Pax: (239) 455--9556 . hUp:llwww.colliergov.nel Memorandum To: Collier County Development Services Attn: Cecilia Martin From: Ellen Barkin, Community Center Supervisor Collier County Parlcs & Recreation Re: Carnival Operation Petition Date: Febmary 27, 2006 Attached is the Carnival Operation Petition for the Golden Gate Community Festival., Thi! festival will be held at the Golden Gate Community Center, 4701 Golden Gate Pkwy, beginning on Thursday, March 23, and will run through Sunday, March 26, 2006. The hours of operation are as follows: Thursday 3/23: 5:00-1O:0Opm, Friday 3/24 5:00-11 :OOpm, Saturday 3/25 Noon- 11 :OOpm aud Sunday 3/26 Noon - 10:00pm. I am also requesting that the $2,500 surety bond be waived, The Golden Gate Community Center has staff & volunteers lined up to handle all aspects of grounds maintenance and clean up. Please process the interoffice transfer of funds for the Carnival Operation Petition payment of $275.00. Golden Gate Community Center'5llCCOU1lt number is 130-157710-649010. LJv;, Ellen R. Barkin Community Center Supervisor Collier County PlIIXs & Recreation ------~-- CARNY -06-AR-9285 GG Community Festival c . ,^1(~; . , c 0 w ~ t ,0 02/27/2006 09:51 2394559556 GGCC A8~lIdct 1I~1~'1!J~. 't~17 March 14, 2006 Page 4 of 13 - NOTE: 1>1....... read mreroe side bebe CARNY -06.AR-9285 GG Community Festival Ulm1lIelln1l 1his Petition. (i) CARNIVAL OPERATION PETITION PETITION NO. DATE: eX !;J.4/0g . PETITIONER'S NAME:-1Qj "". PCf'<'p..rllf-h~I1'i,rIlC1'ELEPBONE: ~o 1- 93 3-:33i i PETITIONER'S ADDRESS: '2lc>'1 On'f:nt 1/l1t1t.( LLfl'1dhllrT, NJ 07(}t{ PETfITONER"S E--MAIL ADDRESS: AI III FAX# '2J)rQ33-S8s, PROPERTY OWNER'S NAME~ler c.CJw..~ ih rt:s"'iL TELEPHONE: 353 -zJl/C1 if PROPERTY OWNER'S ADDRESS: 3'3Do s'aA:kL 8o.r-barq Ala Nt;l.(ks,FL $1-111<,- OWNERS'S E-MAIL ADDRESS: E:tIM&Jttln e.. c.odl~r3oV."tIAXJI ~S'5-%:5.... LEGAL DESCRITPION OF SUBJECT PROPERTY: Golcial ,;,.. te. c"mJ'l1.~I'f;1-..r (, 4.-bo- 1.1 7D I (,-b \aQl t}cft P It:!It< '11 fo...ll2.('kS. Fr.... ?I.J II t.. _. GENERAL LOCATION: (.rz, It!( (.11 &a.~ CURRENT ZONING: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN TInS PETITION. (FOR EXPLANATION, SEE NEXT PAGE,) , . 3.e.l)---: V"'" 3.e.4) ......... 3.e. 7) V 3... v 3.b._ _ 3.e.2) IV 3.e.5)_~ 3.e.S) v 3.co_v 3.e.3) 3.e.6)_ ~ 3.e.9) V 3.el. Comments: tf/h.{/~~' SIGNATURE OF PETITIONER DATE REVIEWED by Bow of Cowrty Commissicmers: Approved: 0 Disapproved: 0 Conditions of Approval: -, SIGNATURE OF COUNTY ADMINISTRATOR ~.~.-- -.--. - __n_m__ __~_.__.u._._ . ---------- .-----.- Agenda Item No. 16A17 March 14, 2006 Page 5 of 13 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Nbr 643869 2/27/20064:07:39 PM 2/28/2006 Appl Name: TOLVE PRESENTATIONS INC Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 269 ORIENT WAY L YNDHURT NJ 07071 Proj Name: GOLDEN GATE COMMUNITY FESTIVAL Type: CPR TAZ: 90 Subdiv Nbr: 620 Project Nbr: 2005020019 Payor: COLLIER COUNTY Fee Information Fee Code Descrintlon GL Account Amount Waived 11CIRC FAIR & CIRCUS PERMITS 13113832634122000000 $275.00 08GGCC GOLDEN GATE COMM CENTER 13015771064901000000 $-275,00 Total $0,00 Payments Pa ment Code AccounVCheck Number Amount CASH $0,00 Total Cash I $0,00 I Total Non-Cash $0,00 Total Paid I $0,00 I Memo: Cashiernocalion: MCCAULEYKATY I 1 User: LEVYMIKE Collier County Board of County Commissioners Printed:2/27/2006 4:08:12 PM CD-Plus for Windows 95/NT 02/27/2006 09:51 2394559556 GGCC PAGE 08 Agenda Item No. 16A 17 ADDRESSING CHECKLIST March 14, 2006 Page 6 of 13 -, Please complete th~ following and submit to the Addressing Section for Review. Not all items will amtly to every project, Items in bold type are re(!lIired. 1. Legal description of subject property or properties (copy of lengthy description may b6 attached) See. /l/Jark,,.}-. 2, Folio (Property ID) nllmber(l) of above (attach 10. ur associate 'With, legal description if morethano~ ~ 3, Street address or addresses (as applicable, if already QS$igned) ..;7V1 Gz1lcfe#l ('-~- P~'1 ,Na.(Jles. ~ 51.( " (P 4. Location map, showing euct location of project/site in relation to nearest public road right- of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6, propo~roject name (if applicable) . -C.A+..h1 1aeJ1 Gr.1:k.. ~fYlm.u..lU~ 7. Proposed Street names (if opplkllble) ~ 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP _- - 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) 0 PPL (P1ans & Plat Review) o SDPA (SOP Amendment) 0 pSP (Preliminary Subdivision Plat) o SOPI (SDP Insubstantial Change) 0 FP (Final Plat) o SIP (Site Improvement Plan) 0 LLA (Lot Line Adjustment) o SIPA (SIP Amendment) 0 BL (Blasting Permit) o SNR (Street Name Change) 0 ROW (Right-of-Way Permit) o VegetationlExotic (Veg. Removal Permits) 0 EXP (Excavation Permit) o L8Jld Use Petition (Variance, Conditional Use,O VRSFP (Yeg. Removal & Site Fill Permit) ~oat Dock Ext., Rezone. PUD i;jne, etc.) 1 ~ _ . Other-Describe: COrl11 O'fY.,!!",.u.;v. !.d;"cufYI 1 0, 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 Fand Back penonal1y Picked Up 12. Applicant Name . Phone 45~ ~d3'f3 Fax '+55-QSS I.p 13, Signature on Addressing Checklist does not constitute Project and/or Street Name approval 8Jld is subject to further review by the Addressing Section, FOR STAFF USE ONLY Primary Number Address Number Address Number - Address Number Approved by Date ..~,,-- - -,--~~-,...- - ...__u_ 02/27/2006 09:51 2394559556 GGCC A PAGE 109 N genda tem o. 16A 17 y'JIh J" March 14, 2006 !~t . \. 0'9""'" y--- % ~ ." . \y ,\J " 6'=srll.t,~ 81f:>"::::~' . ~ t=I I fooi>. ,I/~$ '.' ,~<5P~cE.~ ' ~ ~....^'- R....,,~ ~.~ .1=13"' $P:C~ .1 .pt\"'l..WIE" . "'-Awe l~ S?~WS I f?~\.,,,,^.,- ("{,o~ I") '" ... '" '" ,. ~ '0. ~ [!. ~ U d J it. '-.) U ~ '" 0 c,j ~ \0 <:.0, c....? 11 :-(<) U --- I _' J +=+dt.,b V~ e-"'TAA' ...~.~ 1'. ~, ""'-" .01 . . , "J 15 - .~ .. b . . ,9) o. '3 .', {_Ill ti c., <!. _ l() l!) _ ~ ' ~ .\r. . ~ . j . '" j .... oJ iP \L ~ .' ': \l> :.. 'J ~ - ll. a 1'\ Ii llI~.:'. III ~ . p.., IJJ.... ~ t!!'M~ ____ ~""""'GC ~,,: _ ~.' - 2394559556 GGCC PA~ fl,4 02/2712006 09:51 Agenda Item 0, A 17 March 14, 2006 (;) Page 8 of 13 - INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name ofEwnt: bn ittpYl (' -rrd-P _ {'...... rYl (Y\ LA ,; t-/,') <f F~~-h,;:""Q NlllIIe of Booth: .,gJlf II'.... AmI.L'ie'..tn/'"....-r Person in Charge of Booth: <.te..llf'M ~ )IK... TypelJ of Food or Beverage to be Served: PDf'YArf1 . C.O~ C'~/, I Sutl1 f 1tp(Yt" <;'1 Snr.1d ,,; ".-fhp ( G..r", . Florida AdmiDistrative Code, Chapter 10D-13 requires all food to come from III approved source. AD food storage. preparation sod Df8Uil cleaning for this event shllll not be doue in private h_. Locstion of advanced rood preparation: <;d,f: r.l\Vltn.J II:" r1 -rf7.u -~r How wiD food he transported to event location? C.c~ ~/t::"" - Method of keeping food hot and/or cold at evm site: <2J-F (~~ LI.~/- Method of cooking food at the location: I' ht> ~ea , . It'l IJJ-tJ'T Food must be protetted from dllSt, insects, flies, coughs,.-. How will you pnmde this 'Fro.:.6 it; r.b. oIl!'./J,d . - protection? Describe lype of structure: lr'l Uhl-t-" Adequate facllities and ouppl.ia shsU be provided for employee bsodwubinl. How wlII you provide tbia? Stv,(l, ~-+ .... e::, \r.r ~r1I'" ~ --.. For IlIformatioll and A.asistan<e contact: Environmental Health & Eugineering Department - (941) 403-2499 - ^_.._--,,--,~- 02/27/20el5 09:51 2394559556 GGCC Agenda Ite~. 1 ~t 17 Marc 4, 06 Page 9 of 13 - Failure to comply with applicable food serviu requiremenu ID accordance with Chapter IOD-13, Florida Administrative Code, may result in enforcement action. Do you undentand this completely? YESu1 NoD I certify that to the best of my knowledge and belief aD of the .tatemeuu contained berein and 00 auy attachments are true, corted, complete, and made in lood Caith. I DDderstand that these regulations include food intended forserviee to the public: regardless oCwbether there is a clJarge for the food. I agree to ulome rapoosibility tor this establishment and I certify that said bllsmeo will be coDdo(ted io compliance with the Florida Admiaistrative Code, Chapter 10D-13. ~k; Date: zj 2AI /(J " Signature of Applicant -. CARNIVAL PE1'mON APPLICATION' INtm'IDUAL BOOm NO'l'/F1CitTlON FOBM 1'Olf TItMPQRARY EJIE1V'l'8 -", ~-"-' ~"-"'~ . -",_....~-"" -,~.- 02/27/2006 09:51 2394559556 GGCC Agenda1te~~~, 19~17 March 14, 2006 (f) Page 10 of 13 ~ SPONSOR NOTIFICATION FORM FOR TEMI'ORARY EVENTS Name ofEveat: aoldMl {:".,.k_ {".-.rn (VI, ,.':V,1 .[iJ-h.",,-;'; AddreP of Event: '1701 koW"'~ 6-1'J:I:. ()~\f . Date(l)ofEveut:_3-z!l- '3fuo!'l "?..fYY_ HoursofOper.iOD,~J'4 ,,",II f'fl1 3t~S b-"pfYl SponIor of Event: b liter' -+ ?IU .',II:>>~ ~ "I'm Addras of SpODlOr: ::'>.~f) y,.~ Aorb:1.n1 Pi vd Na'f'Jt!:<\ Pc, <S</II~ S-bte.. '1D( IIC. . Penon ill Charge of Food Semce: Phooe: t..JC;S'd-3l./3 Number of Food and Beveraae BoothJ: 4 Estimated number of lIttendl!n expected at the event at 000: time? ."3 , ()I;> D Number oftoileQ to be provided: Portable: MaIe(Cfl Female (9 ) Permanent: Male ( ,2.) Female ( z..) - Mdhod oftoiJet waite disposaIl~ hie. Cono..p~ Describe method of liquid kitchen waste diIpoIal:_II.'II2~.k fY/.:)YkT. Describecontainen llIId method oflOlid waste disposal Claro.): Wa.~-k:. j'\..jlMJ.. O"'~ Number of solid waste dispOlal cODtllillen provided: 2... Describe: facllities llIId method of handwashing: SOop I H,;.'t ... Cola: {.N~ Describe facilities and IIIethod of utenlil wahing, rinIiD.& ud sanitizin&:: tpt- WIl..n.... 't ~ Do..-p Source of potable water: 1M. .;-~ tt For Information and Aslistance, contad: EnvinllllllellW HealtJl II EngiDeeriac Department - (941) 403-2499 - - -..--."-- --~_. 09:51 2394559556 GGCC PAGE 07 02/2712006 Agenda Item No. 16A 17 March 14, 2006 Page 11 of 13 --'., As tbespoDlor of tbis eve..t you are I'eIponllble to notify aD food vendo" or the temporary food service requirements. Failure to comply may Jubjed' the bootlal to be dosed for public health re.uODJ. Do you uDdentaDd this completely? YESQ" NO 0 I certify that to the best of' my knowledge aDd belief aD of the statelllCIIU eoataiDed herein and 011 allY attamments are true, oon-eet, CODlplete, and made in pod. faith. luodentand that these replations indude food intended fot service to the p.blic regardless of whether ther't i. a dla...e for the food. I agree to assumeresponsibDity for dais atablishment and I certify that said busiDess will be conducted in compliuee with tile Florida Administrative Code, Chapter 10D-13. Date: oJ. / ;I./kfl Sicnature ofSpoDllor's Aleut , -" CARNIV,Al.l'EnTION .lPPLICAnoNI GPONSORN077nC,(U['ON TORM FOR TEMPORA.1f.T ~ .,-,~, .. _.~, ~_.._- [ Agenda Item No. 16A 17 Permit No. March 14, 2006 Page 12 of 13 ,'-- PERMIT FOR CARNlV AL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation, has made application to the Board of County Commissioners of Collier County. Florida, for a pennit to conduct the Golden Gate Community Festival; and WHEREAS, Ms. Barkin, has presented the Board sufficient evidence that all criteria for the issuance of a permit to conduct the Golden Gate Community Festival, as set forth in Chapter 10, Article II, CARNIVALS, of the Collier County Code of Laws and Ordinances, have been satisfied and that this carnival will be conducted according to lawful requirements and conditions; and WHEREAS, Ms, Barkin has requested a waiver of the Surety Bond, NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation, to conduct the Golden Gate Community Festival from March 23 through March 26, 2006, in accordance with the terms and - conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the Golden Gate Community Festival, more particularly described in attached Exhibit A. The request for waiver of Surety Bond is hereby approved. WlTNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ,2006, ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E, BROCK, CLERK COLLIER COUNTY, FLORIDA: By: By: , Deputy Clerk Frank Halas, Chairman Approved as to form and -- --..----- -----_._- -----~.,. ..-.- --"~. -,--" ----- 10:44 2394559556 GGCC Agenda ItC~~o. ~tA17 02/27/2006 March 14, 2006 Page 13 of 1.3 -, :- (jt.Lh- <A FC 2 OC TF! 10 36111520003 37115280005 FOLIO 36111520003 OWNER> COLLIER ONTY CERTIFIED STRAP 323200 118 14821 3301 TAMIAM! TRL E * .. ". " if '" . '" ORB/P 2617 I 1435 COLLIER COUNTY, FL SALE DATE 3 1299 <-D MY -TAX ROLL- $AMT 525000 * ... '* ... .. ". '* l\- ACRES a.03 NAPLES FL 341 12 3969 AREA GC TR$-> 49 26 21 CERT-2003 CERT-2004 LEGAL-' GOLDEN GATE UNIT 4 BlK 118 86 LNO $ 562100 582100 -2 UND1VIDED AND THAT PORTION OF L-USE IMP $ -3 VACTED R/W RES. 2000-192. MKT $ 562100 562100 -4 ASSD $ 562100 562100 -, SOH-X CURRENT-EX-AMT TAXABLE $ HMSTD-X $ MILL-CODE 100%-X $ 20 CNTY $ MSTU $ AlQ-X SR-X $ S-SL $ WMB $ VET-X $ MILL-flATE S-LB $ ISD $ CIV-X $ 13.6722 CITY $ VADP $ BLD-X $ -2004- -CERTIFIED AD-VALOREM- WID-X $ . FINAL. (2004 TAXES) TOTAL $ AG-X $ WH-X $ 562100 (SITE)-> GC GOLDEN GATE PKY 4701 RES477 Ese F1 Exit Update -..,--- .-_.--,'_._--, Agenda Item No. 16A18 March 14, 2006 Page 1 of 5 -- EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facility for Canterbury Facility - Ave Maria University at The Vineyards. OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Canterbury Facility - Ave Maria University has constructed the water facility within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of this utility facility was approved by the Community Development and Environmental Services staff on October 20, 2004. At that time, the value of this utility facility (assets) was $8,776,50 (see attachment(s). Final Acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's ,- office as to form and legal sufficiency, 4) The water facility has been operated and maintained by the Collier County Water- Sewer District during, not less than, the required one (1) year warranty period, 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff and this facility has been found to be satisfactory and acceptable, 6) The Utilities Performance Security (UPS), in the form of Cash Bond in the amount of $1,454,00, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of this Executive Summary. 7) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to utility facility, that at the time of preliminary acceptance had a total (undepreciated) value of $8,776.50. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. - ",......,. Agenda Item No. 16A18 March 14, 2006 Page 2 of 5 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance, STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water utility facility for Canterbury Facility - Ave Maria University and authorize staff to release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo AgFmda Item No, 16A 18 MaTch 14, 2006 f'age3cl5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - lteomNumber. 16A18 Item Summary: Roc.ommendation to appmv" final Ilcr.eptancl! 01 the ',';"iJl,," uWily ra(;ll~y f", Can(fHbury Flldlily. A,lI Malia Urw",.sity at Tt,,, ViOflyard" MHtlngDlIta: 3it4:20069:0000ft,M Prepared By JodIP;>n,.,,,IlQ Administrative A6f,ista~t Date CommunltyO"velopment& 2!1612110611:24:11&AM En";mnnlC"rutSe....i~.... CDES Engi"",,,,d"g Se....icu Approved By S~nd", LeI! EJ<~cutlve Secreta,..,. Dale C<>mnH",ityD.."..I<>pm,,<>t& C<>mnlunityD",,~I<>pr"""t& 2!1Bi20064:47PM En"jr""mentlill$e....IC<l5 En"irollmentaIServicHAdml". Appro\ledBy Th<lmasE.Kuck,P,e. CDESEnlli!1urillgServl~&sDit<>ctor Dale COmmYr>;lyDevdopma"t& 2!1712110510:17AM En"irollm<J!'It'lIS..rvk",~ COES Eoglneering Se....;c<,,. Approved By Ccnsi""CtlA.Jet"'''<ln Op",r;)!in".Amtlyst 0,,1.. Cummull;lyOeveh,pme"t& CommullityOevelopme"t& 1i24!20064:13PM Erw;ronm",,,taIS,,tvicl>8 Env;ronm..nlaIS..rvice"Adm;n Approved By Pam..laLlboy WalerOf"!ratln".Ma""lIcr Oat" P"biicUlilili"" Water 2/2812006501 PM ApptovedBy Paul Matta".ch Wate,l)irecl<l' O.t.. PubliclltrHti... Wate, J!1i20064:05PM Apptoved By Roy 8. An<l..""m,r.E. PublicUUlllie" Engin""ring DireclM D"j", .- PublicUtilili... Public lJUlIlje. l;:ngi""nrlnll 3i2!211062:54PM ApprovodBy Ccmm""llyllE>vnlupn'enl& Jo"ephK.SchmiU Ellv;.onme"laIServ;c",.Adm;n.strt>tor Dat.. C"mmullilyOevolcpm..nt& Communll)lO<,velonmenl& 3'2!10063:50PM E.w;mllm.."iaIServic". En"jroomentaIServic.."Admlr> ApptovedBy OMBCoordin"tor Adm'niatraliveAssi..U\nl Oalo Counly Man3ge(s OWCG Offlc<, of ManlljJemem & S"dget 3!312Q068'52AM ApprllvedBy M"r~ h"~cks()n BudgctA""ly51 O"l.. Counly M",nager'S Oflic<, Offic~ "f M~""'9..me"l. &. B''''y"t 3i3!200612:13PM ApprllvedBy LE>"LOdlS,J, O"l'ulvCounlyM","'ge' D",e DtJ;>t<io:C",mty J!E.'200G 1:44 PM CO''''lli~~io''e..~ Co""ty M,,"agN'" Office -, -._-- '-"- ._---_.- ",coo.n ~ ~o_ <too " " " CON"" < "T"""-q--m 0,-0) Z.c'" ,,0.. E~ '" '" ==2 '" 'Q a.. c '" N <t: Q) <t ~ , 0 . , . < < l1J " I- - en , " 1 z 1'[ 0 w- ~ ....1< >-' in" .... 0 ::; I z ~ 5 , 0 ~ .. " u. I < >- UJ J '" '" .. >- - '" ;;> 3lV;lSOl10N~ "-, - u I >- .... -10'0: U; '" '11,1 g ~~ UJ >- "- on:: ~ \ , I w , , ~ ~ i ::' 5 ~ " i< ~ ~~ .. I '" ~ e> ~ ~ ," I " " 8 ;;: " , .. ! I i \ , '" , ()()()\\,,""", I I UJ , .~ " >- ! .. )hO,l,... Z 11_ ~ ~ 'i !I 1 w ....z '" ~: "0 <"'~ ~ ~ ~ ~ , ~ "' w! 0 N w- oo 7"0- , L,,,, 'I< ;b~ 115 8 " i " ~ ~~ lit ~~ 0" "I a.. , n."" . , - :~!O 1, "'0 , ~ <t: , n.~ "w ,,~_ ! o 1\31ooU"",,01 0 I V^;nn(}8V~\il3...eVl""'" ~ 1 ~; 6" ~ ; "' L \1; t ~e '" ::: ~" ~~~ Z ~ill 0 P 11 d~ I g ;1 f; ~ i - , i ~ i j "-3J.VLS~;lN1 h . g~ , j , i 1 U N{)l~N~HnH . snu ""'"1>00 ~ noo ~~ !~ ...----::,~~ 1~ , ; 0 /i1*~ ! ....J sao,,", ""''''0 z.c L 8 , " , ,- , i ~" I ~~ ~~ lIVlN(;STotlROMl I "' , t;~ , ~s ~ , h_ ~~~ ~ ll~ "",,""'w...--- '''V1 OW"",] , . Agenda Item No. 16A18 CERTIFICAT'--UF COST CONTRIBUTORY ASSETS ./>.rrv March 14, 2006 Page 5 of 5 - PROJECT NAME: Canterbury Abbey Facility LOCATION: Section 5 Township 49 South Range 26 East Collier County, Florida ~(Q)[P)W NAME & ADDRESS OF OWNER: Ave Marla University, Inc. 1025 Commons Circle Naples, FL 34119 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) QUANTITIES ~ DESCRIPTION UNIT PRICE TOTAL COST 1 Ea. 8"x4" Tapping Sleeve & Valve 800.00 800.00 5 LF 4" C-900 CL 150 PVC Pipe 3.50 17.50 1 Ea. 4"x3" Reducer (LEMJ) 84,00 84,00 1 Ea. 4" 90. Bend 75.00 75,00 1 Ea. 3" Backflow Preventer Assembly 7,800,00 7,800,00 TOTAL COST 8,776.50 I do hereby certify that the quantities of materials described above are a true and accurate representation of of the system being contributod to Collier County. - OF: Jensen Underground Utilities, Inc. 5585 Taylor Road Naples, FL 34109 STATE OF FLORIDA) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 28th day of July, 2004 by Kevin Jenson, who Is personally known to me and who did not take an oath, ~i~A~ SEAL: . DONNAL LUNDGREN i.'ll .'NoIaJy Public . Slale 0/ FIoIfda i J;;o...........ecp..bIl.2rJJ7 eom_ # 001_ -, .__"'W_._~__ .---.-.- ---.. ----~.._--" Agenda Item No. 16A19 March 14, 2006 Page 1 of 6 - EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Quail West Phase 3, Unit 4. OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept final and unconditional conveyance of these water and/or sewer facilities. CONSIDERATIONS: 1) The Developer of Quail West Phase 3, Unit 4 has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Community Development and Environmental Services staff on August 20, 2004. At that time, the value of these utility facilities (assets) was $26,918.41 for the water facilities and $61,803.08 for the sewer facilities (see attachment(s)). This Final Acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended, 3) Staff recorded all preliminary acceptance documents in the public records of Collier -- County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff, and these facilities have been found to be satisfactory and acceptable. 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: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to utility facilities, that at the time of preliminary acceptance had a total (undepreciated) value of $88,721.49. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. - ..."..."..,~ ..._. _~K' Agenda Item No. 16A19 March 14, 2006 Page 2 of 6 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance, STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize final acceptance of these water and sewer utility facilities for Quail West Phase 3, Unit 4, and authorize staff to release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo AgendiJ Itsm ~Jo. 16Ai9 March 14, 2006 FRge3of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 16A19 Item Summery: R~r:('ltTlmenda!l(}n h, Gll'pr\we finfll a(;c"'pt",nce oj l~,g Willer and SeWer ublily f;lc;hlies lor Quail .o"Jg~1 Pnf<~'" 3 Ul'il 4 Meeting Date; 3!14!2D06g0000JlM PrepllrcdBy JodIPa,,"ullo Admil1ist.rativeAuiatant Oat.. Comn,unityOavul"pm..nl& COESEngil1uuringS"rvicea 2!1SI200611:37;1SAM (;rlvironmc"lalS(!rvicos ApprllvedBy Thomas E. Kuc~, P.E- CDESE"g;"..~ringServkMOirecl"r ,,,' Co",n"milyO"velopm"nt& l/17ll00610;18/l.M E"vir"fHm",taIS~rvic"5 COES E">li"e~rinll S"'rvi~m; Appro\'edBy Samlt"llLea EucU1;veSecretary ,,," Co"'ml.lnilyO.."~lop,,,.,nt& (;<>mmunil'yO""~h'p",..,,I& 2i211200610,18AM E,wl'onm~nl~1 S~rvk". E,wlro""'enl~iS.,rviC"$Atin>in. Approved By ConslanceA,J",,,,son Op~r"lion.An"lysl D~t... CommunityOevelop,.,.,ent& Community Developn,e"t& Envir"nmentaISfor~;C<>$ E'wironm.."jai Serv;~.,s Adm;n. 2i27.'2006S,18AM Approved By Pamala Li~~y WatarOpi',,,tlol1$M"""G"" Dale Public Ujiliti~s Wal<>r 2i26120(}6!L01 PM Approved By p"ulMattaosch Wata'D;recto' Date Public Utilities Wate' J!1!200i> 4;06 PM Approved By SI"llhen L. N~9V W"sl"w"lN C"II"C1I'l!\s Man"\!,,, D~t.. .-. P"blioUliHU..s W"st"Wat,., 3'2;2006 4;4~ I'M Approved By RoyB,Ar1<j",,,"o,,,P.E. P"I>Ii~U!ili1i"s <;"9i""''''''9 Difudor D~t... Put,licUtilihas Pul>!;CUUlWME"llinu,i"9 3/2120064;581>1" Approved By G l;>e"'geYil",az InWMm W"sl~W"ter Direclor Dale Publi,;UHIiHofi W"..I..W,,"" 31212~0i> 5:5~ PM Approved By Community De.."hwmenl & nal.. J,,~"p~' K. Scn,,,ill Environmol1lal Servi<o"s Adminslrator C"mmunltyO"velcpm"nl& C"n,mun;\yOfrveiopment& bwiron'nenl~IS"",ic"~ !:.nv;fonment.iS"fv;t:er,Admin. 313!2UOG4,4,PM Approved By QMBC"ordinrotor Ad"'i"i~l'ative Ass;~t~nt Dl'W County Manro9"r"~ Office Offlc" Of M~n"g"ment 1\ Budget 3'W2006B;46AM Approved By MiCMcISmyk<>w.ki f<l"nag"monl.1> Bw>goIOil"dor Daln COLmly Mafla>l",f'S Office Otfkn"IMat>"ge",..nl&B,,,Jllni :~i6i200i> 9;14 AM Approved By L.."E Ochs,Jr Oel"'tyC"wdyMa";lg'" Dat.. Hoaru<>1 Cm'nly 3i6!200C2;4CPIYI Comrnin;o"..,s C""~tyM;>na\1..r',, Olliee - -~..__._- ._-~ -.--- .-...---.-...--- --~....- . Agenda Item No. 16A19 . - -..,..... March 1-a..~Q~~vv< Page 4 0 CcKI.-...A'J1ON OF CONTRIBUTORY ASaiIi; I $ . COUNTY PROJECT NAME: Quail West, Ph88e 3. Unit 4 LOCATION: · portion of I8nd "-'-d In Sa< "')fl18, TOWI'l$hlp 488, Range 2eE, Collier CoI.fty, FIaridll NAME & ADDRESS OF OWNER; Qual w.t. Ltd., 6288 Btm.'lan, Ro8d, ,,_. Fl34119 TYPE OF UllUTY SYSTEM: F'Gt.IIbh. W8IW (Mlde;Ia Only) lITEM I SIZE I QLWm1Y IlNT I COST I TOTAL I PVC DR18 8" 3720 " $3.91 $14.545.20 PVC DR14 8" 190 .. $4.23 S803.70 Gala VlIIve & Bax 8" 8 till $640.80 $3,243.60 Fh ~An!hlbly 3 .. $1.212.64- $3.637.92 Fh ~Ass.mbIy 1 .. $1,212.64- $1,212.64 (R1IIII*lg) 8.S.P. w.m1Bl1Bnt) 1 ea $444.03 $444.03 Ai'P II 11 VBIve 2 88 $505..88 $1,011.76 S/ngIe IN8lsr ServIce 1. 3 ea f87.06 $291.24 Dollblot W... Serl.ice 1.5" B IiI8 $218.04 $1,728.32 TOTAL COST f26.'18.41 I do hereby c;:ertify ft18t the lIl* .... 01 ,..... ell I .,1becI1IbcMI _ true end IICI:UI1Ite I~ll .laliM of the ..... -., 1. d caIIt of the _I.f ,II bN1g CIIIW'ibutecI to CoIIler County UIiIlIIeI. Inc. ~ of Port of 1he I&IancIs ConsIruction. Inc. STATE OF FLORIDA ) )ss: COUNTY OF COUJER ) The ""eoodlQ instn.ment - signed and IICIlrIc:.wll r1ged b8rore me Iris'" clay of trbu . 2003, by -'*iv.{ 0'klN"-,, lIl/ho Is perIlufl8lly known lD me IDI Who did not take an 0IIlh. ~ka ~~d/ seAL: "",,\....II..II'IJ,,~ ~~~~".. ~ ?,"'-w.K.. ~ ~ .... , ~. ~ <:: :", -:r B,~_ _'. " s :~ 'lr '&:' ~ :*: _... :*= a-':. 1;.l-"1:e!1 : = -~. ,-, ~;:: ~:T;... .. ::.-..1.... .... -~~ o:,."':.:.:':!.~~...;~.,,"':' -"I:; ~ ........0:" ... 1"11 ': sn,~,,\..' ""........"" ----- . .~ Agenda Item No. 16A19 CERTIFICATION OF CONTRIBUTORY ASSETS UNTY Mar~ha~:'~~f~ - PROJECT NAME: Quail West, Phase 3, Unit 4 LOCATION: a portion of land located in Section 18, Township 48S, Range 26E, Collier County, Florida NAME & ADDRESS OF OWNER: Quail West, Ltd., 6289 Burnham Road, Naples, FL34119 TYPE OF UTILITY SYSTEM: Sanitary Sewer (Materials Only) liTEM I SIZE I QUANTITY I UNIT I COST I TOTAL I PVC (0-6') 8" 1037 LF $1,91 $1,980,67 PVC (6-8') 8" 1346 LF $1.91 $2,570,86 PVC(6-10') 8" 411 LF $1.91 $785,01 PVC (1D-12') 8" 118 LF $1.91 $225.38 Manhole (0-6') 4' 5 EA $1,419,34 $7,096,70 Manhole (6-8') 4' 2 EA $1,964.18 $3,928.36 Manhole (6-10') 4' 2 EA $2,638.34 $5,276,68 Manhole (1D-12') 4' 1 EA $2,876,84 $2,876.84 Service Laterals 6" 371 LF $2.34 $868,14 Clean Outs 6" 20 EA $25.60 $512.00 DR18 PVC Force Main 4" 1067 LF $1.21 $1,291.07 ._ DR14 PVC Force Main 4" 40 LF $1.82 $72.80 45 Degree Bend 4" 10 EA $76.32 $763,20 Plug Valve & Box 4" 1 EA $313.76 $313.76 Pump Station 6' 1 EA $33,241.6 $33,241,61 TOTAL COST $61,803,08 I do hereby certify that the quantities of material described above are true and accurate representation of the as-installed cost of the system being contributed to Collier County Utilities, Inc, 1ll~ ry 0 an of Port of the Islands Construction, Inc. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was signed and acknowledged before me this L.." day of lI1do.-f ' 2003, by Hi'n''1/ntJrutlYl who is personally known to me and ~ldiII/1,1ot take an oath. _ SEAL' ""~Q~ia Hern.n:~" . ~ '";J ........~ ~ ~ ~ o":,,,ISSIONO"" ~ _ .... . \:iT" '"...... .c..~/ i /$r:J')~",e'81.?o~~". ~ o =*. tIl. :: =: .... :*= ~5:' #00113821 i""g ~~'. ..fi?~ ~~}.-...~q,~\l\~ ..'~...~ ~ ...o"...;-"III-lr$JlI';-.. <<v...... "-'" U$I/...... o<i: -~ 'JI/ l, C, ST~i~ ""...' .............._____. '111',jfllll1n" -"- .,-.-------.' -~._-~. ro =::2 ~ '" 'D C -~ ~ -~I <l> I.LJ 0) <( ~ - \\150 j(~(~2J (/) ~ " 0 w w " ----------../ c- - ~'==-- I~::S e 4 . >- ~ ~ ! '" J ~ 1 ~ '"'O, 01 10~ >- , - "' W ;0: -' Q>;:::^31nO~_~~o '!Hl'~'O <; ~~ ~~ a ~~ ~ ~ L , """ (~jll"'~ ."- ('"D) ~~ ;' ~. ~ " H" "''''"'H 1 " "'~i ~ ~~ I i , ., I i ~ ! " (IOQ/I\TIll-'W1 -+--- . I' , """""' ~ ",:1 D' ~~~ 0, c... . ~ ~~i ,- .. ~;"i~ <( , U io:.- .., g" ~~ , H'" i ---- ~ !~;O " ; ~ ~,,:,~oeNIro01 ~:;6 ;::; ~e - -. 0 z , H., 0 , L . - ::l:g ;~ "' ~ I! '- ~~ ~ ~ 3 <( ~ ~ i , j g , u >- " i~ .'1 T ~ z !~ ~ !~ g 0 6 3~ ;1 u . , ", ...J a~ N01QNUN~" '. ~ ~ ... u.1 ~5 !~ i~ . ~E r ~ , - - - "-3.1;lS~"lNI ~h ,- 0 IJVINGSTONR[)Il,l! ::::~ ~~- ~! , 0 "' , :li~~ ,<s"..~"Q)""J"'d .. e. - ~U ~ , , , - , , ! , \ 0 . li]i " ,- -, " l~ ('C-1I-"1",...", - 0 ,< J~t avQO;m.mndll< . - i ~i ~~ - : , I Agenda Item No. 16A20 March 14, 2006 Page 1 of 4 ,,_, EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Quarry Phase 2", 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 "Quarry Phase 2", a subdivision of lands located in Section 23 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99.199, CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Quarry Phase 2". 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 "Quarry Phase 2" be approved for recording. FISCAL IMPACT: The project cost is $5,027,677.33 (estimated) to be borne by the developer, The cost breakdown is as follows: a) Water & Sewer - $1,422,172.00 b) Drainage, Paving, Grading - $3,605,505.33 The Security amount, equal to 110% of the project cost, is $5,530,445.06 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: $152,880,32 Agenda Item No. 16A20 March 14, 2006 Fees are based on a construction estimate of $5,027,677,33 and we~<pmitPijl4 June, 2005, The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 2,050.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $10,666,29 c) Drainage, Paving, Grading (,75% const. est.) . $27,041.29 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $31,998.87 e) Drainage, Paving, Grading(2 ,25%const.est.) . $81,123.87 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior 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 "Quarry Phase 2" for recording with the following stipulations: 1, Approve the amount of $5,530,445.06 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 !\ge'lda I\em ~Jo. 16A20 March 14, 2006 Fage3014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numbar: 11lA2() ~- ItamSummary: R"f.('mrnanda!io\lt(lappa'"efm"licord,ngthG !jnal:)lil!:JIO"arrYP~I"sli2,llppl'ov"!01lt'(! standard torm C\msl.rIJGticn ~nd MaErlI~n'lOc'~ Agreement am! approval of th~ amount 01 the pcrtorl11a.rKesocurity MaatlnlilDate: 3'14!2(JOIi\lcOO-OGAM PrepaTedBy John HouldlOw"rth Senior Engineer Dale C"mmun;tyD..."",loF'm...nt& EI1llil1aetinIlServic.(l' ~~120062:39,46PM Env;ronrnentaIS",v;cas Approved By Sandr/l.L&a E10""hvc S..cr~l<<ry Dllllt ComnumllyD"v<llol,mcnl& C"mmunilyOilv"I"pm,.,nlll. 3IllJ20(l62'4!lPM Envirl>nmc"lllISll"';""" Envlronmalll<<l Snrvicl>s Adm;n. Approved By Th(>mllS E. Kuek,P.E. COES Engln""',ngServi<ou Di,..,etor ,~ C"",munilyDavelopnwnt& 318/20062:50 PM Envi'onmentaIServi"",s CDESEng;n"eringS",vices Approved By COMt"nceA.Jonnson Op",aHonsAn"lysl ,.. Community Oevelopment & Community Development & 31S110062:51 PM EnvlmnmentalS"rvices EnvironmentalS"rvicesAdmin Approved By C<lmmu"ity O~vnl<lpment & Joseph K Schmit! Envi'o",nanl"IS",vic",Adrnlnsl,a!or Date CornmunilyD"""lol><YI,,"t& C,,,,,,nunllyO,,v"lopn,,,nl& EnvironmentalSeFViees Env,ronm~"laIS"rvicesAllm;n. JI8120lW 4'00 PM Approved By Jam~sV, Mudd COl1fllyManag'" D~l" BoardotCol1nty Commission"'" CounlyM",,,,g,><'sOtlio:n o/g1100G 4:24 I>M - - _.-_..~~----_..- ,,-~-.-~ -..---'- 0"'''' NO_ <(00 ",N" "'---.:;flD 0"'- en > < Z.c'" 00 "n. , . 0- " ~ '0 - '" ~ <( ~2 '" ~ '0 " <l) I.L.J Ol <( I- - en ~ ~ '}1= L : 0 < D " ~I ~ ~ > < " > , J1YJSQllON / '--- >-1 .. ll!, en ~~ ~I ., l' , l" ~~ , " ~ ~ ., I < !, - ~ ~ '" ~ ~ I 0 ! I 01 ~ 1-: , 1 i 0- I '0 o-z - ~ i <( - "0 I ' ! ~ w- , ,~ AlNnOJ 3]1 0" , ~g , L z 0 ~a 0 I ,,~~ - H ~ Ii . '! ~ i U ,1,1 ;, ~~ O><W\3'noo~.ri1O:i~ 0 " 'I"~ :>8 , z ~j L -J C>- o> ~i" Z c. " ; ;.~ ~~ "T; 6 <, u " ~~ ,0 , , i "" I " ~ i ~ 00<>\\"."", i ~ , '"'00'''' Ii 0 I ~l!~ i ~~ , .. z~" h;:; II I" a:! , " ~e z Ie"' ~_ a>lVrJl!loaN'o'U01 <<l\ '. , "DNi~ . ~;;'" !~ Agenda Item No, 1681 March 14, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to award Bid #05-3899, "Livingston Roadway Lighting Maintenance Contract," to Kent Technologies, Inc. OBJECTIVE: To provide the services and materials necessary to properly repair, maintain and install roadway lighting facilities on Livingston Road, CONSIDERATIONS: The Collier County Purchasing and General Services Department posted Bid #05-3899, "Livingston Roadway Lighting Maintenance Contract," on September 22, 2005. Invitations to bid were solicited from 75 vendors, and one response was received by the bid opening date of October 13, 2005, The vendor who responded to this bid was: Kent Technologies, Inc. Given that Kent Technologies, Inc, was the only firm to respond to this bid, and given that the bid prices are acceptable to staff and congruent with the amount estimated and budgeted for this service, staff recommends awarding this bid to Kent Technologies, Inc, based on the Method of A ward outlined in the Bid. FISCAL IMPACT: The expected dollar value of this contract is $86,000 per year. Funds for the annual repair and maintenance ofroadway lighting are budgeted in the amount of $191,000 ~_. and are available in Fund (101) Traffic Operations Department for Fiscal Year 2005/2006, GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #05-3899, "Livingston Roadway Lighting Maintenance Contract," to Kent Technologies, Inc. as referenced herein. Prepared Bv: John W. Miller, Field Supervisor Attachment: Bid Tabulation, Bid #05-3899 ".'.'" "",..,.".-"... .,. . '....;m~,..' Agenda Item No 1681 Maren 14, 2006 Page2of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 16B1 ItemSlImmary: R"'t.lll1lITllwdaIiQ" tG ~waClj Bid #05-311Ll(l, L"'lng~lon Roadway Lighting M"in1Bna"ce C"nt,,,~t, to Ke01 T~chn"logil'~, Inr,_ ($85,000) Me.UngDate: 3fl4i20DB9:DGOUAM Prepared By Shellft Co,,~~ry S..",lo,/l,<lminlstrativnAssIMant Dall> Tmnllportatio"S"",;cIls T,-afficOpl"a\l''''s 2J3,'20069,11;:!3AM Approved By B",nduBrllh"rt Purch~s;ng Ag.,nt D..I(I Adm;nIGt'all~"S<r""inc~ Pu,chu;nu 21t;J2DIl69:5\lAM Approved By Mlkefiauer Acqui~ItI"nM3nllg",r 'ill. Admjnlstrvtiv~Se'vices p"rcha~;ng Zilll2006S,14PM Appr,,~ed By R"bertW Tiptt>n, PE, T,affi,Op",alionsOi'eclor Date TranaportaticnSorvicu Traffic Operations V6!lW06tl:19PM Approved By SteveCamell PurchasinglGeoeral Svcs DireClOf '"" Admin;atrolh(eS"rvicu Purchasing 211l:2llll61:22PM Approved By SbM"I1N"wman A,,,,,,.mtingSuHorv;'D' Cato Tr"ltspcrtotionSe....;ces Tmnsport"lhmScto'ic",sAdn'in 2113:2(1(1C1:39 PM ApprovcdBy Nc,m E. Feder, AiCP Traltsp"'hti""OivisionA<lm;nil>tralor Da\o T,an5portationServicea Traosporlatio"Se"'icesAdmi" 2i14i2(lO&9:Z1 AM Approved By - Pat Lch"h,;rd Ex"""tiv"S"c,cmry D~to Tm,,&p(lr\~lion S..rvjc...~ T..an~p()rt.~H<>n S",vic"sA<lmin 2.ll&i2IWSg:55AM Appro~ed By OMBC"orrii"ot<>, Adm;",,,\r"ti"\'A&~i,,t;>nt 0"1" C(Il"'IY Mo""g",',< Ofllce Oflk~ <.rl MOMg"",,,,nj & B"ugM 31i1200i; 8:20 AI'A Approved By Marillsucks"n lludgeIAn"lys! Dalo CounjyMan"ge"sOffice OHic~ cr MMng..ment & Budget 3i1,'200l;11:5SAM AppruvedRy JamesV.Mudd COHnlyMunogar ,~ Boa,llof Cc"oty C"mmis~i(mer5 C"""'Y M~n~t!..(s Of1ic~ l1ijl21lllb1AaPM -- -- ,- -,-, '""---- Agenda Item No. 16B1 March 14, 2006 05-3899 Project Mgr,: John W, Miller REVISElIl'<'1(le13i057 Livingston Roadway lighting Maintenance Contract Trasnsportation Operations Notices Sent: 75 Bids Received: 1 Kent A) Standard Aluminum Pole installation with Cobra Head Fixture per CCTO Drawing No. 03-200 Technologies Annual Extended Une Item OTY Unit Price Price Monthly Maintenance Fee 29! $ 2.871.2$ 9.75 (1<12 $ 34,51500 Rap Iseement of Pole Due to Ve hiele Knock Down 2 $ 4.525,33 (x 2) $ 9,050.66 SUBTOTAL BASE BIC S 43,565.66 8) ValmontlAAL Decorative Pole installation with Bell Fixtures per CCTO DraWing No. 03-205 Annual E:dended Line Item OTY Unit Price Price Monthly Malntel1ance Fee 190 $ ~9.75 (.,2 $ 22,230,00 Replacement of Pole Due to Vehicle Knock Down 2$ 5,250,00 (x 2) S 10.500.00 SUBTOTAL BASE BID $ 32.73() 00 C} HapeOltUMEC Decorative Pole installaUon with Bell Fixtures per CCTO Oraw1ng No. 03.206 Annual Extended Line Item OTY Unit Price Price Monthly Maintenance Fee 4( $ - 9.75 (x12) $ 4.68000 ~eplacement of Pole Due to Vehicle Knock Down 1 $ 4.9900,00 (x 1) $ 4,990.00 SUBTOTAL BASE SIC $ 9,670.00 "Unit Pit.. Modified to Comoct__ca1 Enor 11; '1/ /"67) c;:: /1 i.<:/1/ ~Ji;;~/ ,.....>r".f(.- . t. . I ./' '-, I /-y IV 1of5 -..- Agenda Item No, 16B1 March 14, 2006 05-:lS99 Project Mgr.: John W. Miller REVISEElatm1'1l1d5 Uvingston Roadway Ligl'lting Mainlfl4'1anCS ContT1let Tr:asnsportation Operations Notices Sent: 75 ,,- Bids Received: 1 K_nl Teehnologlea Labor Rate F"rT~2 Repairs ,........,...., "................,....." ....".Par Hour $ 46,00 Equipment Rates For Task 2 Repairs Bwck.etlruck....m... ... ............ ._,..,,,..",,,, ~~""".,....PerRunnFng Hour $ 35.00 Cl1lne.u..........._.,...;.......__ n.... ::-._,__..,.."-;-....,, ",,,,,.... ,..;...... Per Running Hour $ 90.00 AWARD BASED UPON ANNUAL EXTENO!:'!) PRICE: A) Standard Aluminum Pole insb1lilatioll per CCTO OtEwwing No. OJ-2QO $ 34,515.00 Annuat Mairlteruiln.ce Fee ....00.... ..". .__u......_...u., ",...,,_, ...n' ...... .... ........... Replacement of Poles Due to Vellic!& KnocJi; OOwn.. ,....... .....,... ,...... .......... ...... ,........ ...... ,....................... ,..... ,......... .",... ."...., $ 9,050.66 B) ValmontlAAL Decorative PDre in:Sllallaticn per CCTO Orawil'lg No-. 03-205 $ 22,230,00 Annual Main'benel1cs F"...... ,."".,."............. ...... .. ..n.. ,.,,,,, ",."",,, Replacement 011'01.. O,e ~ Vehicle KI1od< DoWl1 ............................ ...... $ 10,500,00 C) HopcclLllMEC Deoorati"" Pole i".lilllotio~ per CCTO DflIWing No, 03,205 $ 4,680,00 AnnU61 Mi!!I;ntenance Fee...n. ...... ..... .n"'"'' ",...., ,.., '.n......... .n. ..... ...... ...n.......... Repl6Ciement of Poles Due loVehlele Knock Down................,.... ........... $ 4,990,00 ,,- Houf1y Labor Rale fer Tas3t 2 Repaire X tOoo HClU~"'h' ..'onm....., ,,,..n.... $ 45.00000 TOTA~ BASE BIO .......................,............................................., $ 13Cl,965.66 - 2015 .......~ .,"'-" ......._~---- ---....-----.---. Agenda Item No. 1681 March 14, 2006 05-3899 Project Mgr.: John W, Miller REVISE08\:Mt71115' Li"ingston Roadway Lighting Maintenance Contract TrasnslX)rtalion Operations iIIotices Sent: 75 Bids Received: 1 FURNISH & INSTALL BID LIST Kent Tooh.oIogl... Pay Item Description Amount St~ndard FOOT Roadway Components 339.1 Asphalt Pa..mont Mise. (As required by job) $ 157.00 TN 400.1.15 Concrml!!l Class 1 Mise. (As requirBd by job) $ 463.00 CY 555-1-1 Dinl!letional Bore 2. PVC Sdledule 40 Pipe) $ 14.56 LF Jad:: and Bore 8. Steel C8silliJ Pipe & 2" PVC Scn 40 Carrier 5~6-1-1 Pipe) $ 34,55 LF 575.1.1 Sodding, Bahia (As roquired by job) S 6.00 5Y 57&-1-4 SOdding, Sl, AlJ9ustlne (As required by job) S 9.50 5Y Standard FOOT Electrical Com onents for All Installations 630-1.11 COndUft Above ground $ 4.25 IF 63$-1,12 EtectriG81 Powet Sel\'ica Assembly Overhead $ 515.00 AS 63S-1-n Electrical Power SeNfce Asumbly Unaerground $ 1 750.00 AS 639,2-1 Electrical Service Wire $ 2.15 LF 715.1-110 CondtJctors #12 Insulated $ .46 LF 715-1.111 CQnd uctors #'10 Insulated $ .60 LF 715.1.112 CMduclors IIa Insulated $ 68 LF 715.1.'113 Cond llctOrs #0 Insulated $ 113 LF 715,t-114 Conductof'$ #4 11"1$t1lertsd $ 1.60 LF 715-1,115 ConductQrs #2 Insulated $ 2,17 LF 715-2-115 Cond'uit Undflf9round WVC Sch 40) (2") $ 4,45 LF 715.2-215 Co nduit Under Pavement (PVC Soh 40) (2") $ 1245 LF 715-7'11 Load Cent@r. Seoolldary Voltage $ 5 500,00 EA 715-7,21 Load Cen.ter. Seoolldary VottJge (Rewor1\) $ 3,675.00 EA 7'5-7.~~ Load Center, Seoondeuy Vl)ltclge (Relocate) $ 2.350,00 EA Light Pole Foundation Pour In 71.$-1~2 Plat:8 or P rel:;iii!ot Cona-ete $ 500.00 EA 715-11l-6 Light Pole Pre-Cast Concrete FQundatiofl (R9I0cat0~ $ 600.00 EA 715-10.2 Lig ht Pole Sorew Sese F'Qund;tio., $ 1 ~05. 00 E;A 715.1o-e L1g lYe Pole Screw B~'Se. Foundstion I Rel""ate) $ 81>600 EA 715-14-11 Pull 80lt: (24~l..x13~WK12.0 Min_ Inside) (Roadsid&) $ 183,00 EA 715,19-1 Surge F'rol:ector (Pole Bue 4BOV) $ 79,00 EA 715,21-1 Lumlnai'e Stan., (Ign..r) $ 82.00 EA 3015 Agenda Item No, 1661 March 14, 2006 05-3899 Project Mgr.: John W, Miller REVISIIDt~~ iI'lmfS Livin96ton Roadway Ligtrting Ma.r\ten81nce Contract Trasnsportation Operations Notices Sent: 75 - Bids Received: 1 I IIl>nt TochnologlR Pay Item I Description Amount Slandard FOOT Aluminum Pole - CCTO 03-200 716-11-111 Luminoire (Cobraileod) $ 290.eO Ell 716-34,1 A.luminum Lighting Pole (40') $ 1 782.20 EA 715-34-1 Aluminum Li~hting Pole (45') $ 2 066.25 EA 715-34-1 Aluminum liQhtillg Pole (50') $ 2 45~.95 EA 715-~5-1 Tru...Slylo Arm Only (Roadway Lighting to 15') $ 397.70 EA 715-~6-11 Shoe B"~ $ 20125 EA 715-J6-12 Transformer BatsIS' $ 39BCl5 EA 71~1-140 Light Pole Complete iRelocate) $ no 00 IF Decorative ValmonllAAl Pole, Enalish IVY - CCTO 03.205 cere 2100 Luminaire. AI'J. No. UCL-BEL-H3- 02A- I 057.250MH.400V $ 1 S83,OO Ell Pole. Single Am1 Valmom ccre 2102 200S40706T 4A-PID $ 719,35 EA ccre 2104 Transformar Base far above pol. 07RIOI2BI7-PID $ 449.95 EA ccre 2106 Scroll Arm, Single 1 PA0825H4OA PID $ 683,40 EA CCTO 2108 Pole. Oouble Arm Valmonl 250660106T4A,PTD $ 1 054,00 EA CCTO 2110 Tra n.s.formll!lr Ba" for ab<Mt pole 10R1315B17-PID $ ~27 45 EA CeTO 2112 Scroll Arm, Do"ble - 2PA0825H60A-PTD 5 1 032,00 EA CCTO 2114 Cap. RemO'l.bl. Pole Top 300240 S 182.43 EA Decorative Medilerra HapeolLUMEC Pole - cero 03-206 CCTO 2130 Lumiflaire, LUMEC Bell 400 HPS. DMSL30-SGI-480-BKTX $ , 106,75 EA CCTO 2132 Arm, Single Pipe Hapco Z" 6063. 16 AIIDY 77836 $ 553.75 EA CCTO 2134 Scroll, Single Arm Hapco 2" :K '%" X ~. Channel 17837 $ 205.00 Ell CCTO 213(; Cap, R@m"""ble Pole Top (Provided with Arm Only) CCTO 2136 Pole, Tapered Aluminum Hapco 0,21 9 Wall 6063- T5 Alloy S I 23~.25 EA CCTO 2140 Tran&Jormfif BaM for above pole -10501 Wllh 000' $ 488.50 EA -- 40f5 H.."."___~,_.,_.,_' _'M~"'~~"_"''''''_____ .---~,.__..- ~--- Agenda Item No, 16B1 March 14, 2006 05-3899 Project Mgr.: John W. Miller REVISImft1r1 ~105 livingston Roaclway lighting Maimenam:e Conl"'OI Trasnsportation Operations Notices Sent 75 Bids Received: 1 I Kent ToohnolOSllos Pay Item Description Amount Standard CCTO Ele~trlcal C:ompOnents for Alllnlltalllltions Ball... As""m~ly High P",..ure Sodium (Genera. Electric GER824S5A Of eqaiv"lent) CCTC 2054 $ 24100 EA COTO S095 ElocInlde Gruun<ll"9 $ 6.00 LF Batlast A$sembly Metal Halide (General Electric GERB24M5A O! COTO 2036 equivalent) $ 150.23 EA CCTO 2042 Fa,e Neut,al (BUSS NNB Fuse "Noulralo") $ 19,87 EA COTO 2044 Fuse for pole ba.e (10 Amp FNQ- 10,5OOV) S 23.15 EA CCTO 204ar.1OS0 Fuse Holder (in4hne. weatherproof 30A, OOOV) $ 56,77 EA CCTO 2024 Lamp IHPS, 250W) $ 35.55 EA ccm 202B Lamp (HPS, 400 WI S 36.00 EA COTO 2030 l.>mp (Met.1 flalido, 250 W) $ 36,25 EA CCTO 2031 Lamp (_01 Halid~, 400 W) $ 36,75 EA CCTO 202012023 Photoeloctric Control 120V IliA $ 58.34 EA COTO 202112022 Pholoelearic Contr~1460V 15A $ 72.77 EA CCTO 5092.20 load Center Breaker (20 Amp) S 4()B,OO EA CCTO 5092-30 Load Cer"4lGr Breaker (30 Amp) $ 431.00 EA CCTO 5092-60 Load Center Breaker (60 Amp) S 474.99 EA CClO 5002-100 Load Cente-r 9re-ar..er (100 Amp) $ 655.00 EA Non-Standard Electrical Components Lighting Contact<>r (60 Amp, Unassigned '# 600V, val)l1l'tQ eoilltottage) $ 463.75 EA Uruluigned # Hetl.y Duly Safety Switch (30 Amp, 600 VNEMA 3R) S 514,50 EA U.....lg..d # Ho.VY Duty S.fety Swlleh (60 Amp. 600 VNEMA 3R) $ 535.20 EA Unsssign$d 1/. Heavy Duly Safely Switch (100 Amp. 600 VNEMA 3Rj $-..li1LJilLEA Single Pol.. S....ke' (480V representatllle of Square Dr Unassigned , General Ele<:tr~r or JTE) S 100,09 EA Dou!lle Pole Bmoker (480V representutille of Square Dr Unassigned # Genersi Electric. or IT!:) $ 411.74 EA Triple Pole Brsaker(tW'.N representaWe of SquatS 0, Unilssigned # General Electric, Qf ITE) $ 471.00 EA Agent. Brenda Blilher!: Witness- Courtney Grosm..n: 5015 Agenda Item No, 16B2 March 14, 2006 Page 1 of 29 ,,-- EXECUTIVE SUMMARY Recommendation to approve an agreement to construct a sound attenuation wall and authorize the acceptance of temporary construction easements necessary for construction of the sound attenuation wall as part of the four-lane expansion of County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $340,000.00 which will be included in the cost of construction which will be presented to the Board as part of the executive summary for the bid award. OBJECTIVE: To approve an agreement for the construction of a sound attenuation wall at certain sections along County Barn Road at Riviera Golf Estates, on properties individually owned by Riviera Golf Estates residents, and to authorize the acceptance of temporary construction easements from those residents that are necessary for the construction of the sound attenuation wall. CONSIDERA nONS: In conjunction with the four-lane expansion of County Barn Road, a noise study was conducted to determine whether any of the abutting properties would benefit from the construction of sound attenuation walls, Riviera Golf Estates was one of the communities in front of which a sound attenuation wall was predicted to reduce noise at a cost within the established criteria for the construction of noise walls. Because the Riviera Golf Estates community currently has two sections of wall along the County Barn Road right-of-way, it will only be necessary to fill _.-~." in the gaps with the new wall, The Riviera Golf Estates Homeowner's Association (hereafter referred to as the "Association") held a Board meeting to discuss the options offered by the County; to build a wall that does not match their existing wall, or, receive the funds that the County would spend to build that wall and contract themselves to have a wall built that matched their existing wall. The Association's Board, being fully aware of the standard specifications of the County's wall (attached to the Agreement as Exhibit D), decided to have the County build the wall to those specifications in sections between their existing walls, and in return the Association will obtain the Temporary Construction Easements and related closing documents from each individual property owner. The President of the Association informed the property owner's oftheir Boards' decision in their monthly newsletter, The Association also agreed to reimburse the County for the recording fees associated with the conveyances ofthe Temporary Construction Easements, The Agreement states that the County will build the wall on the individual properties affected but will not be the owner of the wall nor will the County be responsible for the maintenance of the wall. FISCAL IMPACT: Estimated costs of $340,000,00 will be included in the cost of construction which will be presented to the Board as part of the executive summary for the bid award, Source of funds is gas tax under the County Barn Road Project #60101. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the four-lane improvements to County Barn Road (Project No. 60 1 0 I) are an integral part of Collier ,,-~" County's Growth Management Plan, Agenda Item No, 16B2 March 14, 2006 Page 2 of 29 RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1, Approve the attached Agreement; 2, Authorize its Chairman to execute same on behalf of the Board; and 3, Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Debbie Armstrong, Sf. Property Acquisition Specialist, TECM Attachment: Agreement with exhibits PIgerdGltem r~o, 16B2 MarCh 14,2006 Pnge3oi29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS li.mNumb.r; 1fi82 ,- It.mSummary: Rec,,,nmen(Jation !(1 appr"v~ an ag!,.arne"t \(; G"ns\w(;l a Bmrnd atl~nuation wall am! authorize Ihp. aeceptllnc~ 01 temporary tAmsln)!;li,.,,, e~~em"nlh l1€ceS!lary lor cons(rtJclion of 'he sound at.tenll~h{)" wall a$ p"rt of Ihefo"r.I"ne e~p"ns;on of Cr,unty Barn Road tr'lm Ralties~lt~e H"rrlmock R01i(J to D1i.'I~ 8011levard, (Cc;pit"llmproyemenl Elam"n\ No, :n, Projgct Nu. 6(l101). Estllllij'ed h!'~t,i imp",;!' $340,000.00. wllil,t, will be In"luded in the GO~t of construction which w:1I t." prpsenled Ie> !h'l Boa..d as p<ll! oi the ex~cut!ve SllrnrnJIY for I~e hidaWilrd Meeting Date: 3i141200\;SOO:OOAM PreparedDy Debbi..Arn'ht"'''9 P"'pHtyAcq"l~ili"nSp<>eI3hl Oat.. Transf'ortal!onS..rvic.os TECM.ROW 1!Z3!20M11;1Z;37AM Approved8y AlhmRRllth.P,E, SenOoI'Projec.tMal\8fler DaM r'anfinortalion Englneoring ~nd 2123i20GS11;23AM TransportationS""";"" Construction Approved By K.....i" Hem.l..iek" Right Of Wny Aellulsllion Ma""IlM OM" Trnnspo.tntlonS......iee" TECM.ROW 2/27:2006 0:04AM Approved By "'ajehAhmnd Dlree(o' D,. Tr"'lfiportnU,m S,,,,,jo~... T'ansportationEn9;nMring& 21117!100G9:15AM ConatruetionMan3\l"n",nt ApprovcdDy L,saTaylor M",nagemonjfBu<lgetA,mlyat {late T,ansllortati..mServieas T",nsp"..'atlonAdministration ZI27/2110n3:06PM Approved By NormE,recl<lf,AICP T"'''SI)orl:"l>ol> OiV;ljl(", Ad,"i"i...I,~lor 0,,1.. Tra"5p",'~l.io" S..,,,i<;,,5 T""'M""1"lio"S~rv;""sA,j,,,;,, 2128J;'O(l610;]7AM - Approved By p"tLe;mhard EX""llUV"S.'c...,'ary O~!a T".,,~,,<,,',~lion S~",ic."s T'''''''I""t,'tirm Servi""s Ar.lm;n 2I18!2006 1'4~ PM Approved By OMB Cnor<l;'m!ur Ad'II;";S1",liveA~si"t"nt O,lI" C"u"ly 1I"""'ller'~ 0111<:" Ofl,ec of M"""\J",nenl & UoJdllot 311WlOGO:Z9AM Approved By S"sa~ Usher Sunlo, Ma"agem~nli13(Jdgot An~ly...t Dat.. COllnl~ Mnn"ger'sOffic<l Offi~a "r M,.n~!1"ment I!. Budg"! 315i200G\l:09AM Approved By M;ch~el Smykow,;ki Man"'lI"m<lnt&BlldgNOir<fcto. 00" Co,,,,ly Monage"'s O1fice Ofllco of Ma""llame,,1 & Bu<lll"t 3!51200€12:10PM Approved By Leo E. OC~lj,J. OeputyCou"tyMaOl'lle' 0.. a!V!rdoiCotJ"ty 3I6J20G&J:22PM Commi"~i",,p.rs County M""~gec'sOflioe -_. -.,,-,----..- ....-- Agenda Item No, 16 2 March 14. 2 6 Page 4 of 9 PROJECT: County Barn Rd, #60101 PARCEL Nos,: 702A-R AGREEMENT THIS AGREEMENT is made and entered into on this ~ day of ~. , 200le by and between RIVIERA GOLF ESTATES HOMEOWNER'S ASSOCIATI ,INC., whose mailing address is 425 Charlemagne Boulevard, Naples, Florida 34112 (hereinafter referred to as "Assocation"), to 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"). WITNESSETH: WHEREAS, Association has requested that County construct segments of a sound attenuation wall along those portions of Riviera Golf Estates' County Barn Road frontage where nO walls currently exist in order to create a continuous barrier between the development and the roadway in an effort to attenuate noise from the roadway; and WHEREAS, County has agreed to construct segments of a sound attenuation wall that will connect to portions of existing wall along the frontage, which proposed segments are to be generally located in those areas depicted in Exhibit "C," and in accordance with the general specifications contained in Exhibit "D;" and WHEREAS. Association agrees to provide the County with properly executed Temporary Construction Easements ("TCEs") and mortgage subordinations from each individual property owner upon whose lands said wall is to be constructed, the forms of which instruments are attached hereto as Exhibits "A" and "B." and the legal descriptions for said TCEs having been attached hereto and incorporated herein as Exhibit "C." (hereinafter "Easement Area"); and WHEREAS. Association acknowledges that County is under no obligation to construct a sound attenuation wall along Riviera Golf Estates' County Barn Road frontage, and that County will not construct said wall unless and until it receives properly executed TCEs and mortgage subordinations (where mortgages encumber the respective lots) from the owner of each and every property in the Easement Area as described in Exhibit "C," and reimbursement for all recording fees and doc stamps; and WHEREAS, Association hereby acknowledges that the proposed sound attenuation wall segments will not match the existing wall sections in size. appearance, construction or I design, and that said wall will be constructed only at those locations where there is currently no wall along Riviera Golf Estates' County Barn Road frontage, and agrees to inform all property owners of this fact as well as the conditions of this Agreement; and WHEREAS, Association agrees to pay reimburse County for the cost of recording the Temporary Construction Easements and mortgage subordinations in the public records; and WHEREAS, Owner's Representative agrees that County will have no future obligation whatsoever for the maintenance and/or repair of the sound attenuation wall once it has been construcied. NOW, THEREFORE, in consideration of these premises. the sum of Ten Dollars ($10,00), and other good and valuable consideration. the receipt and sufficiency of which is hereby mutually acknowiedged, it is agreed by and between the parties as follows: 1, All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Association shall provide the following documents to County no later than June 1, 2006, and at absolutely no cost to the County: Agenda Item No, 1 2 ~arch 14, 2 06 Agreement Page Page 5 of 29 - a. Properly executed Temporary Construction Easements ("TCEs") from each and every property owner of the Easement Area depicted in Exhibit "C;" b. Properly executed mortgage subordinations from those property owners with mortgage liens against the lands; c, Documentation showing that every property owner within Rivera Golf Estates has been provided with a copy of this Agreement and informed about the above-referenced limitations and conditions associated with the proposed construction, d. An Owner's affidavit from each property owner of the Easement Area, 3. County will record ail TCEs and mortgage subordinations ("Subordination. Consent and Joinder of Mortgage" instruments) and prepare closing statement reflecting all recording fees and documentary stamp taxes, Association agrees to reimburse County for the recording fees and doc stamps within 30 days of the receipt of such statement from County. The County remains under no obligation to commence construction of the proposed wail until such time as ail fees have been reimbursed, 4. After the receipt of properly executed TCEs and mortgage subordinations (where mortgages encumber the respective lots) from each and every individual property owner upon whose lands the sound attenuation wall is to be constructed. and as part of its 4.lane improvements to County Barn Road (Capital Improvement Element Project No, 60101), County shall construct, at its sole cost, segments of a sound attenuation wall along the Riviera Golf Estates' County Barn Road frontage within the Easement Area at those locations where no walls currently exist. The wail will be constructed in accordance with the general specifications contained in Exhibit D. Because of the need to complete construction of the proposed wall during the road project, TIME IS OF THE ESSENCE in the Association's performance of this Agreement. 5. COUNTY MAKES NO REPRESENTATIONS AS TO THE EFFICACY OF NOISE ATTENUATION OF THE COMPLETED WALL IMPROVEMENTS AND MAKES NO - WARRANTIES, IMPLIED OR EXPRESS, AS TO THE FITNESS OF THE PROPOSED WALL IMPROVEMENTS FOR A PARTICULAR PURPOSE, 6, County will use its best efforts to minimize the construction impacts to existing vegetation in accordance with the attached specifications, but is under no obligation to replace any trees damaged, removed or unsuccessfuily relocated due to construction, County will restore the ground cover on ail areas left disturbed by the construction. 7, This Agreement and the terms and provisions hereof shail be effective as of the date this Agreement is executed by both parties and shail inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors. personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8, The parties acknowledge and agree that the failure of the proposed wail segments, once completed, to conform with the color and appearance of the existing wall will not constitute a breach of this Agreement. 9, The rp.ciprocal obligations contained herein are contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including ail exhibits attached hereto, shail constitute the entire Agreement and understanding of the parties. and there are no other prior or contemporaneous written or oral agreements, undertakings, promises. warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida, .~._, IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. --'--',.,,--.,.-- -.-.- -..'^ ---------- Agenda Item No.1 2 Agreement Page~arch 14,2 06 Page 6 of 9 -- Property acquisition approved by BCC pursuant to Resolution No. 2005-164, Item 16B3, dated 4/26/05. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: ,Deputy Clerk FRANK HALAS, Chairman AS TO ASSOCIATION: Riviera Golf Estates Homeowners Association, Inc. WITNESSES: ~.u~~H-OtI By: 7<'~ R~ (Witness (Signature) KAY: ANDAZZ . resident . .- Name:.:5A€I'--I'l L, IlL€' uJOM (Print) _ratuh (jadJ~ Witness (Signature) NamePA-m GLA 8f1I<~ff1D (Print) Approved as to form and legal sufficiency: kl:J~ - /Ellen T. Chadwell Assistant County Attorney -..--- EXHIBIT....&- Agenda Item No.1 2 March 14. 2 6 .......1- of~ Page 7 of 9 - PROJECT: County Barn #60101 PARCEL: FOLIO: TEMPORARY CONSTRUCTION EASEMENT This Easement granted this - day of , 2006, by . , whose mailing address is (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Flonda, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor~ and -Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of all individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor. for and in consideration of Ten Doliars ($10.00) and other valuabie consideration paid by the Grantee, receipt of which is hereby acknowledged. hereby conveys. grants. bargains and selis to the Grantee, a Temporary Construction Easement to enter upon the lands described as foliows: SEE ATTACH EO EXHIBIT "A" which is incorporated herein by reference, for the purpose of constructing a sound attenuation wall on the property of the Grantor. This - Temporary Construction Easement shall expire on January 1, 2010. Then the Grantee may extend the Temporary Construction Easement for one (1) year (until January 1, 2011) by recording a Notice of Time Extension in the Public Records of Collier County. Florida, If the Grantee shall extend the completion of the public facilities, Grantee shall first notify the Grantor in writing at the address listed above. Grantor accepts Riviera Golf Estates Homeowners Association, Inc. as the owner of the sound attenuation wall and acknowledges the terms and conditions set forth in the Agreement dated 2006, between Riviera Golf Estates Homeowner's Association, Inc. and Collier County. Maintenance of said wall thereafter shall be the responsibility of the Riviera Golf Estates Homeowners Association, Inc. By the execution and delivery of this Temporary Construction Easement, Grantor release and holds the Grantee harmless from eny and all liabilities. claims, or damages in connection with the Grantee's use of this easement for Its Intended purpose, including, but not limited to, the quality and appearance of the wall improvements. IN WITNESS WHEREOF. the Grantor has caused these presents to be executed the date and year first above written. AS TO GRANTOR: By: Witness: Print Name: Witness: - Print Name: .... ._,,--. --"--~----- ------- -_..._--- Agenda Item NO.1 2 EXHIBIT&: March 14, 2 6 pege..J.- of Page 8 of 9 - STATE OF COUNTY OF The foregoing Temporary Construction Easement was acknowledged before me this _ day of , 2006. by Evelyn C. Gorton, who: - is personally known to me OR - produced as proof of identity. (affix notarial 89al) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: Approved as to form and Legal sufficiency: -., Ellen T. Chadwell Assistant County Attorney .-.. 2 '--'~'.-'-- _o._~...,.. __..___ ._._ _ ___'w___.'_'o___ --_.,.__._.._---_._~.~.~----- Agenda Item No, 1 2 EXHIBIT .JL March 14, 2 6 Page 9 of 9 PROJECT: County Barn #60101 '....J..- of...:L- -- SUBORDINATION, CONSENT AND JOINDER OF EASEMENT THIS SUBORDINATION. CONSENT AND JOINDER OF EASEMENT given this day of , 2006 by whose mailing address Is (hereinafter referred to as "Mortgagee"), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address Is 3301 East Tamiami Trail, Naples. Florida 34112 (hereinafter referred to as "County"). WIT N E SSE T H: WHEREAS, Mortgagee is the owner and holder of that certain mortgage by and between and and recorded on the day of in Officiai Records Book , ' pege et seq. of the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage"), encumbering the premises legaily described therein (hereinafter referred to as the "Encumbered Property"); - WHEREAS, County has requested from the fee simple owner of the Encumbered Property a Temporary Construction Easement (TCE) over, under, on and across a portion of the Encumbered Premises, which TCE is iegaily described in Exhibit "A", attached hereto and incorporated herein by virtue of this reference (hereinafter referred to as the "Easement Property") for the purpose of constructing a sound attenuation wall thereon; and WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property, to which request Mortgagee has agreed; and WHEREAS, Mortgagee agrees to the construction of a sound attenuation wall over, under, on and across the property legally described in Exhibit "A"; and NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. The Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, on and across the Easement Property and any interest of County in facilities located therein or affixed thereto, Except as subordinated to the easement described herein over. under, on and across the Easement Property, or any facilities located therein or affixed thereto, said Mortgage shall remain in full force and effect, - IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed this _ day of ,2006, ._~"___.M ,-- ___n..___'_' _._--~~,_. EXHIBIT it Agenda Item No. 1 2 March 14, 2 06 Pa98...d- of Page 10 of 29 ",-,~ NAME OF MORTGAGEE By: Witness (Signature) (Signature) Name: (Print or type) (Print Name) (Title) Witness (Signature) Name: (Print or type) STATE OF COUNTY OF The foregoing Subordination, Consent and Joinder of Easement was acknowledged before me this _ day of I 20_ by , as I on behalf of who: (Name 01 Mortgagee) -- _ is personally known to me OR _ who has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC SeriaVCommission #(if any) My Commission Expires: - ----" ~---. - .-- -"--"'-- ".--- FOLIO N().~ PROJECT NO. 601 01 Pag~/5f'2fJOF 1.. PROJECT PARCEL NO. '}oSJ A ' 30' , - ~ EXHIBIT C. I WEST PROPERTY UNE I ~ page-L Of-LfB LEGAL DESCRIPTION AND SKETCH MPORARY CONSTRUCTION EASEMENT ~ SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST <l:. (NOT A SURVEY) -J l<J o c:i THE EAST 10 FEET Of' LOT .S6. 8 C) RIVIERA GOlF ESTATES. AS RECORDED ~ ~ ~ IN PLAT BOOK 13. PAGES IDS-III. Of'THE ttJ ~ '-'J ~ PUBLIC RECORDS Of' COlLIER COUNTY FLORIDA. 0:: " t..l !i: D ~ cr: "-i ~ ~ ~ ~ RIVIERA GOLF ESTATES ~ r;; ~ ~ UNIT 2 j ~ m I::: P.B. 13. PG. lOS-Ill ...,. ~ '" h. t..l <l: ~ LOT 456 LOT 455 ~ ~ U"'- _ [~=:~~~~~ ___~~___~~~~___~m~~~~~~ ASEMENT R/W line _ _ 1fT CONsrRUCTION EASEMENT' VI EAST PROPERTY UNE & W WE>rERtY RIW UNE OF ~ RIW FOR CWNTY BARN ROAD (CR 258J :t: CWNTY 8NVi ROAD (C.FI.2581 !:i LEGEND. Rill . RIGHT Of' WAY LS . LAND SURvEYOR LB . LICENSED BUSINESS _ _ _ _ P.B. . PLAT BOOK R/W line PG. . PAGE PSW . PROFESSIONAL SURVEYOR a MAPPER __ C. R. . COUNTY ROAD riA- American DRAIlN BY. JCW ..~ Consulting Engineers of Florida. LLC CHECKED BY. SP 4111 Land O' Lek.. Blvd. Suite 210 rYlIJ'RIl COUNTY Land O' latas, Florid. 34639 DBPARTMENT OF ~A71'QN' DRAWING DATE. 08-18-05 Phone: (813) "6-2'00 Fu: (aU) U6~190B C.rtificate of Authorization No. 7110 SCALE. 1".30'" JD.~ c. McGu,_ P.S.M. No. 6_430 ~~.- ~. ..-.----- FOUO NEt. PROJECT NO, 60101 age PROJECT PARCEL NO. ?~~B , 30' , LEGAL DESCRIPTION AND SKETCH ~ f-,---- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXHIBIT --L- WEST PROPERTY UNE RIVIERA GOLF ESTATES PageL of...JL UNIT 2 r.B. 13, PG. 108-111 THE EAST 10 FEET Of lOT ~55. '".." 'RIVIERA GOLF ESTATES. AS RECllROED IN PlAT BOOK 13. PAGES IDS-III. Of THE PU6L IC RECORDS 01' tOLL IER COUNTY FLORIDA. ... ~ LOT 456 LOT 455 ~ LOT 454 ~ r~~-- , uI/rrs OF EASEI/ENT (PER PUoTJ Ii: SU8DN1S1ON !E - ------------------ --------------- --------~------- ------ RIW Une -- VI EAST PROPERTY UNE &- [!,! WESTEF/fY R/W UNE OF ~ R/W FOR COUNTY 8N/N ROAD ICR 268J ~ COUNTY BN?N ROAD (c.R.268J LEGEND. Rill . RIGHT Of WAY lS . lAND SURVEYOR lB . LICENSED BUSINESS P,B. . PlAT BOOl( PG. . PAGE PSU . PROfESSJ ONAL SURVEYOR a UAPPER Cone.. CONCRETE RIW Une - -- ~- r;.'~n~t~!"~?s~e~r. of Florid.. LLC DRAWN BY. JCII 00UIEIl COC/NTY CHECKED 8Y. SP -4111 L.nd O' hku Blvd. Suit. 210 Land 0' Lah., Florida 34631 /Ji!PARTKENT Of" ~A7J'ON DRAWING DATE. 08'18-05 Phon.: (813) ggtl.2BDO Fax: (St3) 9gS.1908 C.rtlflr::attt of Authorization No. 7110 SCALE. 1".30' JDAI ~. ,vl'!r...., p ~ U AI" IU."fll FOUO NO:' PROJECT NO. 60101 agesHt J!.OFl. - PROJECT PARCEL NO. 7Da~ , 30' , LEGAL DESCRIPTION AND SKETCH li!I L---- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHlP 50 SOUTII, RANGE 26 EAST EXHIBIT ..L RIVIERA GOLF ESTATES Page-3- of.JL UNIT 2 P.B. 13, PG. 108-111 WEST THE EAST 10 FEET OF LOT ~5~. PROPEFffY UNE RIVIERA GOLF ESTATES. AS RECORDED I" PLAT BOOK 13. PAGES IDS-III. OF THE PUBlIC RECORDS OF CDLLIER Cl:IImTY FLORIDA. ~ ~ ::. LOT 455 ~ LOT 454 ~ LOT 453 ~ ~ ... , e"'.."....... a EASEI/EIfT (PER PLATJ ~ ~ ~ - ------------------------~------- - ---------------- ------ -- R/W Une -- KT CONSf"RIJC1'ION EASEI/EIfT ~ EAST" PROPEFffY UNE " ~ WESf"ERI:t RIW UNE OF ,. R/W FOR CWNTY BNIJi ROAD (CR 25/JJ ~ CWIfTY BNIJi ROAD (CII.258J LEGEIlD. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICE"SED BUSINESS P,B. . PLAT BOOK PG. . PAGE PSII . PROFESSIONAL SURVEYOR 8 IoIAPPER Cone.. CONCRETE R/W Une- - -- -- ,- r;: American DRAWN BY I JCII ~'a Consulting Engineers of Florida, LLC COLLIER COUN'I'Y CHECKED BYo SP 4111 L.nd O' L.kls Blvd. Suite 210 L.nd 0' LakU, Florida 3463Q DEPARTHEN'/' Of/' TRANSPORTA71ON DRAWI"G DATE. 08-18-05 Phon.: (813) U6-2300 Fax: (813) 096-1QO! C.rf/fic.'. o( Authorization No. 7110 SCALE. 1-.30' ./nfll c. N~G08. P.S.M. NrJ. 54.10 _.' ,.--.- ,,-'-,"~,-..._~ "' _...-- -'-"'~-'-- .-.-.----- PROJECT NO. 60101 PROJECT PARCEL NO. 7 ()& D . , LEGAL DESCRJ1>TION AND SKETCH !i!(L TEMPORARY CONSTRUCTION EASEMENT (NOT A ~Y) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXHIBIT L RIVIERA GOLF ESTATES Page~ of..1L UNIT 2 P.B. 13, PO. lO8-1ll THE EAST 10 FEET OF ~OT ~S3. RIVI~RA GOLF ESTATES. AS RECORDED w~sr IN PLAT BOOK 13. PACES 108-111. OF THE PROP~RTY liNE PUBLI C RECORDS OF COlLI ER COUNTY FLOR IDA. '" ~ '" ~ ~ LOT 453 ~ LOT454 ~ LOT 452 ~ 0.; ~ 0.; ~ \I) [ EXIsrING 2S' DRNNNJE ~ EASEI/ENT (PER PUTJ ------------- ------------------- -- --------~------ ---------- R/W Une - 10' CONST'I1UCrION EASEMENT f3 EAST PROPERTY liNE " ~ WEsrERIY RIW liNE OF F/I'f( FOR COONTY 8NUf ROil) (CR.Z68J ~ COONTY 8NUf RON) (eR. Z68J 9 ~ LEGENlh RIW - RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS I P.B. . PlAT BOOK I PC. . PAGE PSW . PROFESSIONAL SURVEYOR a MAPPER Cone.. CONCRETE R/wUne -- -- ~American DRAWN BY I JCW "Fa Consulting Engineers of Florida, llC CCi.LllJR COUN'lT CHECKED BY. SP 4111 Lend O' Let., Blvd. Suite 210 Lttnd 0' Lekes. Florid. 3463t1 DBPAIlTNBN1' OF ~.t77ON DRAWING DATE. 08-18-0S "hon,; (I13) 995.2800 Fax: (813) ig~-190B C.rtifiost. of Authoflzation No. 7110 ~r..&1 r:. I -.'Jt"I.. 1__'''' II_~__ ... ~ U u_ ..i.... FOLIO ~ PROJECT NO. 60/0/ PageSHEljt~ 1.. PROJECT PARCEL NO. 'O!;(F , 30' . ~ ~ t---- LEGAL DESCRIPTION AND SKETCH lEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTH. RANGE 26 EAST EXHIBIT C RIVIERA GOLF ESTAlES page..s=.. ot...J.:L UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT ~S2. RIVIERA GOlF ESTATES. AS RECORDED' IN PLAT BOOK /3. PAGES lOS-III. OF THE PUBlI C RECORDS OF COlL I ER COUNTY FLOR IDA. WEST PROPERTY UNE ... ~ ... ~ ~ LOT 452 ! LOT 453 ~ LOT 451 0.: ~ ~ [ EXISTING 2S' ORAiN.IGE !l! .- EASEI/EIfT (PER PLATI ------------- ------------------- -- --------------- ---------- - R/W Une_ Kl CONSTRIJCT'ION EASEIIEIfT ~ EAST PROPERTY UNE " ~ WESTERlY RIW UNE OF '" RIW FOR CW/fTY 8NW ROAD (CIl.2fi81 ~ CW/fTY 8NW ROAD (c.R.2681 LEGENlh RIW . RIGHT OF WAY LS . LAND SURVEYOR L8 . LICENSED BUSINESS P.B. . PLAT 800K PG. . PAGE PSU . PROFESSIONAL SURVEYOR B UAPPER Cone.. CONCRETE R/WUoo -- -- - Ii.- American DRAWN BY. JCU '~ Consulting Engineers of FlorIda, LLC r:nr '''''If COUNTY CHECrc;ED 8Y. SP 4111 Lind 0' L_le" Blvd. Suite 210 Lend 0' Leku, Florida 34638 DBPARTNENT OF 7XotNSI'QIfTA7l'ON DRAWING DATE. 08-/8-05 Phone: (813) U5-2800 Fu: (813) '98~1908 Certificate of Authorization No. 7110 SCALE. 1".30' Joo/ C. McGe., P.S.M. No. 6430 ">~._--,",,...- - .-.. "~~_., FOLIO He: tem N ,1 PROJECT NO. 60101 PROJECT PARCEL NO. ,?fJd ):" , LEGAL DESCRIPTION AND SKETCH ~~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXHIBIT c.. RIVIERA GOLF ESTATES Page~of--1L UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 fEET Of LOT 451, RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES 108-111, Of THE WEST' PUBLIC RECORDS Of COLLIER COUNTY FLORID.... PROPEFfT'Y UNE '" ~ ~ ~ ::J LOT 451 t LOT 452 ~ ei LOT 450 ~ ~ II; ~ [ EX1S1'I/iG 25' DRAlNN1E !i1 EASEI/ENT IPER PLATJ ------------- ------------------- -- --------------- ---------- - R/W Une - KT C'ONSTRlJCTION EASEI/ENT II> EAST PROPEFfT'Y UNE " ~ WEST'ERIY RIW UNE OF ~ RIW FOR COUNTY 8NIN ROAD ICJl.268J ~ COUNTY BNlN ROAD 1c.R.268J LEGEND. Rill . RIGHT Of WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . P"'GE PSW . PROfESSIOI'lAL SURVEYOR 8 IW'PER C. R. . COUNTY ROAD R/W Une- -- -- ~~n~t~[~~~e~r. of Florida. LLC DR...1lN BY I JCW CHECKED BY. SP 4111 Land O' Lak". Blvd. Suite 21Q rY>IJ ""I( COUNTY Land O' Lak"" Florida 3463~ DEPARTHENT (JI' 7JU/\/.!IiiO\:WA. 'I7ON DRAWING DATE. OS-IS-OS Phon.: (813) ggS-2800 Fu: (813) UG-nOB Cartlfi.c'!.te. '}f _Authf!.r'!a..~ion No. ?~ 1 0 er... C'. I.._'t;n. FOLIO ~, t PROJECT NO. 60101 -' PROJECT PARCEL NO. ,OJ. Ii- , 30' , LEGAL DESCRIPTION AND SKETCH Il~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXHIBIT c... RIVIERA GOLF ESTATES Page--2- of..J.L, UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT ~SO, WEST RIVIERA GOLF ESTATES. AS RECORDED PROPEFffY UNE IN PlAT BOOK 13. PAGES 108-111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, \ :tC '" -0 ~ ~ " ~ -0 LOT 450 '" LOT 451 Ie ~ ~ ~ [ EXISTING 25' ORNHIGC - EASEI/EIff (PER PLAT J ------------ -~---------------- ---- ---------------------- - RIW U~ Kr CONSTRVCfION EASEI/EIff III EAST PROPEFffY UHE & ~ WESTERlY R/W UHE OF ~ R/W FOR C(XJ1ffY BNUi RON) (CJl.2:68J ~ C(XJ1ffY BARN /iO){J (CJt2:68J LEGENO, RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PlAT BOOK PG. . PAGE PSM . PROFESS I ONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD - R/W-Une -- -- W...- American DRAWN BY. JCM .,. Consulting Engineers of Florida, LLC rnu lRIl COUN1T CHECKED BY' SP 4111 Land O' L.hs Blvd. Suit" 210 Lend O' Lek... Florida 3463Q DBP.tUlTMENT OP 77UNSPORTA TION DRAWING DATE, OS-IS-OS Phone: (813) ~9'-2IJOO Fu: (813) U6-19QI C.rtlflcat. of Authorization No. 7110 SCALE. 1-,30' In'" r. u...n.." D 0;: U Al.. #I.6')n ".."'...._~,~-"...-._'-- . .-,-.--------.. . ..,,"_. FOLIO NC); d I PROJECT NO. 60101 PROJECT PARCEL NO. rlOa. H , 30' , LEGAL DESCRIPTION AND SKETCH ti!'lL-- - TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) /\ SECTION 17, TOWNSIDP 50 SOUTIJ. RANGE 26 EAST EXHIBIT C. Page...L of--LZ- RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. lOS-ill THE EAST 10 tEET OF LOT 4~9. RIVIERA GOLt ESTATES. AS RECORDED IN PlAT BOOK 13. PAGES lOS-III, OF THE PUBLIC RECORDS OF COLLIER COUNTY tLORIDA. LOT 449 LOT 450 LOT 447 [ EXISTING 2S' ORNNNJE EASEMENT IPER PIN) ------------~------------ --- ---------------- ----------- CONSTRUCTION EASEMENT \ R/W line -- IU COI/ST'RUCTKJN EASEMENT EAST PROPEfirf UNE " WESTERlJ' R/W UNE OF R/W FOR COUNTY BARN RON) rC.R2fi8) COUNTY BARN RON) rc.R.2;68) LEGEND. IWlaTH VARIES) RIW . RIGHT OF ny LS . LAND SURVEYOR IA . 'IrEN P.B. . PLAT BOOK _R/W line pc. . PAcE --- PSM . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAO ".~ ~n~t~;~~~.~r. of Florida, LlC DRAIN BY. JCIot CHECKED BY. SP 4111 Lend O' Lakes Blvd. Suite 210 mil ""I COUNTY Land 0' Lakes, Florida 346311 DBPARTKllN7' ot' 17UNSPOIlTA.77ON DRAWING DATE. DS-18-05 Phone: (813) 996-2BOO Fer: (813) 1194-1908 C.rtificat. of Authorization No. 7110 c;.r:A'~, ,".'n- ,,,,,,..,,.. u,.r.:...... D ~., AI... ~~~n PROJECT NO. 60101 - - PROJECT PARCEL NO. fJO<<I , 30' , LEGAL DESCRIPTION AND SKETCH !ii1l~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXHIBIT C. RIVIERA GOLF ESTATES ~~ UNIT 2 page....:L oU..:L P.B. 13, PG. lO8-111 ~~ THE EAST 10 FEET Of LOT 429. RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13. PAGES 108-111. OF THE PUUl IC RECORDS Of COLLIER COUfolTY FLORIDA. \1! ~ ::;j ~ ;:j ~ ~ ~ ~ ~ LOT 429 i - LOT 432 LOT 428 LEGEMh RIW . RIGHT Of WAY L S . LAIIO SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSIot . PROfESS I ONAL SURVEYOR a MAPPER C.R. . COUfolTY ROAD [EXISTING 25'ORNNa EASEMENT IPER 'PlAT} --------------------------------- -----------~-~--- --~----~-- R/W line - -'- R/W FOR 10' CONSTRUcrION EASEI/ENT ~ CXXJNTY BMN RON) (C.R.268J EAST' PROPERTY UNE " IW/WH VARIES) WESTERJ:l R/W UNE OF - CXXJNTY BARN RO.AD IC.R. 2f38} - R/W line - -- ti...- American DRAIIfoI BY. JCIot .ra Consulting Engineers of Florlde, LLC COUJER (X)(JNTY CHECKED BY. SP 4111 Land 0' Lalces Blvd. Suit. 210 Land O' Lat.., Floria. 34'" D/JP.t.RTHBNT OF T1<<N1JIPOR'I'ATION DRAWING DATE. 08-18-05 Phon,,; (813) 995-2800 Fax: (tl13) Ot6~U08 Certlflcat_ of Authorization No. 7110 SCAL[. 1".30. I.....' ~ u..r.:... D C! U lJ.. .1:"'." ,~._--,..- -..-..-'-' ,- ----- PROJECT NO. 6010/ PROJECT PARCEL NO. .70<9.:::r , 30' , LEGAL DESCRIPTION AND SKETCH li!!l L---- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST EXHIBIT C RIVIERA GOLF ESTATES page..J.L ot....1i:.... UNIT 2 P.B. 13, PG.I08-111 THE EAST 10 FEET OF LOT 428, RIVIERA GOLF ESTATES, AS RECORDED ~~~ IN PLAT B~ 13, PAGES 108-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ~/jo WEST' PFIOPEffTY UNE LOT 428 ~ tu :;j ~ LOT 429 t ~ '" ~ LOT 427 ~ ~ Il. ~ ~ LEGEND. ~ RIW . RIGllT OF WAY LS . LAND SURVEYOR LB . LICENSED BuSINESS P.B. . PLAT BOOK PG. . PAGE PSII . PROFESSIDliAL SURVEYOR a IlAPPER C.R. . COUNTY ROAD [EXISTING 2S'ORNNJCE EASEMENT (PER PUJ' J ------------ ------------------- ----------------- ----------- R/W Une - RIW FOR 10' CONSTRUCTION EASEMENT e COON'TY BARN ROAD (CR.268J EAST' PROPEffTY UNE & IWIDrH VARIES) WEST'ERlJ' R/W UNE OF' COON'TY BARN ROAD ICR. 268} - R/W Une ~ -- r;.'~n~t~;~~~!:r. of Florida. LLC DRAWN BY. JCII COLLIER WUlV7T CHECKED BY. SP 4111 Land O' Lahs Blvd. Suite 210 Land O' Lake., Florida 34639 DBPARTNBNT Of" 7'RANSPORTA7lON DRAWING DATE. OS-IS-05 Phone: (513) 998~2800 Fax: (813) ~g6-1908 C.rtificat. of AuthorJution No. 7110 ~...... ro_ ... ....... PROJECT NO. 60101 SHEET 1. OF 1. - PROJECT PARCEL NO. '70Ci ~ 30' . , LEGAL DESCRIPTION AND SKETCH ~~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXHIBIT ...L RIVIERA GOLF ESTATES UNIT 2 Page-LL of-1.L P.B. 13, PG. 108-111 , D~~ THE EAST 10 FEET OF LOT ~27. RIVIERA GOLF ESTATES. AS RECORDED IN PlAT BOOK 13. PAGES 108'111. OF THE PUBLIC RECORDS OF COlLIER COUNTY FLORIDA. WEST PROPERTY UN/: ~ :::; '" ~ ~ ~ ~ ~ ~ LOT 427 ~ ~ - ." LOT 428 LOT 426 [ EXISTING 25' DRNNIGE EASEMEIfT IPER PWI ------------ ------------------- ----------------- ----------- -- R/W Une 10' COIISTRUCTION EASEMEIfT EAST PFr:lPERTY UNE &- WESTERlY RIW UNE OF COUNTY BARN RONJ feR. 2S81 ~ R/W FOR COUNTY 8ARN RONJ 1CJ/..2S81 LEGEND. M RIW . RIGHT OF WAY lS . lAND SURVEYOR LB 'L I CENSED BUS I NESS P.B. . PLAT BOOK PG. . PAGE PSIot . PROFESS I ONAL SURVEYOR a IoIAPPER - C.R. . COUNTY ROAD -- R/W uiIe - ri..... American DRAWN BY. JCIot .'a Consulting Engineers of Florida, llC crJLlJBR COCINTT CHECKED Bn SP 4111 Lend O' LUu Blvd. Suit. 210 Land O' L.ke~. Florid. 34"S1 DBP..urrHENT OF 77lANSPf1RTAT1ON DRAWING DATE. OB-18-DS Phone: (813) U8-2aoO Fax: (813) 995-H/OtJ C.rtificat. of Authorizdion No. 7110 --.. - -..^--.-.-.....- ..-.....--..-.,-...- ..~ _".___._e. --.-.- PROJECT NO. 60101 PROJECT PARCEL NO. 70dj L , LEGAL DESCRIPTION AND SKETCH ~ L--- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIllP 50 SOUTH, RANGE 26 EAST c.. RIVIERA GOLF ESTATES EXHIBIT UNIT 2 pageJ..L of...LL P.B.I3.PG.I08-1lI THE EAST 10 FEET OF LOT 426. ~Ell..LE ,RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13. PAGES 108-111, OF THE DltIve PUBLIC RECORDS OF COlLIER COUNTY FLORIDA. WEST ~ PROPEHT'Y UNE ;:j ~ LOT 426 ~ Cl; 'l: ~ '" LOT 427 LOT 425 [ EXISTING 25' DRA/NIGE EASCME/ff (PER PLATJ ----~------- ~------------------ ----------------- ---~------- R/W Une - - /(/ CON5TRUCTION EASEME/ff EAST' PFiOPEHT'Y UNE " WESTERU R/W UNE OF CtXJNTY BARN RONJ 1c.R.2S8J e R/W FOR COUNTY BARN ROM) IC.R.2S8J LEGEND. RIW . RIClHT OF WAT LS . LAN) SURVEYOR La . LICENSEO BUSINESS P.B, . PLAT BOOK PG. . PAGE PSIot . PROFESSIONAL SURVEYOR 8 UAPPER C.R. . COUNTY ROAD -- R/W Une - r;.;~n~t~;~~~~r. of Florida, LlC DRAIN BT. JCIot CHECI(ED BT. SP 4111 Land O' Laku Blvd. Suits 210 rYY I nut CfJCINTY Land 0' Lakes, Florida 346.!g DilPICRTKllNT 0fI TRANSPORTA77ON DRAWING DATE. 08-18-05 Phon.: (413) P96-~,OO FiX: (813) 996-1908 CertfflclJt. of Authorization No. 7110 SCALE. 1-.30' Joel c. McGee. P.S.M. No. 8430 FOLIO ~~ It PROJECT NO. 60101 LOFL - PROJECT PARCEL NO. ~O8. [f\ ,.30' , LEGAL DESCRIPTION AND SKETCH li!C L---- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) tI.l SECTION 17, TOWNSffiP 50 SOU1H, RANGE 26 EAST ~ - RIVIERA GOLF ESTATES E:S 0-4 - EXHIBIT C- , UNIT 2 tI.l 0 ~ - page.J2.. of~ . P.B. 13, PG. lOS-Ill I ~~"": I o C? I C1 ~ THE EAST 10 FEET OF LOT 42S, MARSEILLE I ~ ~ RIVIERA 'GOLF ESTATES, AS RECORDED DRNE I ~ ~ IN PLAT BOOK 13, PAGES 108'111. OF THE I PUBLIC RECORIlS OF COLLIER COUNTY FLORIDA, \g :;:j ~ LOT 425 ~ on '0 t<l E-< - '" 0 LOT 426 ~ ....l [ EX/5TING 2S DRNNNJE EASEMENT (PER PlAT) ------------ ------------------- ----------------- ----------- R/W Une - - 10' CONsrRlCrKJN EASEMENT Em PROPEmY UNE 8< wEsrERIY R/W UNE OF COONTY BNlN RO/V) (CR. 268J ~ RIW FOR COONTY BARN ROAD (CR. 2S8J LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. , PLAT BOOK PG. ' PAGE PSM . PROFESSIONAL SURVEYOR B ~PER .- C.R. ' COUNTY ROAD -- R/W Une - Ii: American DRAWN BY. JCM .ra Consulting Engineers of Florida. LLC Cnn rmr CfXlNTY CHECKED BY' SP 4111 Land 0' Ldu Blv(/. Suite 210 Lud O' Lat... Florid. :U63' DBPARTH8N'I' OP 7JlA.NSPORT.tTlON DRAWING DATE. 08-18-05 Phona: (813) U5.28'00 Fax: (813) 996-1808 CfJ~tm.c!t..fJf_Auth~r'!~~Jo!l. No: .~! 10 r,....~. 1","1'\. . ..._~,~~,..,,"_._.,- ".- _..,.""v,_~_ -.----.-. PROJECT NO. 60101 SHErr 1. OF 1. PROJECT PARCEL NO.7 be!}. N . 30' , LEGAL DESCRIPTION AND SKETCH ~L- - lEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIllP 50 SOUTII, RANGE 26 EAST EXHIBIT C. RIVIERA GOLF ESTAlES Page.J.:L of...1Z.. UNIT I P.B.12, PG.ll0-111 THE EAST 10 FEET OF LOT 3~S, RIVIERA GOLF ESTATES. UIlIT OIlE, AS MARSEILLE RECORDED IN PUT BOOlt 12. PACES 110-111, DRNE OF THE PUBLIC RECORDS OF COLLIER COUIlTY FLORIDA. L ~ PFIOPEmY UNE ::i ~ ~ t ::i l5 LOT 365 ~ ~~ ~ ~ ... ~i LOT 425 i ... ~I ~I u [ EXISTING 25' DRNNIGE j EASEIIENT (PER PLATJ ------------ ---------~-------- - ------------------- CONSTRUCTION EASEMENT / R/W line - 10' CONSTFItlCfJON EASEIIENT EAST PFIOPEmY UNE lit WEsrERlJ' RIW UNE OF COONTY BMII RON) (CR. 268J e RIW FOR ClXIIffY BMII ROAD (C.R. 2681 LEGEIlO. 51 RIW ' RIGHT OF WAY L S 'LAIlO SURVEYOR LB 'L1CEIlSED BUSIIlESS P.B. . PLAY BOOK PG. . PAGE PSIoI . PROfESSIONAl. SURVEYOR a IoIAPPER C.R. , COUIlTY ROAD -- R/W Une - ~'~n~t~~~~~e~r. of Florida. llC DRAWl! BY. JCIot CHECKED BYI SP 4111 Land O' L.lkeS Blvd. Suit. 210 rnlJ 1RI1 CXXINT'Y Land O' Lak,n, Flor/da 34'3'1 IlilPAR'1'HBN'I' Of' 77UNSPORTA 77DN DRAWIIlG DATE. 08-18-05 Phon.: (B13) '95-2800 Fu: (813) g96-1908 Certific.t. of Authorization No. 7110 ,."...~. I or_..". FOLIO PROJECT NO. 60101 - _ PROJECT PARCEL NO. 70f) 0 ' 30' , LEGAL DESCRIPTION AND SKETCH li!( L.--- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTII, RANGE 26 EAST EXHIBIT (' RIVIERA GOLF ESTATES UNIT 1 P808-LL. of...{.Z.... P,B. 12, PG. 110-111 THE EAST 10 FEET OF LOT J~J, RIVIERA GOLF ESTATES. UNIT ONE. AS MARSEILLE RECORDED IN PLAT BOOK 12, PAGES 110-1 II, OF THE PUBLIC RECOROS OF COLLIER COUNTY FLORIDA. DRIVE L PROPERTY UNE ..., ~..., ~ " 9 ::5 t:; ~ ~ ~ ~ ~ ~ g,; <>:: ~ S ~ LOT 343 "- LOT 342 ~ 0 1"- ~ i:ll :z: a: U 18 ~ If) [EXISTING 25' DRNNNJE EASEliEIff (PER PlATl ----------- ----------------- ----------------- 10' CONSTRUCTION EASEliF::1fT' EAST' PROPE/fTY UNF:: & R/W FOR WESTERIJ' R/W UNE OF COONTY 8NIN ROAD (CR. 2681 COONTY BARN ROAD (CR. 2681 !WIDTH VARIESI S LEGENO. . LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C. R. . COUNTY ROAD - - R/W Une - ri...- American DRAWN BY! JCM .r.. Consulting Engineers of Florida, LLC CHECKED BY. SP 4111 Land 0' Lakes Blvd. Suite 210 COLlJER COCINTY Land O' La..., FI.,'d. 34630 DePARTMENT OF TRANSPORTA77ON DRAWING DATE. 08- 18-05 Phone: (813) 998-2800 Fax: (813) 996-1908 Certificate of Authorizstion No. 7110 SCALE 1".30. J091 C. McGtHl. P S.M. Nn IfU::tD · *""'"-~.,,-_.,.-'_' "-~'-,- - .._.-._'"._--~..- PROJECT NO. 60101 PROJECT PARCEL NO. 'I DB \J , 30' , LEGAL DESCRIPTION AND SKETCH li!!l~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUlH, RANGE 26 EAST EXHIBIT L RIVIERA GOLF ESTATES UNIT 1 Page.1.Ia..- of-LL P.B. 12, PO. 110-111 THE EAST 10 FEET OF LOT 342. RIVIERA GOlF ESTATES. UNIT ONE, AS MARSEil.LE RECORDED IN PLAT BOOK 12. PAGES liD-III, DRIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. L PROPf.mY UHf. 1 ~ :r: :r: ~ ." LOT 343 LOT 342 ~ '1J "" LOT 341 SJ ~ =< S; 'i '" "" [ EXISTING 25' DRAlHN;E EASE:IIE:/fl' fPER PIATJ ---------------------- ---- ------------------ ---------------- -- - 10' CONSTRUCTION EASE:IIE/fl' EAST PROPEmY UHE " RIW FOR WE:STERIY RIW UNf. OF COUNTY BN/H RON) fCR. 2S8J COUNTY BARN COUIfl'Y BN/N RON) fCR. 2S8J IWICffH VARIESJ ROAD (C.R 268) e LEGEND. . LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. ' PLAT BOOK PG. . PACE PSM . PROFESSIOI'lAL SURVEYOR a MAPPER C.R. . COUNTY ROAD -- R/W line - ~~n~t~[~~~e~rs of Florida, LLC DRAWN BY' JCII rnlJ "'"It COUNTY CHECKED BY, SP 4111 Land O' Laku Blvd. Suite 210 Land O' L8kU. Florida 3463g DBPARTJIIBNT 01" TIlANSPOIlTA71ON DRAWING DATE. OB-18-05 Phone; (813) 998-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 SCALE. 1-,30' Joel C. McGee, P.S.M. No. 6430 FOLIO ~ PROJECT NO. 60101 - - PROJECT PARCEL NO. ':IDa. Q , 30' , LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST EXHIBIT (. RIVIERA GOLF ESTATES pageJ..:L of-i.L UNIT 1 P.B. 12, PO. 110-111 THE EAST 10 FEET OF LOT 3~1. RIVIERA GOLF ESTATES, UNIT ONE, AS RECORDED IN PLAT B~ 12. PAGES 110,111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE WEST' PROPERTY UNE LOT 342 ~ LOT 341 :t LOT 340 ~ ! "to '" ~ <:: i!i\ [ EXISTING 25' DRAlNIGE EASEllc/fT' (PER PlATI ---------------------- ---- -------------------- -- R/W FOR 10' CONSI'RUCrION EASEIIE/fT' COUNlY BARN C!JUNTY BNlN RON) (CIl. 2.681 EASr PROPEfUY UNE " (W([1l'H VMIESI WESI'ERIY R/W UNE OF ROAD (CR. 268) ~ C!JUNTY 8AI'lN ROAD (CIl. 2[;81 LEGEND. RIlt ' RIGHT OF WAY LS ' LAND SURVEYOR SI P.B. . PLAT BOO~ PG. ' PAGE PSM ' PROFESSIONAL SURVEYOR a MAPPER - C.R. ' COUNTY ROAD -- R/W Line - riA" American DRAWN BY. JCM .,. Consulting Engineers of Florida, lLC COI.UlIIl aJlINTY CHEC~ED BY' SP 4111 Land O' Lahs Blvd. Suit. 210 Land 0' Lakes, Florida 3463Q DEPARTMENT 01' 1JUNSPOR1'A,'l'ION DRAWING DATE. 08-18-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Cart/ficate of Authorization No. 7110 SCALE. 1",30' JOBI C. McG9f1. P.S.M. No. 6430 _ m'.<'~"..."""'"'"...__"__~_ _._.^-_._.,.~~.~'" .--.-....-- FOLIO ~e dM~ PROJECT NO. 6010/ PROJECT PARCEL NO. tua "R , EXHIBIT C LEGAL DESCRIPTION AND SKETCH ~ L----- page.JL. of...l.L l'EMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUrn, RANGE 26 EAST RIVIERA GOLF ESTA rns ~y~ UNIT 1 P.B. 12, PO. 110-111 ~~ THE EAST 18 FEET OF THE SOUTH 12 FEET OF L RIVIERA GOlF ESTATES. UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 110-111. OF THE PUBLIC RECORDS OF COlLIER COUNTY FLORIDA. WEST PROPEIm' liNE LOT 339 ~ ~ ~ LOT 341 <'.1> LOT 340 ?: ~ <<' [ EXISTING 25' DRAlNI>GE EASEI/EIff {PER PLAT! ----- ------------------------ -- R/W Une -- -- RIW FOR 18' CONSTR1.ICTION EASEI/EIff IXXlNTY B.4RN ROAD feR 2f581 EAST PROPEIm' liNE & !WIDTH VARIES} WESTERlY R/W liNE OF ~ IXXlNTY BARN RON) {CR. 2f58} COUNTY BARN ROAD LEGEND. (C.R. 268) RIW . RIGHT OF WAY LS . LAND SURVEYOR NES P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER -- C. R. , COUNTY ROAD R/W LIne -- ""~n~t~[~~~a~rs of Florida. LLC ORAWN BY. JCM lXJLL/ER COCINTY CHECKED BY. SP 4111 Land 0' Laku Blvd. Suite 210 Lana O' Lakes. Florlaa 34639 DBPA.RTNENT OF 1'IUNSPORTA.TION DRAWING DATE. OB-18-05 Phone: (B13) 996-2800 Fax: (813) 998-1908 Certificate of Authoriution No. 7110 SCALE. 1-.30' '''6/ r u"c:".... Q I;! U A'~ /III""n t4Tl>>li"'~1/f""'7CfH/I','....r"'"^',, mlzrK(JI..fI'IHII ~f~ ~/fPJ h ~~ ~ ~ C\J<D j EXHIBIT D ~ ~<<(.$J ~ ;~ p......L- of-l- ~~ r8'-r1 ~ ~~ wi~ 1/1 ~~ ..., -1/1 T~!' . ;::'" ~~ lor-. ~ ~ ~~ tr~ -~ '" Q~ .1 ~~ . '" f-- ;:-j ~ ...,..., ~T Ii " ~ ...,,,, ~'~-i ~lj ~g ~ ~ ~f;j ~ ~ ~C5 ~ ;:: ~ ~ -'-'> ~~ . ~ "'e~ ll! '" ~~I e . ~~ ~ ~ ~ .~ \Is . '~. VI ~ . ~'" ~ ~ ~ ~n ~ !; ~, ~ ~ >-~ ~ -*- "" ~~ ~ ... tJ ~ " ~~ I ~ ~ ~ " 0 T~ ~ >-:0 ~ f" ~ is ~~ ~ ~ '" >- "'''' :?: ~ t liJ '-' a:~ cl ~ - ~ ~ ~:j ~ i ~ 8 ~ - ~ ~ ~ - ~~S ., s ~ '" ~;, Ii! tJ' ' ~ -- - r ~~ h... -I ~ , ..J ~ '" J: t~ i ,. 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Agenda Item No. 1663 March 14, 2006 Page 1 of 9 .- EXECUTIVE SUMMARY Recommendation to accept the conveyance of right-of-way via quitclaim deed which is required for intersection improvements at Davis Boulevard and Lakewood Boulevard, Project Numher 60016 (Fiscal Impact: $527.00). OBJECTIVE: To obtain authorization from the Board of County Commissioners to accept a Quitclaim Deed for right-of-way required for the construction and maintenance of intersection improvements at the intersection of Davis Boulevard and Lakewood Boulevard. CONSIDERATION: The property necessary for the intersection improvements was appraised in-house by our review appraiser. The value of the property was assessed at $500,00. The F ox fire Homeowners Association has agreed to sell the comer clip at the intersection of Davis Boulevard and Lakewood Boulevard for $500,00, FISCAL IMPACT: The right-of-way Acquisition can be secured for roughly $527.00. This amount includes the cost to purchase all land and improvements and recording fees, Funds are available in gas taxes. Source of funds are gas taxes, GROWTH MANAGEMENT IMPACT: The work authorized by this Resolution is designed to enhance the safety of citizens as they use existing County roads. Thus, the ,~ recommendation is consistent with the County's long range planning efforts. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Agreement. 2, Authorize its Chairman to execute same on behalf of the Board. 3. Accept the conveyance of right-of-way via Quitclaim Deed. 4. Authorize staff to record the Quitclaim Deed and any other necessary documents relating to this transaction in the public records of Collier County, Florida. 5, Approve and authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the approval of this Executive Summary, Prepared by: Lorraine Lantz, ROW Coordinator, TECM Right-of-Way Attachment: 1. Agreement 2. Quitclaim Deed - ...-.... Ager,da Iterll NO 16B3 rJarCfl14.2QOO F'age20f9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - ItelTlNulTlber; 16B:'I Item Summery; f,tlcmwnr",daholl to accepll~le cc~voyanL'" 01 riUh,-,,(-way yih quiTclmm dlled which is req'lir;od fe" inl,,'~<)ction improvem<lnt~' ill DilVis Bou;eVilrrl and Lak"lwood 8oule"ard, Project 1.j;Jmbe'60016:F,scal Impact: S527,1}Ol Meeting Date: 3/14i2(){)b!l:OO'OOAM Prepared By Lorra;neuntz RI<]ht Of Way Co,",dir'\ator 0.. T,ansp",rtati",nS.",lcu TEeM.ROW 2122120%4'23;51 PM Approved By Kevin Hendrich RighI 01 Way Acquis;tion Mana\lGr 0'. Trarl$pol1ahonSG",lce$ TEeM.ROW 2121f200&~,35AM Approved By N~jehAhmad Di,,,cto, 0.. Trarl$portal;onSu"'ices Tr~Mportati.,,,E,,gi"e"r;ng& 2121f700GJ:2(;PM Con~l,ucti(lrlManag'mm"t Approved By DalGA.a"thon,P.E Pr.nicll,,,1 F'rojcct MaE>a9'" Datu Trarl$l'ortalion S~"';ce" ''''''''l'orUlliollEllgi''BCdrlg<'lrld Z/28/20066;33AM C"""lrucli"" Approv~d By N"rm E,Fodor, AICP T'~nsporlatl""Divisi"nAdministralor 0," Tra"&r",rt~H"" SNV;C'.l' T"""'l""taho" S"r~i"..,; Atlm;rl. 2il01Z00&9;41 AM ApprovedB}' Lisa T~ylor M~l1~g""'''rlt!B''dg'''t Analysl 0'. Tr"rl~l'orl"lion Su",ic..s lraMporlatio"Ad",ini$lr~h"'rl 2!:l81100fi 10:43 AM AppruvedBy RookmirlNauth M""sgemll"tlfludgclA"aIY1it Date T"'''SI''>rI"tiol1S",v;''''$ "anspo,lalio" Engirl",~'irlg and llni20n51C:45AM - ConM'UCliM' Appron'dBy PnlLnlmh,,,d Executivo S~crelary O,W T'all"p"rial"",S",,~i"M Tmn.'~(l'l~li(lll S..,,,i,..,,, A,jmin Zi2fl1Zl)l)6Z,11PM Approved By OMI3C"ur<J;naro, A<lmi"isl""li~~ A...i\;\"nj D"t" CounlyM"""\jcr"sOlflee (}fl'icoolManagcmc"l&fh,dg..! 3,'112006 IUS AM Approved By Si.lsa"Ushe, s..n,,,,Ma~a9"melltJ!lu<l9atA""11"'1 0.. COUrlly Manager's Ollke Office 01 Mmmg"lrlMt.& Budgul 315120ll8"lGAM ApprovcdBy M,c"a..1Smyl<ows~i M""ag"me"l I> 0,,<l9ot Diredor Data CounlyMMag<;,'sOftka OllkeofMa"ag"me"I&Budg~l 3!5i20(}612:19PM Approved By Leo E.Od,s, Jr Da",ulyCourllyM""ag"" Date B<>a,<l01 COUrlty C"rl'mi&siorler~ COLmiyMan"g,,,',,om,,o 31lli200li3,24PM - -""- .-..- ---- --_._-.~-_.- '.' Agenda Item No. 16B3 .. March 14, 2006 Page 3 of 9 PROJECT: 60016 FOLIO No(s): Part of 61844640005 AGREEMENT THIS AGREEMENT hereinafter referred to as the "Agreement") is made and entered into on this 3L- day of AAr , 200', by and between FOXFIRE COMMUNITY ASSOCIATION OF COLLIER CO NTY, INC., a Florida non-prollt corporation, whose mailing address is 1030 Kings Way, Naples, Florida 34104 (hereinafter referred to as "Owne('), to 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"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a fee estate in the land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to the County for the stated purposes. on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Property. NOW, THEREFORE. in consideration of these premises. the sum of Ten Dollars ($10,00). and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2, Owner shall convey the Property to County for the sum of $500.00, in a form acceptable to County (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owne(s remaining lands, costs to cure, and all other damages in connection with conveyance of said Property to Purchaser. including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Ciosing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments. properly executed, to County on or before the date of Closing, 4, This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property, 5, Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida, 6. County shall pay all fees to record any curative instruments required to clear title, all recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance Agenda Item No. 16B3 March 14, 2006 Agreement Page 2 Page 4 of 9 - recorded against the Property; provided, however, that any compensation, costs and/or fees required to secure and record releases or satisfactions, shall be the responsibility of the Owner. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits, 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, Including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein, 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS ,- DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: ,Deputy Clerk , Chainnan AS TO OWNER: DATED: :l'1Ln......1 3/, ~o~/. FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC., a Florida non- profit corporation BY: sldent VAw\pJA T ~r'\(1Y\ Name (Print or Type) ~A.- 1)" 1L:Jj Witness (Signature) b('; p..", l\. ~:c\.eJ Name (Print or Type) Approved as to form and legal sufficiency: ~ ,/i/( V~hA~ Ellen T. Chadwe I Assistant County Attorney ~ _,,,w,._ ..__.~.._-"~.~., ---- --- ',J .. ~ '. N C')(,OO) ':12 ":::Eijl<..lwl"'_~ alO_ ;: " 0. ~~il[3;;-~.. '~8- O.;;.N <.0 0 0 <( ~ 'j; " -g~ ., .....,... = or- <n ..- N L{) 0 W II ~ .J:. ~c It) e CO..r:. ~ '~Q} 0 J: ~ "C 0 C '> c.. II) :;::: Z"~ OJ We> Z =1' crj .........J:I: >-::.:: U'} .. ........co... ~~oc. <() 8 or t:: u . ::I: V) ::l.!; .l!! Cii ~ w ~ is ~ " ~ "'", t! ~ I!' "g f.! -~ w 0<0 Z I.&... _ co II ~HU.1 co"::: ,,,= = l: 0::: lI.Jzu~< OOlt).. __..... '-'(()"-v W u""" I- 120 t-=...... 811 -g ~ .a.v..q. F!: ZI.J>-~!a ~<... ijUiQ 0 ""..: Q.l 0:,,1"")0') . w~~l-a CHI)' .....00 C'I fiL. 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C(<::::!: uz~a:::m _. . " ,'. . - - ~_..._--~_.,- --.- Agenda Item No, 1663 March 14, 2006 Page 7 of 9 A Portion of the Real Property identified by Property Appraiser's Parcel Identification No. 61844640005 This instrument was prepared without opinion oftitle by and After Recording Return to: Douglas A. Lewis, Esq. Roctzel & Andress 850 Park Shore Drive, Suite 300 Naples, Florida 34103 (239) 649-6200 (Snace aoove this lineforMCnl'dinrrdata) OUIT CLAIM DEED This Quit Claim Deed is made this ~ day of ~<<AJ'~ . 2006, by Forlire Community Association of Collier County, Ine., a Florida not-for-pront corporad D whose post office address is 1030 Kmgs Way, Naples, Florida 34104 ("Grantor"), to ColUer County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 ("Grantee"): (Wherever used herein the tenns "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees.) Witnesseth, that the Grantor, for and in consideration of the sum of TEN AND NO/tOO DOLLARS (StO.OO) and other good and valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has, if any, in and to the following described Jot, piece or parcel of land, situated, lying ar,d being in Collier County, State ofFJorida, to wit: SEE ATTACHED EXHillIT "A" Subject to easements, restrictions, and reservations of record. THIS IS NOT TIIE HOMESTEAD PROPERTY OF THE GRANTOR, In witness whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above wntten, Si1l"ed soaled and delivered in !he ",",once of: FOXFiRE COMMUNIIY ASSOCIATION OF Witnesses: COLLIER COUNTY ,ll'JC., a Florida not-for-profit . ~ e.::.-. %J. 1J.. )./ By: {i / PlmtNarne: II r,.~ ~ /oIe.,!.1 J dorf.~ priIlf!;.;;" IC..~ ~r'" ~ "1 [Seal] STA 1E OF FLORIDA ) )ss: COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this ..JL day of -:\ Af./UAL ~ . 2006, by IlUl1es Klusendorf, President of Foxfire Community Association of Collier County, Inc., a Fl 'da not-for- pr.)fit corporation, on behalf of said not-for-profit corporation. He is rsonall known to me or has produced as identifica [SEAL] Notary Public in d for the State of Florida 1....ii;i...."......P.ilW:j~1 Prin, Name:l1f....... J,,:r (l AN AlOAl ; ('Ii' """""""""".21_ Commission No,: .:Ie' 't:l'DO.;lIw::6 I ! ~ =..-::= . 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Agenda Item No, 16B4 March 14, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve one (1) Adopt-a-Road Program Agreement at no cost to the County because of already existing signs. OBJECTIVE: To approve for execution by the Board of County Commissioners Agreement signed by the volunteer group of certain adopted roadway under the Collier County Adopt-a- Road Program, CONSIDERATIONS: That the volunteer group so named be recognized as the sponsor of the particular segment of roadway named in the Agreement, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: There is no cost associated with this Agreement because these signs already exist. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer group: Remembrance of Cannen Sanniento as the sponsor of the listed roadway and that the Board of County Conunissioners authorize its Chairman to execute one (I) Agreement on behalf of Collier County, ---, Prepared by: Margaret A, Ramos, Administrative Secretary, Road & Bridge Maintenance Dept, Attachment: Agreement (1) .- Agenda It6m NO. leSt:! March 14. 2006 ~'age 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .~-, ItamNumbar: 1684 itamSummary: RilC"mmllnd~ B"a,.:j's Approval of Adofl'"A-Rllad Ag'",..men! (1,1 for rhe IO:low;',g Remembr~,.,ce of Carmen Sa'mi"nto. Meeting Date: :>;14i200&8 DO:O(l ,\M Prepared By M"'9Mp.tA.Ram"" Admi"iatr.~I.I"..S"crCI~ry Dall! Tra"fiportali.,,,S,,,,,iep.$ Road Mai"to"<~f><~O 2127120ll83:51:41 PM Approved By N",,,,E.Fed..,,AICP T'''<l61l0'Wti,m Di"i"i"n Admi"i"tralor Dale Tran"l>orl~ti<lnSer"jcu Trall61'orlation S",r;ic~s Aumin. 2121\,'20059;42 AM Approved By Li~" raylo, Manage.mcnVBudg"tAnalyt;t 0.. Tc..nsportatioI'\Sc",;c.." TraMp<>rlali<>nAdminist,ati<>n 2f2812GG610:44AM Approvcd By R"okminNaUlh Mana\lementlBud9~t Analyal 0.. TfanaportationEngineerlngand 2f181200fi1ll:45AM T r~",~p<"'I:ntil>n Services Construclio" Approved By J"ffKI~Qi<ow AsmslantCountyAltorney Dall! Cou"tyAtto",<>y C"''''tyAltornoyOWot' 3'li2011fj1U1AM Approved By PalL<!fml1nrd f.xun,(iveS<!Cfetnry Dale Tran~porlati<>" Ser";""~ Tm"';porl"lion S,,,vices Admin 3nflO(!51,31 PM Approved By OMBCoMdi"a((Jf Administ,aliveAss;stllnt 0," County Man">l"f'sOffino Offin"fMa""g,'mnnllJ.a"flget ~f212110fi 10:12 AM Approved By - M",klsack!>"!1 B''''II'!! An"ly~1 Dale C"u"ly Man"ll"r'.. Olfice ON,ceoIM'''''IH""".nISa''';gel Si2I2,{)OH3,U2PM Approved By L"oE,Oc"",Jr Deputy c"""ty Manas", Dale 13oMdorC",mty County M~na\l""sOff'ce Si212{){)B3:1! PM Comml~sj""",,, Approved By johnVlie! Roads Mainlen"nce Superil1tentlant Dale T'''M''''''IMi'mSe,,,ices Road M~inten"nce 3i2i2C1){;3:21 PM - <-< ---~--'-"'- -.--.--...--.- .-.-- Agenda Item No, 1684 . March 14, 2006 Page 3 of 6 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions +'--- -) THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this/'; day 'J -vi- , 20 (J4 by and between Collier County (hereinafter the "COUNTY"), and the of/,_<_' volunteer group, Remembrance of Carmen Sarmiento (hereinafter the "GROUP"), whose address is 7117 Timberland Circle, Naples Florida 34109 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Goodlette-Frank Road from Creech Road to Pine Ridge Road (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein, 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 1 g years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4, Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No, 1684 March 14, 2006 Page 4 of 6 -- safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7, Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10, Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. II. Obtain required supplies and material from the COUNTY. ]2 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times - during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. ]4. Not wear clothing that will hinder the sight of participants. ]5. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup, 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. ]7. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the pTOperty of the Group. ]9. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, ....- be retained by the GROUP during the term of this Agreement. ., -,._~,.~--~.". -....,.._--~_.....,. -----~_._--_..- . Agenda Item No, 1684 March 14, 2006 Page 5 of 6 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4, Remove litter from the Adopted Roadways only under unusual circumstances, Le., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions ofthis Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modifY or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnifY and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents, '1 ",,"-....."' - ___u . Agenda Item No. 1684 . March 14, 2006 . . Page 6 of 6 - E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS ATIEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk -, By: By: Deputy Clerk Frank Halas, Chairman GROUP: Remembrance of Carmen Sarmiento Bf~tl-ctu.uJ ,5'Cl:~4-t-v"fiJ. Name(print)i ol-T7~Vt c S IIlI..m I (~/>fr.:J Title (print): ti-l"./+'~ C P' G(!i:: i.J f-' ' Phone#(day):2,3,(j'5"){- ~oOi Phone # (night): 7\16':3" 4{,,- 3;(;0 f Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney - A -.-.._" - -'-'-'.~.... ----",.,_.-'----..-. - ~..~~,.._.--'"".,...'--- ___..~'.___.H. ....-,-..-...-.---- Agenda Item No, 1685 March 14, 2006 Page 1 of 7 ... EXECUTIVE SUMMARY Recommendation to approve a new Staff Services Agreement between Collier County Government and the Collier Metropolitan Planning Organization OBJECTIVE: To obtain Board of County Commissioners approval of a new Staff Services Agreement between the Collier Metropolitan Planning Organization (MPO) and Collier County, CONSIDERA TIONS: During the 2004 Federal Triennial Certification Review of the Collier MPO planning process, it was noted that the Staff Services Agreement between the Collier MPO and Collier County had not been updated since 1982. One of the Corrective Actions that must be addressed by the MPO is the execution of a new Staff Services Agreement with Collier County, the MPO's host agency, This agreement will codify the MPO's relationship with Collier County relative to administration, use of facilities, legal counsel, accounting and other services essential to the operations of the MPO as an agency, It also outlines the process through which the County advances funding for the MPO's operations, with reimbursement from the Federal Highway Administration, Federal Transit Administration and Florida Commission for the Transportation Disadvantaged for tasks contained in the Unified Planning Work Program (UPWP), It should be noted that this agreement does not diminish the MPO's standing as a separate multi-jurisdictional agency, with a policy board containing voting membership from the City of Naples, City of .,,-. Marco Island, City of Everglades City and the Collier County Board of County Commissioners, If approved by the Collier MPO Board on March 10th, the Collier Board of County Commissioners will be asked to execute this agreement at its March 14th meeting, FISCAL IMPACT: The Federal Highway Administration (FHWA), Federal Transit Administration (FTA) and Florida Commission for the Transportation Disadvantaged (TD Commission) reimburse Collier County Government for the expenses it incurs, as the MPO host agency, during the execution of planning tasks that are included in the UPWp, Lobbying activities and a required FTA Section 5303 Transit Planning Grant match are provided by Collier County Government as these expenses are not eligible for Federal reimbursement. The FY 2006/07 County allocation for these matches totals approximately $10,000, GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth Management Plan. RECOMMENDATION: Staff recommends Board of County Commissioners approval of the attached draft Staff Services Agreement, at its March 14, 2006 meeting. Prepared by Charles Barmby, AICP Attachments: (J) Draft Staff Services Agreement between the Collier Metropolitan Planning ~-- Organization (the "MPO") and Collier County, Florida. --, Agenda Item No 16f.l5 March 14.2006 Page2.of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - ItamNumbar. 1685 ItamSummary: RoconlmentJa'jo!l 10 appmve a new Staff Services A(Jrflf;fnent t!'.'tW"Ml CcMer C""n~J G"vemmenl and the CoWer Metropolitan Planning ()'\l"ni~l>ti"n MntlngData: 3/14i200&9:0GDOAM Approved By J...."n..A, M""c...ll~ Ptnnnlnghchnic!:m D31:(1 Trallsport,alion S<!,""ic~l\ TraM"o'taliollf'l"nnin9 212R1211061l;2(iAM Approved By Lilia Taylu' MllnallamOnI/S",lu<!IAnalysl Dnl" Tr:"'s""rbtionS~rvic..s Tr""sporlnll"" Admlnislralior'l 212AlJ20069:J4AM Approved By Norm E. Fad..r,AlCP Tranaporta!loIlDiv;sionAdmlnislmto, "" Transporlallot'l5urvlc<'$ T,aMportalionSar"ic"$Admill. 2128i260C10;1l9AM Appro~ed By Scott R, T,,~~h AMi51~01 County Alromey ,,'" C"OJ"tyAttorney Co"nt:vAtto"'''yOffice J/1i20668A6AM Approved By Oonald L Scott T,,,nsporLoti,,nPlann;ogO;,ec.to' Dale Tran"portalion$ervlc"$ T,ansporlAtionPlannit1\1 311!260610:53Al'" Appro~edRy Pat Lehnha,<l E"ecutivI>S"r-fCt'l'Y D,~I<! Transportatlot'lS..rvjce~ T'ansp".-tali'", S"rv;C<I" Admin 3!1126OS1,37?M ApprovedRy OMBCOO,dinator Admin;st,aliw Au;sl"nt ''" Co"nly Managor's Office Office of Manail"nl"nt & Bud9"t 312j200610:1f>AM Appro~ed By - M3'~ l!>ac~~on Bud{letAnMyst Dale County M~n"lj{'r's omcn Ollic<< of Ma"~g~ll\"ni /I, 8"d9,,1 3i6!260$1,15PM ApproyedBy L.."E,Ochs,Jr P\!lJuly CO"OI,' Ma""~j(>' OaW Board oj C"""ly 3ISI20063:3J;PM C"mmissi"nN9 CounlyManag,,"'.Office - ~._"--_.... '-~------ "..-- -, -- Agenda Item No. 1685 March 14, 2006 Page 3 of 7 MPO STAFF SERVICES AGREEMENT THIS MPO STAFF SERVICES AGREEMENT is made by and between the Collier Metropolitan Planning Organization (the "MPO") and Collier County, Florida. WITNESSETH: WHEREAS, the MPO, pursuant to the power conferred upon it by Section 339,175, Florida Statutes, and Article 5 of the Amended And Restated Interlocal Agreement for Creation of the Collier Metropolitan Planning Organization (the "Interlocal Agreement") between the Florida Department of Transportation ("FDOT"); Collier County (the "County"); the City of Marco Island; the City of Naples; and Everglades City, dated May 10, 2005 may employ personnel and/or enter into agreements, with local and/or State agencies to utilize the staff resources of such agencies or for the performance of certain services by such agencies as necessary to fulfill its responsibilities and obligations as required by law, and WHEREAS, pursuant to the aforesaid Interlocal Agreement executed between the County, the City of Marco Island, the City of Naples, Everglades City and the FDOT, it is contemplated that County personnel will perform the substantial portion of each task provided for in 23 Code of Federal Regulations (CFR) Part 450 and Chapter 339,175 Florida Statutes as necessary to carry out the continuing, cooperative and comprehensive transportation planning process mandated by Federal regulations as a condition precedent to the receipt of Federal capital or operating assistance in the urbanized area, and WHEREAS, it is deemed by the parties to be appropriate and necessary that the duties and obligation of the County, in relation to its role as the staff to the MPO, be defined and fixed by formal agreement, NOW, THEREFORE, in consideration of the mutual covenants, premises, and representations herein, the parties agree as follows: 1.00 Purpose For the reasons recited in the preamble, which are hereby adopted as part hereof, this agreement is to provide for professional services to carry out the terms of the Interlocal Agreement and any other agreement to which the MPO is a party, and to provide staff services and support for the administration of the MPO, 2.00 Scope of Services It is agreed by the County that it shall furnish the MPO with the staff necessary for professional, technical, administrative, and clerical services, equipment, office and other space, and other incidental items as may be required and necessary to manage the business and affairs of the MPO and to carry on the transportation planning and programming process specified by the Interlocal Agreement and any other agreement to which the MPO is a party; provided, it is understood and agreed that, unless otherwise provided for, the performance of such service and functions shall be Agenda Item No, 1685 March 14, 2006 Page 4 of 7 - limited to those specified and allocated to the County in the annual Unified Planning Work Program (UPWP) budget and all approved budgets and management reports under Federal or State grant contracts with the MPO, The MPO authorizes the MPO Director to secure FDOT approval for amendment ofUPWP tasks, which change their dollar value by an amount less than or equal to $25,000, and which do not change their scope or the total approved funds for the UPWP, Any amendment of the UPWP greater than $25,000 shall require the approval of the MPO, The UPWP shall be prepared by the MPO Staff in cooperation with all related state and federal agencies and MPO committees in accordance with the rules and regulations governing the MPO and shall be subject to the approval of the MPO before submittal to State or Federal agencies, 2.01 MPO Director The MPO Director shall be responsible to the MPO for the conduct of the transportation planning process as detailed in the annual UPWP as well as the appointment, assignment, direction, and control of all personnel necessary thereto; the development of an appropriate organizational structure to carry out the responsibilities set forth in the Agreement; and the development of procedures to monitor and coordinate the planning process, as well as the overall administration ofMPO programs, Changes to the number ofMPO staff positions shall be subject to the approval of the MPO Board. ..- 2,02 Commitment of Personnel The MPO Director shall annually have prepared a detailed listing of all tasks necessary and incident to carrying out the planning process. The MPO staff shall, at a minimum, have the following duties and functions: a. Carry out the tasks as defined in the annual UPWP and ensure the continued certification of the MPO; b, Coordinating the activities of the various structures established by the Interlocal Agreement heretofore mentioned; c, Preparing the agendas and public notification for meetings of the MPO Technical Advisory and Citizens Advisory Committees, Pathways Advisory Committee, Congestion Management System/Intelligent Transportation System Stakeholders Committee, the Local Coordinating Board for the Transportation Disadvantaged and any other committees under the MPO's control; d, Preparing reso lutions and other appropriate documents; e, Scheduling meetings, giving notice, keeping minutes; f. Coordinating and monitoring the activities of the various supporting offices; .- 2 -. .-.- ",..." .-----.. Agenda Item No. 1665 March 14, 2006 Page 5 of 7 g, Preparing an annual report; h, Preparing such interim reports as may be required; 1. Developing and implementing operating procedures of a secretarial and administrative nature as are necessary and proper in order to effect the most efficient implementation of said program; J. Directing the implementation of policies established by the MPO; and k. Performing other duties as may be assigned by the MPO, 2,03 Legal Representation for the MPO The MPO may employ special legal counsel for specific needs when it is deemed necessary. 2,04 Annual Budget The UPWP shall serve as the annual budget for the MPO. The UPWP shall identify funding sources, participating agencies and the level of participation by the various agencies. 2,05 Financial Administration a. The records and accounts of the MPO including receipts, expenditures and deposits shall be administered by the County in accordance with its ordinary procedures. b. Contracts and bids for the purchase of materials and services shall be in accordance with County procedures for the same purposes. The MPO shall review and approve all Requests for Proposals (RFP) and subsequent contracts, Board of County Commissioners action on RFPs and contracts shall be for administrative purposes only, and its actions shall not supercede pertinent actions of the MPO Board, c. Through the adoption of this Agreement, the MPO adopts the United States Department of Transportation's goals regarding the procurement of services from firms registered as Disadvantaged Business Enterprises (DBE), 3.00 Reimbursement to the County The MPO hereby agrees that it shall reimburse the County for all services rendered under this Agreement as specificd in the UPWP budget and all approved budgets under Federal or State grant contracts with the MPO and in accordance with the procedures established pursuant to 2.05 of this Agreement. The determination of eligible costs shall be in accordance with 23 CFR Section 420, as appropriate, 3 Agenda Item No. 1665 March 14, 2006 Page 6 of 7 - 3.01 Local Share The MPO will provide cash or in-kind services for the required match for Federal funds from the Federal Highway Administration (FHWA) and the Federal Transit Association (FTA) where appropriate, These funds may also be derived from financial contributions made by the MPO's member local governments, including Collier County and the Cities of Naples, Marco Island and Everglades City, 3.02 Invoices and Progress Reports The MPO shall provide to the FDOT or appropriate Federal agencies quarterly progress reports and an invoice for reimbursement for all Federal grants with FHW A and FT A and State grants received through the Florida Commission for the Transportation Disadvantaged (CTD), The progress reports and invoices shall be in sufficient detail for audit purposes, 3,03 Payment Payment to the County of any and all monies by the MPO is contingent upon the MPO first receiving the funds for the work tasks from the FDOT, FHW A, FT A or CTD. 3.04 Travel Expenses ,- Reimbursement from Federal and State funds for travel expenses incurred by MPO staff and Board members for MPO business shall be at the per diem rates used by the respective local governments, The difference between the FDOT and locally accepted per diem rate shall be derived from local contributions to the MPO, constituting a PL funding match. 4,00 Information and Reports The County will provide all required information and reports and will permit access to its books, records, accounts, and other sources of information, and its facilities as may be determined by FDOT, FHW A, or FT A to be pertinent to ascertain compliance with such regulations, orders and instructions, Where any information required ofthe County is in the exclusive possession of another who fails or refuses to furnish this information, the County shall certify to FDOT, FHW A, or FT A as appropriate, and shall set forth what efforts it has made to obtain the information, 5.00 Continuity of Operations Plan (COOP) The MPO shall adhere to Collier County's Continuity of Operations Plan (COOP), contained within the County's Comprehensive Emergency Management Plan (CEMP) and any additional administrative policies pertaining to hurricane preparedness. 6,00 Amendment of Agreement - 4 -.'-< ,'--..- ,,- -"-_. Agenda Item No. 16B5 March 14, 2006 Page 7 of 7 -, The County and the MPO may, upon initiation of either party, amend this Agreement to cure any ambiguity, defect, omission or to grant any additional powers, or to confer additional duties which are consistent with the intent and purpose of this Agreement subject to formal approval by resolution of each party. This Agreement shall become effective upon approval by the MPO and the County and remain in effect for a period of three years. At that time, the MPO shall review this Agreement to determine if any changes are warranted. IN WITNESS WHEREOF, the undersigned parties have caused this Staff Services Agreement to be duly executed in their behalf this day of ,2006. COUNTY OF COLLIER COLLIER METROPOLITAN PLANNING ORGANIZA nON By: By: MPO Chairman ATTEST: ATTEST: '-'-', Approved as to form and legality Assistant County Attorney ~_c" 5 ,-_.,,-_.~ ~m"~ Agenda Item No. 1686 March 14, 2006 Page 1 of 16 ,- EXECUTIVE SUMMARY Recommendation to approve a sole-source purchase of "Cartegraph" computer software licenses and implementation services for asset management for the Collier County Transportation Division Traffic Operations Department. Fiscal Impact: $93,100 OBJECTIVE: To approve the purchase of Cartegraph software licenses and implementation services required to increase the number of software licenses for Traffic Operations staff to better utilize their existing Cartegraph asset/work management system, This software provides a management system for signs, signals, lighting, signal controllers and other assets found along the County roadways. A limited number of Traffic Operations staff was actively using Cartegraph up until about a year ago when Collier County entered into contract with Hansen Information Technologies for a replacement asset/work management system, Subsequently this contract has been terminated leaving staff with very limited access to over 60,000 assets collected approximately two years ago at a cost of $462,000. This proposal by Cartegraph provides an increase in licensing for all staff to have access as well as full implementation services such as staff training and business process analysis, CONSIDERA nONS: Traffic Operations currently is licensed for 6 Cartegraph software ,- modules: CALLink, LIGHTview, SIGNALview, SIGN view, MAPDirector and WORKdirector. Staff is limited to one person at a time accessing anyone module, This proposal adds seventeen new Carte graph licenses for all staff in the department to access and maintain roadway assets, Cartegraph Corporation is the sole provider of this software and staff has detennined that this software meets the specialized requirements for the Traffic Operations Department. The software also provides bi-directional compatibility with Collier County's GIS standard, ArcMap, Cartegraph modules are licensed on an individual user basis requiring each staff person in the Traffic Operations Department to have a copy installed on their computer for interactive use of the database, Since Collier County already owns other modules of the Cartegraph system, staff negotiated a significant discount on the price for implementation, training and software license. The customary fee for seventeen licenses alone is $85,000 and does not include any implementation services, training or report and fonns development. Cartegraph has agreed to provide Collier County with seventeen licenses, full implementation services and support for the first year for $93,100. Implementation is expected to be approximately three months, Subsequent year's annual maintenance is $17,000. FISCAL IMPACT: Funding in the amount of $93,100 is budgeted for the software in Fiscal Year 06 in the Transportation Supported Gas Tax Fund under project 61003, Source of the funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action, - - '--"~"".', ".__.~...,,, -'":.~... . "-'---,- Agenda Item No. 1686 March 14, 2006 Page 2 of 16 RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida waive formal competition and approve the sole source purchase of implementation services and software licenses from Carte graph Corporation. Prepared by: William Baldus, Transportation IT Project Manager Attachment: Agreement ,.."~. .-. .- Agenda Item No. 1686 March 14, 2006 Page 3 of 16 - CarteGraph Better Government - Collier County, Florida Software and Services Agreement (0601009 with CarteGraph Systems, Inc. CarteGraph Systems, Inc. I 3600 Digital Drive I Dubuque, Iowa 52003 _. 800.688.2656 I 563.556.8120 www.cartegraph.com -------..- --" ----_.,- _..._------',. ----- Agenda Item No. 1686 March 14, 2006 CarteGraph Page ~Of 16 I Better Government... Table of Contents Software and Services Agreement................................... ........................... ................. ....................1 Scope of Project................................................................................................................. ......... .....1 Software Products..........................,.................................................................................. ...1 Platinum Maintenance................................................................ ......... ................................1 Professional Scrvices ...........................................................................................................2 Support Services................................................................................. ............................. ....6 CarteGraph National User Conference ..............................Error! Bookmark not defined. Proj ect Assumptions..........................................................,...........,..................................... 7 Collier County Responsibilities ............. ........................ ................................. ..................... 7 Proj ect Investment...........................................................................................................................8 Payment Terms and Conditions...................,................................................................................... 9 General T en11S................................................,..............,....................................................... ...........9 Attachment A: Project Schedulc....................................................Error! Bookmark not defined. Attachment B: CarteGraph Insurance Certificate ..........................................................................11 Exhibit A - Modifications .............................................................Error! Bookmark not defined. PROPRIETARY [,l\TFORMA TIOIV: Collier Coun(l' aclauFwledges lhat aI/materials ond documents associated with this project are proprietary in nature. This specif;cal~v includes pricing injhrmation, training materials and consulting documents as described. Collier Coullf),'/urther agrees not to copy or othenvise make availahle such materials outside o.fCollier County and its dil'is;o/ls and departments without the prior \-vritten consent of Carte Graph Syslems, Inc., except as required h.v 1mI,'. Agenda Item No. 1686 March 14, 2006 Collier County, Florida January 2If,aJ~@lf6of 16 - Software and Services Agreement THIS AGREEMENT is made and entered into between Collier County, hereinafter referred to as "Customer," whose address is Collier County, 3301 East Tamiami Trail, Building H, Room 209, Naples, Florida, 34112 and CarteGraph Systems, Inc. 3600 Digital Drive, Dubuque, Iowa 52003, hereinafter referred to as "CarteGraph". Scope of Project Software Products Platinum Maintenance Professional Services Support Services Software Products CARTEGRAPH shall provide and deliver licenses to use the Software Products and in the quantities listed in Software and Services Provided. Software Products are developed and supported products available from CarteGraph. CarteGraph will provide these Software Products to Customer in their standard form and at the most current generally available release version level published at that time of installation. CarteGraph software is currently supported within the following: PLATFORM: Windows, NT4, 2000, 2003, XP. Supported operating systems will be listed on CarteGraph's web site. (http://www.cartegraph.com) DATABASE: Access, MSDE, SQL 7.x, SQL 2000, Oracle 8.x. Oracle 9,i - Platinum Maintenance Services And Products Covered: This Agreement applies to the Software Products listed in Software and Services Provided. During the term of this Agreement, CartlSGraph will provide the following services or products as part of this Agreement 1) Technical Support: Customer will receive unlimited toll-free support via phone, fax or e-mail through the CarteGraph Help Desk for technical issues relating to the use of the licensed software. Telephone support will be available Monday through Friday between the hours of7:30 a.m.-5:30 p,m. Central time by dialing 800-688- 2656 ext 6200 (suooort@cartec'l'aoh:com). 2) All updates and upgrades to licensed products for the term of the maintenance agreement. 3) All benefits, products, services, and WEBed training sessions available at the customer only Client Support Center web site at www.carte2raoh.com. 4) Platinum Maintenance shall be in effect for the Initial Term of twelve (12) months from the Initial Term Start Date through the Initial Term End Date for each Software Product. Platinum Maintenance shall automatically renew at the end of the Initial Term for unlimited, successive 12-month Renewal Terms. Customer may terminate Platinum Maintenance at the end of the Initial Term or any subsequent Renewal Tenn by notifying CarteGraph in writing of their intention to do so at least 60 days prior to the applicable End Date for that term. - C0601009 I ---.,.,-,.-. -".....-. -- "-- Agenda Item No. 1686 March 14, 2006 Collier County, Florida January 2li',a,Q@lJ{Jof 16 Professional Services CarteGraph shall provide the following Professional Services to implement and deploy the Software Products. CarteGraph shall be responsible for the timely performance of all Professional Services and warrants that all professional and technical services provided to Customer pursuant to this Agreement shall be of good and workmanlike quality and will meet or exceed standards of similar professional services within the industry. CarteGraph makes no further warranty, representation or promise not expressly set forth in this Agreement. t) ADDlication Installation Services: CarteGraph will provide through Internet access I, expert technical resources to work with Customer's Information Systems personnel to install and configure the Software Products in Customer's database environment. Service assumptions include: a) Customer will purchase and install the database software but CarteGraph will configure Customer's SQL database. b) Database replication/synchronization is not required. c) Customer IT staff will be present and available at all times during Installation. d) Installation Components include: i) Pre-Installation: CarteGraph will confirm Remote access to ensure appropriate connectivity, confirm Administrator client connection to network environment, system parameter review to ensure environment and required topology meet or exceed CarteGraph hardware recommendations, and install and configure the required application License Server. ii) Suite Installation: CarteGraph will stage one (I) Administrator PC client and one (1) User PC client with the appropriate Software Products and provide knowledge transfer to allow Customer to stage and maintain any remaining PC clients, will format Customer database for appropriate Software Product database structure with the database standard Administrator security role, will update Customer's License Server with Soft\vare Product License codes, and will provide recommendations for database maintenance. 2) Database Security Services: CarteGraph will deploy database security based on the standard roles included with the current version of software. CarteGraph and the Customer will determine the timing of the one time Security deployment. For each Software Product, CarteGraph will create CarteGraph standard Administrator, Power User, User, and Read Only SQL security groups and/or roles2 and create one user-ID assigned to each of the groups and will provide a knowledge transfer that will allow Customer to create and maintain security records. Additional configuration service is available on request. 3) Proiect Kick-off and Coordination Meetim!: This phase involves project initiation and development of the steps required to ensure that the project remains on schedule and under budget. CarteGraph will meet with the project team to develop the dctailed scope of work that drives the progress of the project. This scope outlines the steps that will take place during the design, development and deployment of the CartcGraph application. This mecting also dcfines the relationships between department projcct management personnel and the CarteGraph project management team. Project communication is imperative to the success of any project involving the intricacies of this application. This project crosses the realm of many departments and this makes proper communication critical. The escalation paths for project communication will be defined in this phase and will define the roles and responsibilities of the key players involved in this project. 4) Ooerational Consultation: Operational Consultation is designed to break down all of the processcs and steps necessary to ensure project success. First, all of the departments will be defined that will playa role in the implementation of the application. Next, these participants will be interviewed to define their needs, wants, and requirements for this application. Once this information has been recorded, CarteGraph will meet with the project manager to determine the essential information that will be nccessary for inclusion in the database. This information will be presented to the project team for final approval before the project moves into the next phase of development - System Design and Database Architecture Development. I CarteGraph utilizes Microsoft's Live Meeting Internet services for delivery of all remote products. For marc information regarding Live Meeting please visit: htto://main:nlaccwarc:com 2 Deployment of security groups and/or roles is dependent upon Collier County's preferred method of server authentication. I.e.: Windows authentication versus SQL authentication. C0601009 2 Agenda Item No. 1686 March 14, 2006 Collier County, Florida January 2Ff,aI?lJ(J6of 16 - 5) System DesiQn and Database Architecture Develooment: This phase of the project involves designing the appropriate forms and reports, which drive the database architecture. CarteGraph will first work with Customer's project team to develop a high-level system design architecture that outlines the system components necessary for the capture of data and for data extraction. CarteGraph is recommending the use of a Commercial-off. the. Shelf application, CarteGraph, along with a customized, Internet-based solution for data entry and extraction of the data. This application will store all of the data related to the installation, inspection, and maintenance of assets by the County, Users will enter data into the CarteGraph database in two ways: a) Data entry through the CarteGraph SIGNview application interface. :~rJJ ~~.~~._~f_""__~_~",~,_!~ ~-_.~~__cc-:_J:_~-+~;,~".;.___;,~____~.:.!.j .-di: :Ill. i ~ K ~:.. .... II i!I - ,~.._,~"",~_,_~_,;,_~.~_=_=_,,_,,_=~_~_:_~_,~_!.,',,:_~,~.J ~~~_ ~;Soco---.------ <;: ;i:..... j · a.i lfoVol-,-'"'' ,",*,-~ ,......,.......--."..... ..- llioIMo_-,jji.ih.Mi"~__M..t_ir_rilj'jii~t;;k -:~,.jf.._....,J~Il"f.X: -...--1____ . .. . r f . '. ..' "1' .,._"'_..__.:~:'~~0:~_0:._...~.~ ",., - -'-1'-1'-' ....'.d55".'.' '5'....'......! ;; .... ..... .... ................" . ...... - , "',:',",,"J jj~i1~; -~~Fn{; d ~~- i__....'-lt liJl ~floi# rs~ ~: :1""11 <--.:;._, 11 - t~J- .L~:-~if~ .~ _. C0601009 3 --~-- ----- Agenda Item No. 1686 March 14, 2006 Collier County, Florida January 2Jf,afMJl1tJof 16 b) Data entry through the SIGNALview application interface. :D.JlIo...... ,.....v.-..... QJ...... ............1tIIIo ~.tt:,llJ ;aLlla:dJlf,":.'.-Jlli6 H ~ ~ Mil.c::=:~=~.a:..,.\,.I..a;. .- ~: ,="."~ :!~ :~,.,..., ........._..~..~..,_."..~..- .....= Ei='~; I~ I"'" ''''J . ~'l,OOf_,-- f;~ r..llol" El ,_ i-...., , .'''~ ~~ ~j - ~ 11.......... _'ID,_ _UIII Tol,'" c) Data entry through the Circuits application interface. .~~ "~,",~""t~;~:~~~_~__~.,~,ltI!'M . ,_,_____________ ........., ____M,_"M_MM~ _._.. -"'..I ~l)..~"'-,1I..1<6 ~. ~ M Y..[:::=~~~_:.__._~"I:::.\...;';". [lit .- ,~ -~, - "'_Oowl ,. - .- ~- ~~~_.;:! _~~~_a ,"-0_'1 -- -. / 1I,t1ll)( fl: ~ . H..,., "---'-" ~~- ~ .. 1i-'I.-f';';":'I'i...,;"!t_>I,:-j,,, ....>,:,',_::;;)(,,>.,,'''1 I..,....... '1j r- "',,~~~-- -i:.1~.o ,i--4--~-;- . wlll-.;.CtoaIl,,; (I "- I;lowjl_ 1'-::' _" ~~ 'D,= = ._~_Oolt .:1 A_~""II....,..","..~ .. r__""V r_ . ,-.)..,',...... '-] \.---1 < , ....~,_~"~ ~ oJ '. "'"' "-"~'- .....,.. ..- ~.~--._~-~--.~- -~._--~.-_._~_.~-~~ _...._...~-_. ------. -~~.._~"~"..~.~~._._"..~ .._.n_.. ,...._. _._........ >_.... All of this data will be incorporated in a Microsoft SQL database and stored on-site by the Information Systems department of Collier County. CarteGraph understands that the County is concerned with the capture of asset information related to roadway infrastructure and the tracking of the hard costs and soft costs associated with these activities. CarteGraph will provide an electronic 'container' for this data in the form of the CarteGraph application, which will be backed up regularly by Collier County IS to cnsure that the data is stored, updated and easily retrieved through an easy to use application interface. 6) CarteGraoh Form Devclooment CarteGraph Form Development entails mapping the logical flow of data from capture all of the way through the data entry process. It models the creation of data by the user, the recording of that data in a relational database and the extraction of the data through a user reporting interface. The first phase of the process involves capturing the correct data in the CarteGraph database. This is accomplished by identifying the required fields for data capture. C0601009 4 Agenda Item No. 1686 March 14, 2006 Collier County, Florida January 2if,a!MJiJt5of 16 - Data capture is already being accomplished on paper-based forms and then entered in EXCEL and Microsoft Word documents. This is a common way for data to be captured, but does not lend itself to efficient extraction since it is not captured in a Relational Database Management System (RDBMS). The County has identified the need for data capture in an RDBMS to support data capture and data extraction in an automated fashion. This involves breaking the information down into fields of data. Each field of data stores specific components of information related to the project and when reassembled, creates information that can be used to make informed decisions related to that particular project. The CarteGraph team will work witb the project team to design the layout of the forms that will be used for data capture. Collier County has already provided forms that outline the fields of information that they would like to capture for this application. The CarteGraph team has developed a form template that outlines how data will be captured, where it will be stored in the database, and all of the fields necessary for capture, as outlined by the project team. 7) CarteGraoh Reoort Develooment: Reporting is the most essential piece of any application that is data-driven, as is the asset management application. System users have the need to report information to upper-level management who, in turn, use this information to make decisions for the County. Information retrieval is best used when reports are developed in advance as templates that link directly to the database. These reports will be created with the elick of a button in the CarteGraph database. .~"""---,~............,.."",, .,,, "" ''''.- ~~"'~ ,~''''- . ~ ~': 'IS'~..N ....~!,... ~ Jl 1:. !!:s:-"..a:i !"'_~_9_m_atl.~~_~~_:; ',~ -_~~ ,;;;-";",,, ,,~,..,_. _............'-...114. , -'W'...!!l'!l!$.!..!!!!:'- ; _.....~..7".:=::= ....~--'- .-......... .......-- - -....-... ......... - .......... ...--- - _. ~_I'''' "......... - -""......~" .~,....... ~., .--..... ..,.-". -- l~'.. <>,,_,,~ -- .,.,,~-_........."'........ .. -.,.... .__,l.~.....''''_... .....--....'- ____._____ .."..._....._............n_......n.......n.._...._.... _._.____~____ . 8) Initial Testing: and Dcolovment ofSvstem: Once the forms and reports are developed for the system, they will be configured for the database and tested at the CarteGraph facility. Once all system testing is complete, CarteGraph will schedule a time for system installation on-site at Collier County. CarteGraph will work with Collier County IS personnel to install the CarteGraph applications and to configure the SQL database that will house the asset management data. 9) Svstem Tunin!! and Enhancement: Once the CarteGraph application is in place and ready for use by the County, CarteGraph will work on-site to tune the system for its intended use by County personnel. This will involve the entering of data by multiple users in a simulated production environment. The results of this test will drive the final tuning of the database and will identify any key areas that need to be addressed before the system is deployed in a final production environment. to) Final Deolovment and Go-Live: Final deployment of the system will take place at the discretion of the County and will be set at the onset of the project. This date will be reviewed periodically throughout the project to - ensure that the project is on track and that all users will be ready to use the system in a full-production environment. If there are any changes to the project during the prior phases, the go-live date will be adjusted to accommodate those changes. C060 1009 5 .n,_ -.-- ._"__u_,, ''''-_.~ -._-- Agenda Item No. 1686 March 14, 2006 Collier County, Florida January l'~gjO'(9lJof 16 Support Services 1) Database Security SUDDon Service: During the term of this Agreement, Customer will receive unlimited toll- free ongoing support via phone, fax or e-mail through the CarteGraph Help Desk for technical issues relating to Database Security specific to Customer's CarteGraph database. Telephone support will be available Monday through Friday between the hours of7:30 a,m,-5:30 p.m. Central time by dialing 800-688-2656 ext 6200 (SllDoort(((::carlcl!ranh:com). Database security service support includes: Database connectivity consultation Maintenance plan consultation Database server consultation Database Security Installation for all add-on Software Products Support of CarteGraph standard security roles for all CarteGraph Software Products purchased and deployed during the term of the Agreement Term of Agreement: Database Security Support shall be in effect for 30 days' after first deployment of the Database Security Installation component. Services Not Covered: Ifnew database structure or security groups or roles are added by Customer that adversely affect Customer database security, then work requested or required of CarteGraph to remedy Customer's database security will be delivered and billed under the terms of Additional Services. , Annual Security Installation Service Support fees are available upon request. C060] 009 6 Agenda Item No. 1686 March 14, 2006 Collier County, Florida January f 41,9fNJ()(jof 16 .- Project Assumptions Professional Services are based on the following assumptions: 1) Ousite Professional Services shall be delivered at the facilities listed below. Main Office: Collier County 3301 East Tamiami Trait Building H, Room 209 Naples, Florida, 34112 2) Professional Services are CarfeGraph's not to exceed estimates or fixed fee quotations (see Software and Services Provided) based on projects of similar size and scope and on Customer's assumption of designated responsibilities. 3) A Project Work Plan including project start date, delivery of Professional Services and conversion specifications will be mutually agreed upon and provided within 14 days from contract signing. The length of the Project Work Plan may not reflect the length of the full product deployment. Deployment completion (productive use) is a customer-driven initiative based on resource allocation and/or organizational requirements. Both parties recognize that time is of the essence and will provide staff resources and efforts to ensure deployment completion occurs as soon as is reasonably possible. Final project dates will be determined and progress will be monitored through joint regular and periodic status meetings. Customer Responsibilities Customer accepts responsibility for all aspects of project planning, management and execution not specifically described under Scope of Project. On-going management of the day-to-day allocation of Customer resources, and ~ management of Customer project tasks is the responsibility of Customer. Customer will provide overall guidance and direction for the project and will direct the project accordingly. Further, and with regard to the CarteGraph obligations listed under the Scope of Project section, Customer understands that it is vital to the success of the project that Customer provides assistance in the following matters: I) For those services listed under Professional Services, CarteGraph personnel will conduct information gathering and evaluation sessions with various Customer users and management. While CarteGraph respects the time and workload of Customer staff, dedicated time on the part of the appropriate Customer resources is necessary to complete these exercises. 2) The installation process requires the periodic assistance of Customer personnel and suitable access to hardware and systems (e.g., security clearance). Customer is encouraged to supervise the installation process while systems are accessible to CarteGraph. It is assumed all hardware, both Personal Computers and Network and Database servers, will be installed and operating in a manner that delivery and execution of Carte Graph Professional Services will not be impeded. 3) Customer understands that the successful performance of Professional Services depends upon Customer fulfilling its responsibilities. The Project assumes that Customer will provide all personnel required to achieve a successful implementation. 4) Customer shall install and network its own hardware and communications and this will not affect the timing or the delivery of Carte Graph services. S) Customer will provide Internet access and IT staff support as required. _. C060 1009 7 ~."' ~ .~.".. ....~,- Agenda Item No. 1686 March 14, 2006 Collier County, Florida January f4l,9iO'015Of 16 Project Investment Customer will compensate CarteGraph for the Software Products, Professional Services, and Expenses provided pursuant to this Agreement in the amount listed below. SOFTWARE AND SERVICES PROVIDED SOFTWARE PRODUCTS: Concurrent Purchase (Licensed for use with Microsoft SQL database) Licenses Type CALLlink 2 Ncw LIGHTview 2 New SIGNALview 3 New SIGN view 3 New WORKdirector 7 New PROFESSIONAL SERVICES: Units Unit Type Project Management t Fixed Application Installation Services I Fixed Database Security Services I Fixed Project Kick-off and Coordination Meeting I Fixed Operational Consultation t Fixed System Design and Database Architecture I Fixed CarteGraph Form Development 1 Fixed CartcGraph Report Development I Fixed Initial Testing and Deployment ofSystern I Fixed System Tuning and Enhancement 1 Fixed Final Deployment and Go-Live I Fixed SUPPORT SERVICES 30 Day Database Security Support I Included TOTAL PROJECT COSTl $93,100,00 Future years' annual Platinum Maintenance for all purchased CarteGraph modules will be 20% of the then listed purchase price. This is currently estimated to be $17,000.00 for the listed modules. Additional Services. In the event it becomes apparent to CarteGraph that service efforts detailed in the Agreement will be exceeded due to any changes in the scope of services required, CarteGraph will notify Customer prior to exceeding the approved efforts. CarteGraph will also provide such additional professional services, including consultation services, customization, data conversion, integration services and training sessions, as may be requested by Customer. In either event, such services shall require advanced written quotation from CarteGraph and approval from Customer. Additional Services are available to Customer at the rate of$175 per hour for remote services. CarteGraph's onsite service rate is $1,450 per day plus travel expenses. All onsite services require a two-day minimum. 1 Total Project Cost docs not include Travel Expenses, which are billed based on actual costs incurred. C060 I 009 8 Agenda Item No. 1686 March 14, 2006 Collier County, Florida January F4\9JOO15of 16 Payment Terms and Conditions In consideration for the Services and Products provided by CarteGraph to Customer, Customer agrees to pay CarteGraph Software Costs And Professional Service Fees in U.S. Dollars as described below: Delivery, Invoicing, Expenses & Payment Terms I) Delivery: Software Products shall be licensed upon acceptance of this Agreement and Platinum Maintenance services will begin upon licensing o[the Software Products. Professional Services will be scheduled and delivered upon your acceptance of this Agreement, which will be considered as your notification to proceed. 2) Invoicing: Invoicing for any given Software Product shall occur upon delivery. Invoicing occurs monthly for Professional Services as they are incurred on the project. Interim billings on fixed fee costs will be invoiced as incurred. 3) Expenses: In providing the services included in this agreement, CarteGraph shall be reimbursed for any reasonable out-of-pocket costs, including, but not limited to, travel, lodging, and meals. Out-of-pocket expenses are billed based on actual costs incurred and are due separately. 4) Payment Terms: All payments are due Net 30 days from date of invoice. General Terms This Agreement takes precedence over all attachments in the event of conflicting temlS and conditions. CarteGraph's liability for its failure to perfonn under this Agreement shall be limited to the fee paid under this Agreement. Neither party may bring any action arising out of this Agreement, regardless of form, more than one year after the cause of the action has occurred, except that an action for non-payment may be brought at any time. The terms and conditions of any and all Exhibits and Attachments to this Agreement are incorporated herein by this .- reference and shall constitute part of this Agreement as if fully set forth herein. Article and Section headings used herein are for reference purposes only and shall not be deemed a part of this Agreement. This Agreement, together with all Exhibits and Attachments hereto, constitute the entire Agreement bctween the parties and supersedes all previous Agreements including promises and representations, whether written or oral, between the parties with respect to the subject matter hereof Limitation OfLi;:lbilitv: Except for damages resulting from bodily injury or patent or copyright infringement, each party's total liability to the other for damages under this Agreement shalI not exceed the total amount of this Agreement. Liability arising out of bodily injury, contract, breach of warranty, or claims by third parties or otherwise. shallnot in any event exceed lhe limits of Carte Graph's commercial general liability insurance coverage with a limit of$l,OOO,OOO per occurrence and a $2,000,000 aggregate limit, business auto liability insurance with a limit of $1.000,000. Neither paI1y shall be liable to tbe other for any loss of profits, loss or inaccuracy of data, or for any special, incidental or consequ(;:ntial damages (including \vithout limitation the cost of any substitute procurement) arising from this Agreement, even if such party had been advised of the possibility thereof. No action, regardlcss offonn, arising out of this Agreement may be brought by either party more than four years after the cause of the action has OCCUlTed. Disclaimcr ofV./arranties: CarteGraph makes no \varranty, representation or promise not expressly set forth in this Agreement. CarteGraph disclaims and excludes any and all implied warranties of merchantability, fitness for a particular purpose. Insurance: Cartf'Graph carries commercial general liability insurance with a limit of $1,000,000 per occurrence and a $2.000.000 aggregate limit, business auto liability insurance with a limit of $1 ,000,000 and workers compensation insurance \vith statutory coverage. CarteGraph agrees to hold harmless and defend Customer and its agents, officials and employees from bodily injury and property damage claims related to or caused by the sole negligence of Carte Graph employees or subcontractors. To demonstrate this responsibility, CarteGraph shall furnish Customer with certification of valid commercial general liability insurance, indicating limits of $1,000,000 for each occurrence with an aggregate limit of $2,000,000, business auto liability with a limit of $1,000,000, and statutory .- workers compensation insurance. CarteGraph shall furnish Customer a certificate of insurance, indicating that the Customer is an additional insured under the commercial general liability policy. C060] 009 9 --,- ._"--" ._---~-,- Agenda Item No. 1686 March 14, 2006 Collier County, Florida January f4\Wl1O\5of 16 Relationshio of the Parties: CarteGraph and Customer are independent of each other. This Agreement does not and is not intended to create in any way or manner or for any purpose an employee/employer relationship or a principal-agent relationship. Neither party is authorized to enter into agreements for or on behalf of the other, to create any obligation or responsibility, express or implied, for or on behalf of the other, to accept payment of any obligation due or owed the other, or to accept service of process for the other. CarteGraph is an independent contractor, customarily engaged in the performance of similar services for other parties, Subcontractors: CarteGraph may use subcontractors in connection with the work performed under this Purchase Agreement. When using subcontractors, howeverl CarteGraph must obtain written prior approval from Customer for activities or duties to take place at Customer site. In using subcontractors, CarteGraph agrees to be responsible for all their acts and omissions to the same extent as if the subcontractors were employees of CarteGraph. Sevcrabilitv: The terms and conditions of this Agreement are severable. If any term or condition of this Agreement or the application thereof to any person or circumstances is held invalid, this invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. Transfer of AQTeement: CarteGraph shall not transfer or assign any of its rights or obligations under the agreement to any other party without the prior written conscnt of Customer, which consent may not be unreasonably withheld. Notices: All notices or communications required or permitted as a part of this agreement shall be in writing and shall be delivered at the address set forth in this Agreement. Attorney's FeeslLclZal Proceedinlls: In the event of any litigation or other proceeding between the parties relating to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and othcr reasonable costs incurred in connection therewith and in pursuing collection, appeals and other rclief to which that party may be entitled. This contract shall be construed in accordance with the laws of the State ofIowa. Venue for any legal proceedings shall be in Dubuque County, Iowa. All undelivered Professional Services shall expire 365 days from the signing of this Agreement. The parties, each acting under due and proper authorityl have executed this Agreement as of the day, month and year written below: COLLIER COUNTY By 3301 East Tamiami Trail Signature Building H, Room 209 Naples, Florida, 34112 Date: Please Print Name Title CARTEGRAPH SYSTEMS, INc. By 3600 Digital Drive Mark Weber, CFO Dubuque, Iowa 52003 Date: C060 1009 10 Agenda Item No. 1686 March 14, 2006 Collier County, Florida January F4\gj(J(li5of 16 -'-. Attachment B: CarteGraph Insurance Certificate Insurance Certificate issued by: Friedman Insurance 202 Fischer Bldg. PO Box 759 Dubuque Iowa 52003 (319) 556.0272 _. - C060 I 009 11 .., .._._.~--._- -------~-,- .-. Aaenda item No. 16B6 ~ March 14,2006 F'ag616of'6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS It..mNumb..r: 16BG It..mSummary: H_<\i~"'!lrne"da!;{'" to ~~'P' m.>, d '''lle'S(J~'C~ p,,"~hase oj Carl<;g'Hph c",nrllJter snlLwafe ijr,e~se~ lm1 ,mplementation servic\!s tN bHet ma~ag~ment for the Collier COlJnly T",,,spc.r1ation D;v;5ion Traffic Qpmalions Department Fisc.ai im;>act: $93.100_00 M....tlng Oat..: 3114.'Z()(j6\l:QO,OIJAM Prepared By SlleilaConvery Scnior A<fmio;sl'aliv..Ags;~tartt O"t" Ttanapoftat;onServ;cea TramcOp<,tali"M 2/23r20064:29:21PM AppravedBy RobertW,Tipton,P.E. T,af!;cOp",ationsOifector Date Tr~nsport~tio~ Serv;c,,~ TtafticOperaticn$ 2!27!200SB:4GAM ApprovcdBy e",nda8rilhart PurchasingAIl<,nt 0.. Adminisl'aliveS~rvices Purchasing 2J271200G 1:42 PM ApprovcdB)' Mike Ha..er Acqu"sitionManaller Oal.. Admin;atrativeService~ Purcha$ing 212BnOOOB'47AM Approved By NormE,Fed"f,AICP T'"nsportati"" Division Administralor DMe Tfan5PoMaticnService5 Tr"nsoorlMion Servic<>s Admin. 2/28f2006G:44AM Approved By Li~a Tayl'" M.1""yenl.."lISudg..' ^".~jv~t Dalp. Tf"nfillo,tRti,,,,Snrvlep.s Tr~"sp"rl.~nO'lf,dmi"iM,;.ti"n 2/2HI20n010:4foAM Approved By 51~ve C",,,cll Pu'Ch"5i"\I!(.""~,,,1 "'IICS Di'G<:I'" U"tc A<!m;nh;t'aliveSij,v..'es PurchaHin9 J!1l200fj 1;JIlPM Approved By BarryA.elrod i'1lormalif.n leci'nolol.lyOir~cl'" Date AdministmUveServkes t'lb'malio'lTccllnnloIlY 1!1!200~ 2,43 PM Approved By PML~I",I'ard E~<>c"tiv~ 5~cretary O"t" T'~MM'latio~Serv;ces Tru"sp,,'t"lianServ;cesAdmln 3'1I200G3:23 PM AllprovcdBy OM8 Co"rdi~at<>f Admi~i$lrativcAss'stan\ Date Cou"tyM".",,?~ ~Ofiicc Ollie" ot M~MglOme"l & l3"U9101 J,'21:.'OQG10:13AM Approved B~' S"ga"U5her SM,or f,',ana;l",,,ent'B,,duel Analyat DMo County M"~auds Ollke Offic" of M"""u"",enl & 8ud\J"t 3/"i20059:23AM Appro,'ed By Mkha~: Smykowski Mon~gomMI&Budg'IDir<,ct(>r Date County ~~nnngc"~ Office Oflic""'Manag,,m.nt&Svdget J.',,/200G 12:22 F'M Appro,'cd By Le<>€.OC!lf,,)' P""",yC,,,'''tvM''''''g.., Oale Bo~rd of C"unty 316'200G 3:27 PM C"n""i"si"~ML Co.",ty M~n"\?..t'$ Offic.e Agenda Item No. 1687 March 14, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board approve and authorize the Chairman to sign (1) a Landscaping Installation and Maintenance Highway Agreement ("Agreement") with the Florida Department of Transportation (FDOT) for median and roadside landscape improvements along US 41 North, between Immokalee Road and Wiggins Pass Road; and (2) an FDOT-required Resolution evidencing that the Board has approved and authorized the Chairman to sign this Agreement. OBJECTIVE: That the Board approve and authorize the Chairman to sign both the attached Agreement with FDOT for median and roadside landscape improvements along US 41 North between Vanderbilt Beach Road and Immokalee Road, and an FDOT -required Resolution evidencing that the Board has approved and authorized the Chairman to sign this Agreement. CONSIDERATIONS: Median landscaping for North Tamiami Trail (SR 45) is identified in the Collier County Streets cape Master Plan and the Collier County Landscape Beautification Master Plan. The purpose of this standard-form agreement is to authorize Collier County to install and then maintain landscaping within this State right-of-way. Similar agreements with FDOT have previously been entered into for this project, which has been divided into three segments. Segment1: US 41 North Phase I segment, Pine Ridge Road to Gulf Park Drive (1.3 centerline ...,~. miles), was completed in the fIrst Quarter of2002, Segment 2: US 41 North Phase II segment, Gulf Park Drive to Vanderbilt Beach Road (1.34 centerline miles). Segment 3: US 41 North Phase III segment, Vanderbilt Beach Road to Immokalee Road, was completed in the fIrst Quarter of 2006. Segment 4: US 41 North Phase IV segment, lmmokalee Road to Wiggins Pass Road, with the acceptance of the attached Agreement, Collier County can commence landscape improvements for this fourth segment. The Notice to Proceed is programmed to be issued for April 17, 2006. FISCAL IMPACT: The base cost, including County costs ($51,523), for this fourth segment is $433,704.53 to be funded from Landscape Improvement Fund (112), Project #600241. The maintenance budget for the landscaping and irrigation improvements is $170,678 (Fund 112, Project #600241) (BCC Approved 4/22/03, Item lOC; BCC Award Approved 2/14/06, Item 16B (11 )). GROWTH MANAGEMENT IMP ACT: There is no growth management associated with this Executive Summary. RECOMMENDATION: That the Board approve and authorize the Chairman to sign both the attached Landscaping Installation and Maintenance Highway Agreement with the Florida ,- Department of Transportation for median and roadside landscape improvements along US 41 _.._._.>._~~_._. Agenda Item No. 16B7 March 14, 2006 Page 2 of 7 North between Immokalee Road and Wiggins Pass Road, and an FOOT-required Resolution evidencing that the Board has approved and authorized the Chairman to sign this Agreement, and authorize staff to provide any documentation necessary to carry out the Board's direction, Prepared By: Pamela Lulich, Project Manager, Alternative Transportation Modes Attachments: (1) Agreement; (2) Resolution .~," -- Agenda 1('Om r\)o.16B7 March 14,2006 FHge3of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 16B7 Item Summary: RBwmmflndalion thaI the Board approv!i and authorile \tIe Chairman it' sign 11 \ a Lan(1sl'aprng ;nslalia(;on ~n'J Mainlfmance Higtlway Agreement (Agreement) with th" Flori(la D~p,lftment of T'<ln~pNtation (FDOT) for median and rO<ldsida larl\iscape ,mpf(lv&m"mt~ along US 41 North, betw~en Immoklltee Road rmd Wiggin~ Pass Road, '~nd (2) a FDOT- mqui'ed R,,~['ILJliM evidAnCing th"t the Board has "'pprOW,d and "uthori7lH1 the Ch~i'm~n 10 sign I~"s Agreamenl. MeellngDate: 3!14.'2()()b9cOO'OOAM Prepared By Pamr.laJ,Lutich Pmj<>ctManAgar Dflte Trtlt1spor1allanSe,vlc". All"rnative Trat1aportation Mod"" 2!21120lffi9'46;47AM Approved By PmnetaJ.Lul;c", P,ajA"! Ma"~g~' Dale T,ar'''portat;rmS'''''ir."" Altemal;"" TraMportallot1 Moun 2127f200fl 9:46 AM Approved By [lieneB,Flagll O"e~1(H ATM Director Dale Tranaporlati<lt1Se"'ic"s Alle"'ativeT'at\sportatio"Modes 212r120064:44PM Approved By ScotlR.T<>ac", A~"i&la"tC"u"lyAtlo'm'y 08tl> co""tyAltortl,-,y C"untyAlIDrt\"yOff1c" 2f27f20065:tOPM Approved By NorrnE.F,,,juc.AICP 1'",,,"p"'rbli<"'I)ivi~io"Ad"';n;gl"llor ". Tran"pl>..!<!lionScr.>ic"" n..".<p,,,bU,,,,Se'vicesAdrnin. ingil01l610,2!lAM Approved By Glo'ial;N"'''' Ma"a'il~me"tfa"dgeIAMtysl DatA 1'ran"portationServk<>5 Storrnw"I..'Ma"Ag~m""1 2121l":!OO6t2:28PM AppravedBy UaaTaylor Ma""!I""'''nlfBudgetAnalySl DMe -- T'"flsp"rtoll"nS"N;ces Tran"portationAdministraUon :\11I21m64:05PM Approved By Pal Lel",hard Executiv<:Secreta'Y 0." TransportMI<mSorvice" Tfan..partatio~ Setvlc"aAdml" ~;2i20068:43AM Approved By OMBCo<"din"lor Admi"i"I'aliv"A""ist~t11 Dllte Counly MOflotler's offl"" Olflce 01 Management & BUdtl"l ~!2J21l0fi10:UAM Approved By M"r~ I$acks<>n Bu<1g"tAnalyst ,.. COU"ty Ma"agor'" Office Office "fMat1agam"nt & BI1<l\!el 3131200€ 12 07 PM Approved By L<wE:.Oehs,J, OCPHty COLJn!y Manaw,r 0000 Board oi C""'f1ty Commi~si",,,,,,, CCUnty MM"9~"S Of!;c~ 3.'6120063,331>1'.1 _. '-" ----- Agenda Item No. 16B7 March 14, 2006 Page 4 of 7 RESOLUTION NO. 2006-_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN TO SIGN, A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT), FOR LANDSCAPE DEVELOPMENT IMPROVEMENTS WITHIN THE UNPAVED AREAS WITHIN THE RIGHT-OF-WAY OF US 41N FROM WIGGINS PASS ROAD TO IMMOKALEE ROAD. WHEREAS, the State of Florida Deparbnent of Transportation (FOOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ("'Agreement") with Collier County with respect to approximately I.SJ9-centerline mile along State Road 45IUS 41 North (Tamiami Trail); Section 03010 from Mile Post 1.522 (from Wiggins Pass Road) to Mile Post 3,041 (Immokalee Road), in which following FDOT written approval of a Landscape Development Plan, Collier County would install and then maintain landscape development improvements in the amount of $619,682 for the initial improvements; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project. as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement; authorizes its Chainnan, Frank Halas, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this _ day of .2006, ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk FRANK HALAS, Chainnan i I ! Agenda Item No. 16B7 March 14, 2006 Page 5 of 7 -- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT TillS AGREEMENT, made and entered into this _ clay of .20~by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "AGENCY". WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 45/ US 41 (Tamiami Trail) as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvements within the unpaved areas within the right-of-way of State Road 45/US 41 (Tamiami Trail); Section 03010 from Mile Post 1.522 (Wiggins Pass Road) to Mile Post 3.041 (hnmokalee Road), hereinafter referred to as the "PROJECT"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement i - designating and setting forth the responsibilities of each party; and , WHEREAS, the AGENCY by Resolutiop dated , a copy of which is attached hereto and made a part hereof, has authorized its t ~h/it,i rm an "~o enter into this Agreement on behalf of the AGENCY; NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreemen.t, it has: (a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on . to the following utilities/municipalities: FPL. Collier Countv Public Water & Wastewater. SDrint Comcast Time Warner. Citv of Naoles. AT&T. Owest Communications. PeoDles Gas and Collier Coun1y Traffic Ooerations, (b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. - Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. ______n ".__....~.._-,--- _~w,..~...,_ Agenda Item No. 1687 March 14, 2006 Page 6 of 7 2. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plan included as Exhibit "A", attached hereto and by this reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001-e), as they may be amended from time to time, 3, The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference made a part hereof. 4, Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. (b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right-of-way to its original condition and charge the AGENCY the reasonable value for such work, 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnifY, defend, save and hold harmless, the DEPARTMENT and all ofits officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach ofLllls Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees, Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. 6, The AGENCY covenants to keep in force during the period of this Agreement public liabilitj insurance, property damage insurancc and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program, 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice, All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: ----- - Agenda Item No. 16B7 March 14, 2006 Page 7 of 7 - (a) Maintain the landscape improvements within the limits of said project with DEPARTMENT's contractor or personnel and charge the AGENCY forthe reasonable value of said work; OR (b) Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right-of-way to its original condition, and charge the AGENCY for the reasonable value of such work, 8. The term of this Agreement commences upon execution by both parties. 9, This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT, 11. This Agreement shall be governed by and construed in accordance with the laws of the state ofFlorida. In the event of a conflict between any portion of the Agreement and Florida law, the laws ofFlorida shall prevail. - IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. COLLIER COUNTY BOARD OF STATE OF FLORIDA COUNTY COMMISSIONER DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: District Secretary ATTEST: (SEAL) ATTEST: (SEAL) mLE: Executive Secretary Approved as to form and legal sufficiency: Legal Review: ~*i?j~L- District Legal Counsel Scott Teach Assistant County Attorney G:/p1:8IIDingIfdot/mosr45EDOappbokoIlicr-2-21..()6 .doc - ""--,, -~"._-..._,->",. " -----..- Agenda Item No, 16C1 March 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the county has received payment and said Liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30,00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1991 Solid Wasfe Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 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. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential --, properties for the 1991 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution, The attached Resolution lists the two accounts that have paid in full for the 1991 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water/Sewer Operating Fund (408), GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign these two Satisfactions of Lien for the 1991 Solid Waste Collection Services Special Assessment Liens, PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service - . ""---.-.-.- Agenda !INn Nc.16Cl fvtarch14,2006 Fage20fS COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C1 - Item Summary; f~e':l'!l\m9"dali(!Il to a<.Jopl a Resolutior' to iJpprove the ~18tisr,";li()ll~ of Lien inr 5nlid W<l$la fesi'j~nt"ll ~CC()Unt5 wh(!'(!in the (;OLJnly has received paym'''ll, '~nd s~jd Liens !l'~ satisfied in h,li lorth& 1991 Solid Waste Collection ~"d D,Sp('Srll Servi(,fl5 31'''';1<11 Asse~sment6. F'~cijl 'mpactis$30 00 10 r",cord the Salislac!ions 01 Lien M..tlngDltl' 3!14120069O{)-OOAM PreplredBy PamCallia R,w"nueSu"e'~iso' Date Putl!itUlilltl... uses 211tlOO6350:OllPM Approved By Pam Calli,. R",v~nu"Sup""'i~or Pata PubljeUtHlti"" UECS 2/3!20G612:47PM Approved By John,,"Yonkosky UtjlityBmlngDlc"do, ,'W Pul>;;tUtllille$ uses 2f8.l2QGliS,31 PM Appro,'ed By Tl1o'n~~ Widc~ Orw'3t1onsOi,ector [lat" PuhllcUti!ltie8 F'1'i:llleUUlltiuOp"c3lions 2113120(!62,S7PM ApprllvedBy Tc,csaRI",,..,n Reve''''eMaMga, 0,. PublieUtjlities UElCS 2/171200610:22"1\01 Approved By Jame"W. D"'Lony Publit UljlitlM Admin;st,alo, ,.W P"blitUtilltje" Puhljc Utililj"" I\dlnjn;str~ll"n 312'2(!01l1,:M~M Approved By OMBC""mlinator Admj"l~tr;llive A~s;~\ant DlIle Counly M~r1~g"r's oni"", OHk:eoi'Ma""gemenIIl.Budg..1 J13rlOO66:46AM ,'- Approved By R..ndyG,e..nwald M~""g"mc"lig"dg..tAna;:vsl 0.. Go,mly Manalle,-'5 Oftice Olika 01 Ma",'gemen! & OWl)..t 3l312flOG3:03PM Approved By M;cMolSmykowski M"r1agemenl&au<lgeID;'''cto, Dale C""nlyM"r1nger'SorfiGa Ollie" of Mah~g~m~nl 80 [;"d9"t J,1i200G4,03PM Apprond By J.'mnV.Mu<ld County Manage, Date Bo;>,tjofCoumy Jt1J200G6:4JPM C"mmi~sioner$ CO'""t;' M~"~\ler'5 Office -. .--.-..--. ----, ,--,._,.- Agenda Item No. 16C1 March 14, 2006 Page 3 of 5 RESOLUTION NO, 2006 - - A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 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 January 26, 1993 adopted Resolution No. 93-29 authorizin9 the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 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 1991: and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction 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 this Satisfaction of Lien individually in the official records of Collier County: Account No. 63351 81207 This Resolution adopted this _ day of , 2006, after motion, second and majority vote ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 March 14, 2006 Page 4 of 5 -- This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 56403000004 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: Pride, Eva Mae POBox 2202 Immokalee, FL 339340000 The Lien was recorded on the 19'h day of September, 1994, in Official Record Book 1986, Pages 766 through 942, In the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and No Cents ($102.00) pius accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: - MAINLINE BLK 4 LOT 5 Folio No. 56403000004 Project No. 60000 Account No. 63351 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency -, David C. Weigel County Attorney .'---- .~-" -_._. ... "-.-, Agenda Item No. 16C1 March 14, 2006 Page 5 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 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'h Ave. N Naples, FL 339630000 The Lien was recorded on the 19'h day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) 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. 60000 Account No. 81207 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C2 March 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaetions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Colleetion and Disposal Services Special Assessments. Fiscal impaet is $30.00 to record the Satisfaetions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 dclinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was rccorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. ....- Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for rccording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items, RECOMMENDATrON: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chain11an to sign thesc two Satisfactions of Lien for the 1992 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revcnue Supervisor, Utility Billing and Customer Service ,-- ,. ~~",,".....,. Agenda '(em ~~c. ,682 Maran 14.2006 Page2cf5 COLLIER COUNTY aOARD OF COUNTY COMMISSIONERS - Item Number: 1fiC2 ItemSummBry: R""~"mmr.,,dahon III ,)(jDpt" Ras(,llIlion to approv", Ule 3ali<;Jaclions of Lien 1m Solid Wasle fe.>ident,al "r,rounts wherein lhe County hilS faceivecl paymenl and 8aidLians "re &at;&fied in flllt flOr the 11192 8niid V'''i1~ie Cotler,t!\ln am1 D;~p"sal SEtrv;{;es Sps~I~1 A5sBasmenl~ F'~;;"I impact is $10 ucto f(f!.'''ro (he Satist"'ct;on~ofLiel1 MUllngOBte: 3.'14!20fJ6ll:0ll:'lOAM Prepared By PI1mCa1li9 R"'v~nue Sup<,rvi$or Date PublitUtilitius uscs 2:U20QG8A9,311AM Approved By Pam Callis Revonu~ S"p~rvi.",r Date PuohcUtililios uscs 2f3!2COt12A7PM Approved By JohnA. Yonkosky UtilllymlllngD;"ector ''', P"blkUWi!ies UBC5 2;SJ21100S,35PM Approved By Thom~sWiil",. O!.NationsDi'otlm Oat~ PublkUtillti"" P"blieUtll!!i<lsOporatjons 2!13120062;57PM Approved By l"r"saRlc"en Rc"..r",..Ma>",g"l D..ll! PUDlitUtilitic" uscs 2!17i20061o,nAM ApprovcdDy James W. O<,Lony PUDHc Utiiities Adm;nistro!o, ".. P"blkUWi!i~. Public U!ilihcs Admin;f,tration 3i21200fln,Il,PM ApprovcdBy OMBCo<lr,lInaIQr Admirlis['~ti""A....is[srlt Oat", CQunlyMano\!.> .Omea (y,f;""orMaM9""wrll&B"dg<>t 3.'::;:~006 8:49 AM .- Approved By RandyG"'''nw<lld Msnagemen\"BudgetAnalyst D31e County Manager's Olfice Off.ce"fMa"ogement&8udgel 313i20(l63,07PM Approved By Mitl1a..15mykowskl Ma"agement & Budgel DiceclQf Dote County M~na9~;"s Oftit~ Offke Qf M"nagnm~n[ & 8udg~t 3:3i20064,Q:lPM Approved By Jl>m~sV, Mudd CQUnlyMonaga, Oat.. Boord cl C",unty C<tmmiss;Qn"'~ C"unly Manag<'r's omcn 3i3i200GG;59PM .- -, - -._- Agenda Item No. 16C2 RESOLUTION NO, 2006 - March 14, 2006 - Page 3 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 40400 106302 This Resolution adopted this _ day of , 2006, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C2 March 14, 2006 Page 4 of 5 - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiaml Trail Naples, Florida 34112 (239) 774- 8400 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" Ter SW Naples, FL 339990000 The Uen was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued Interest and penalties, if any, and imposes certain obligations against real property - situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 29 LOT 10 OR 1929 PG 661 Folio No. 35753040007 PROJECT NO. 61000 Account No. 40400 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Uen and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Uen 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency -- David C. Weigel County Attorney ------..- ---",- -..- -----.----.- -~_._.- Agenda Item No, 16C2 March 14,2006 Page 5 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No, 61833400803 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: Ullrich, Carl F 1500 Terrace Ave Naples, FL 339420000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, The Lien secures the principal sum of Two Hundred One Dollars and Forty Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N G + T C L F NO 2-2 50 25 COM AT INT N LI LOT 27 NG & TCLF & W RlW LI SHADOWLAWN DR, S 197.32FT, S 89DEG W 31.95FT TO POB, S 89DEG W 50.10FT, N 47FT Folio No, 61833400803 PROJECT NO. 61000 Account No. 106302 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 14, 2006 Page 1 of 7 -- 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 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 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 1993 Solid Waste Collection Services Special Assessments, CONSIDERATIONS: Resolution No, 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No, 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the ,- Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution, The attached Resolution lists the four accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens, FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $50.00, which is to be charged to County Water/Sewer Operating Fund (408), GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the four Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the four Satisfactions of Lien for the 1993 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ~- ,'........"... Agenda item ~Je ,GC3 Marc"- 14.20D6 Page2 ef7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C3 - R",,,,,,,,,,. nrJafllJn to au(,pi B Rm<(lILJt;on 10 approve Ihe Si!ti$l'Bctions of Li"'1l for Solid Wa81e ItomSummary; -';~I'.If'n"Ji '.,,,('<)u,N, wh<1'~i[, th,> CQunty h~s feceived payment and $\lid l.ilins are 3<1'i5fioo in f:>l: "" '1)<, 1,n:> 5',\l<d ',va$i~ Collt)~JIQn rmd D;~p('$,iI SMvi(;"" SpQ,;,~1 A5S"'~$me"t^~. Fw",,,1 '"'I''''''' ~s(J,()r} t~ ",cO',l the, 5~1.i<,fac(i(Jns at 1.ien. MaetingOate' :j'14i2(;iJbD.cvrj(JM.~ Prepared By P~mC"Ili" RM~"u"Sun,,"Vi~M Dale PUl)lkUtilit,e" lJBCS 2!212(l(lfi9,Ol;J6AM ApprovdBy Tc'~s~ R,~~"n R(;,vc"u"Man~flN Oat" FublicU!im,ns uses 2121200112,2QPM Approv,'d RJ PnmedUs Re~en"" Sup",~i~or Olll.. h,UlkUlil,1,es JGCS 213I?OO612:4\}PM Approved By JM", fl.. V"~k"~ky Ulility6111,ngDimclnr 0._ r,,\,I,(; Utilil;c~ urKS 21B!200&S;34PM App,-ovcd By rl1""'2l~Wid~9 Op"mUDn~DimL1or Dol.. Public Utili,i,,~ rc,01k IH,!ili~~ Ooer~lk,,~ 21t31Zll0fi4,34 PM Approved By J"mC'i W. r;~L",~\, >'wblic, U!.i;it,es Arim,nilHl"Ut<l' D~t~ p"ni' lJtliti~, P\i';iic.!)l,iit,,,,,"''',y',,,,;,m.tiQn ~!21200612,03PM Appruvcd By ()M,~ Co"rdin~!'-" Id",ini~l'"\ry,'A".iHl""'\ {)~te C"u"tyM~""\I"(s()m",, Oilk""fMan"",,,,,,,,,,I/l.BLJdg"l 3.'3r20068;50AM -- Approved By R,,~riy c,,,',,,,w,,ld Ma"n8~",,,,1(iRuu,,e! A~,~!y~t O~l" ((",,,ty Mu,,~!w' 5 Otlk~ D1iic,'oIMw"'\l"'Mnt&S,,,I\WI JI3f200(',3'12 PM Approved By Mici'aH5r...."""wski \\''')''g~menl&fh'd"c\Di..U'wr ". C:Q~"1y M",n'''::~ ~ onic~ Nfi",. ui M~~"W)"'~nl & [l"dc~t 3!3120'lE 4,04 PM App,.",,'d By J,,'11~~ V. 1;1""0 :;c)t;n\)lII1.~"~0er Dote 8,'o1'('-';::::"'''''\Y (;"n"",,';~ic'nn' COH"!Y W,"03g<>'" Otli~~ 3161Z0061041 PM - ~~~,.~ ._~-_.__.~- --- Agenda Item No, 16C3 March 14, 2006 RESOLUTION NO, 2006- Page 3 of 7 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered beiow, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 8219 23414 21173 27818 This Resolution adopted this _ day of , 2006, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C3 March 14, 2006 Page 4 of 7 ,- This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Traii Naples, Florida 34112 (239) 774-8400 Property Foiio 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 hoider of a certain Lien against: Belyea, Donald F Gerald S Belyea 2001 43" Ter SW Naples, Fl 339990000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Cierk of the Circuit Court of Collier County, State of Fiorida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property - situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BlK 29 lOT 10 OR 1929 PG 661 Folio No, 35753040007 Project No. 63000 Account No. 8219 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 acknowiedge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Fiorida, 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: FRANK HALAS. CHAIRMAN Approved as to form and legal sufficiency - David C. Weigel County Attorney --,.-.--- .-." ".-..- ~- Agenda Item No. 16C3 March 14, 2006 Page 5 of 7 This Instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 61833400803 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: Ullrich, Carl F 1500 Terrace Ave Naples, FL 339420000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred One Dollars and Forty Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N G + T C L F NO 2-2 50 25 COM AT INT N LI LOT 27 NG&TCLF & W RAN LI SHADOWLAWN DR, S 197,32FT, S 89DEG W 31.95FT TO POB, S 89DEG W 50. 10FT, N 47FT Folio No. 61833400803 Project No. 63000 Account No. 21173 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C, Weigel County Attorney Agenda Item No. 16C3 March 14, 2006 Page 6 of 7 .- This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Foiio 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 339630000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk ofthe Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated In Collier County, Florida, described as follows: - NAPLES PARK UNIT 3 BLK 32 LOT 16 OR 1083 PG 1138 Folio No. 62641960000 Project No, 63000 Account No. 23414 Collier County, a poiiticai 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency -- David C. Weigel County Attorney w..__.__.,_ ~. ",'-- . ----_...~ Agenda Item No. 16C3 March 14, 2006 Page 7 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 70921534054 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: Manzano, Arturo S=& Mary T 615 6'h Ave Cir Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROCKY PINES ESTATES UNIT 2 BLK B LOT 7 OR 1572 PG 1969 Folio No. 70921534054 Project No, 63000 Account No. 27818 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No, 16C4 March 14, 2006 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the Connty has reeeived payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $110.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERA nONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residcntial unit lien. Rcsolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services -- Special Assessments, Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the tcn accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien, FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $110.00, 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 ten Satis!ilctions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the ten Satisfactions of Lien for the 1994 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service I''''~''' .,."._,,' ~"""R~."_'~'~"" Agenda item No, 1GC4 March 14,2006 Pi:lg~2cj 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 16C4 Item Summary; Rec"'llmendalirm tll adl'p! ~ Resolution La approve lhe Satistllcliuns nf Llell tnr Sotid WasllJ r,,~idellt;ai 'lcc<Junl, whe'ein the County ha~ rllclliverJ payment and s"id L.illm; are sati&hed in llll! lor the 1994 $()Ikl Waste Cr,llection and Disposal ,~ervi';as Spa,;,,,1 A.ssessmenla, F''''.,al Impact ,s $110.00 10 rer.ord the S~('~1tllclion~ 01 Lien. MMtl"gDate: 3!14f20(!f;9 OO:(J(J AM PrcpnedBy Pam C~III~ RevenueSup"rvisor 0.. PublltUtillliu'i uscs 2!21Z0CI6\U8:.19AM Approved By TeresllRI"sen RUl/enueMlln-'lger Dale PubllcU@li"" uscs 2i2i2llll62:Z7PM ApprnvedBy p"me~lIis Revenu"Supervl"',r 0." PublitUtlUlln USCS 21312U0612'4~PM Apprn~dBy Joh" 11._ '{o"~osky Utility Billing Dimclm ". P"bllcU@tlp.f< uses 1/Bi1.00e 5:33 PM Approved By Tho""",.W;des Operah"Mo"..ctm Dute Publjr,UlililiM Public Ulillti~" Operatlon" 2113110064,3ClPM Approved By Jam"gW,OrcLony PublicUtilitiosAdministrnlor D,w P"clielJ!IIitln P"hk Uiilltle" flrln1in;stralion 3121100612:04PM Approved By OMBCoof<li"aW' Admi";sl""tiv"Ag"igl~"t DoW COLJMyM"""\I",'gOn,oe Ollko oiMan"g..n,enl & Bu,tget 3131200ea,5l.lAM - Appro\'CdBy RanctyG,,,..,,wald Milnage",,,nl1BudyetAnaly;;1 Dale County Manage"" Ofllce O'liccofMann!l"",ent&8udy"l 3!31:200a3;13PM Approved By Mieh~~1 Smyi<o,",,,kl Ma"a\!"m"nt"fh,d\l~tDjr"clor DoW Coun\y Manager's Offioe Offit"o;Mana,,~manl& B"':lge1 3J312l)06~:D5PM Appro\'cdBy JamcsV.Mu<ld CountyM"M9"" D~le Bo~,<l of C"unly C"""nlssion.,,~ Countj Manag",-'s Offite .1f6110051;43PM - ~ ------_.- ~".____u -.<. --"" -~-_..,-- Agenda Item No. 16C4 March 14, 2006 Page 3 of 13 RESOLUTION NO, 2006-_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS_ WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 1850, 4255, 6716, 17860, 20129, 20394, 22004, 26288, 28024, 28040 This Resolution adopted this _day of , 2006, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS A TrEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C4 March 14, 2006 Page 4 of 13 - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiaml Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 36125120004 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: Henson, William G=& Linda L 1930 49th St SW Naples, FL 3339990000 The Lien was recorded on the 141h day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Coliier County, State of Florida. The Lien secures the principal sum of Seventy Eight Dollars And Twenty Eight Cents ($78.28), 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 4 BLK 139 LOT 9 OR 1650 PG 1193 - Folio No. 36125120004 Project No. 64001 Account No. 1850 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 FRANK HALAS, CHAIRMAN Approved as to form and iegal sufficiency - David C. Weigel County Attorney -_.- ---~ --~---~---- ----~,._-- Agenda Item No. 16C4 March 14, 2006 Page 5 of 13 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiaml Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 24538160003 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: Hoffman, Karen F 65_81h St Bonita Springs, FL 339230000 The Lien was recorded on the 141h day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BONITA SHORES UNIT 2 BLK 20 LOTS 34 + 35 OR 1825 PG 1185 Folio No, 24538160003 Project No. 64000 Account No. 4255 Coilier 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 FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency -'~''''-'--'---',,_-- David C, Weigel County Attorney Agenda Item No, 16C4 March 14, 2006 Page 6 of 13 - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 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" Ter SW Naples, FL 339990000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 29 LOT 10 OR 1929 PG 661 -- Folio No, 35753040007 Project No. 64000 Account No. 6716 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 FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency - David C. Weigel County Attorney .- .-.....- Agenda Item No. 16C4 March 14, 2006 Page 7 of 13 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Properly Folio No: 56403000004 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: Pride, Eva Mae POBox 2202 Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: MAINLINE BLK 4 LOT 5 Folio No. 56403000004 Project No. 64000 Account No. 17860 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 FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 March 14, 2006 Page 8 of 13 - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Fiorida 34112 (239) 774-8400 Property Folio No: 61833400803 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: Ulirich, Carl F 1500 Terrace Ave Napies, FL 339420000 The Lien was recorded on the 141h day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Doliars And Seventy Four Cents ($208.74), pius accrued interest and penalties, if any, and imposes certain obiigations against real property situated in Collier County, Florida, described as foilows: N G + T C L F NO 2-2 50 25 COM AT INT N LI LOT 27 NG&TCLF & W RJW LI SHADOWLAWN DR, S 197.32FT, S 89DEG W 31.95FT TO POB, -- S 89 DEG W 50.10FT, N 47FT Foiio No. 61833400803 Project No. 64000 Account No. 20129 Coliier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in fuli 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 Coliier 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 FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency -- David C. Weigel County Attorney ---, -_..,,-- .'-~---- Agenda Item No. 16C4 March 14, 2006 Page 9 of 13 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 62043640009 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 Uen against: Guerra, Noel=& Norma 5310 Holland St Naples, FL 339620000 The Lien was recorded on the 14th day of September 1995, In Official Record Book 2099, Pages 1338 throu9h 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, If any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows; NAPLES MANOR UNIT 1 BLK 7 LOT 7 OR 1700 PG 401 Folio No. 62043640009 Project No. 64000 Account No. 20394 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 thls~ day of ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E, BROCK, CLERK COLLIER COUNTY, FLORIDA By FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel Cou nty Attorney Agenda Item No. 16C4 March 14, 2006 Page 10 of 13 - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (239) 774-8400 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'h Ave N Naples, FL 339630000 The Lien was recorded on the 141h day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 32 LOT 16 OR 1083 PG 1138 - Folio No. 62641960000 Project No. 64000 Account No. 22004 Collier County, a political subdivision of the State of Florida, hereby acknowiedges 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 FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency _. David C, Weigel County Attorney H_'_._"'_'___ ._.-,- -----".-.-..- "--- Agenda Item No. 16C4 March 14, 2006 Page 11 of 13 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 70921534054 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: Manzano, Arturo S=& Mary T 615 6th Ave Cir Immokalee, FL 339340000 The Lien was recorded on the 141h day of September 1995, In Official Record Book 2099, Pages 1338 throu9h 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROCKY PINES ESTATES UNIT 2 BLK BLOT 7 OR 1572 PG 1969 Folio No. 70921534054 Project No, 64000 Account No. 26288 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 FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 March 14, 2006 Page 12 of 13 --, This Instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 78570280007 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: Rodriguez Jr, Raymond=& Lilia 302 S 9th St-18 Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Cieri< of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Thirteen Dollars And Forty Four Cents ($213.44), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UTOPIA HOMES UNIT 1 LOT 7 OR 1815 PG 625 - Folio No. 78570280007 Project No. 64000 Account No. 28024 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, Fiorida, 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 DW IGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency - David C. Weigel County Attorney __m__ -.-...- ----,---- Agenda Item No. 16C4 March 14, 2006 Page 13 of 13 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 78570360008 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: Rodriguez Jr, Raymond;& Lilia 302 S 91h St -18 Immokalee, FL 339340000 The Lien was recorded on the 141h day of September 1995, In Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Thirteen Dollars And Forty Four Cents ($213.44), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UTOPIA HOMES UNIT 1 LOT 9 OR 1815 PG 623 Folio No. 78570360008 Project No. 64000 Account No. 28040 Collier County, a political subdivision of the Stale 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 FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency ------- David C, Weigel County Attorney Agenda Item No. 16C5 March 14, 2006 Page 1 0111 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfaetions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments, CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No, 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. . ..~, Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution, The attached Resolution lists the eight 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 $90,00, 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. RECOMMENDA TION: That Board of County Commissioners adopts the attached Resolution approving the eight Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the eight 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 'tem NQ ,6C5 Marcl114,2006 Page20t 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: luGS ltemSummary: RilGOlTImendation to adopi ~ R"gt>luti"" 10 iJfJpmv" lilt' $~li3t<lCliO"S Df Lien tor Solid Wasle rl<y,i<:hm(j,~t aCl"JUnts whe'ein the Counly ha~ ",ceived payment "nil ~r~id Lieny, iI''' satisfied In hll! t.,r ~h.. 1995 Solid V','<lste Coll<lC.lion rlnd O;~'pm'rll Servit;a5 Sp(!Girll AS5fl5Sm&nIR FisI;1l1 ;mpactis $90 00 !orecord the Salislaclioflsotlier; M...UngDate: 3!14i2(J(j69GO-(JrJAM Prepared By PamCalhu Rov.>Ilu"S<l!><'tvisl>r Oatg Pub~c UtiHtI"s UBCS 2!2'200!l 9:35:49 AM ApprondBy Te,aGaRiMan Rava"""Mallagof 0.. Public Uljljtl~S USCS 212!20QB2,27 PM Approved By PamC3!1iB Rev"m,eSuperviso, ". P"blicUtllI\ie,. uses 2131200612:51PPII ApprovcdBy Jo..nA.YIl"kosky UllIllyBllli"gOimclo' D~m P"blicUUli\i"6 UBCS 21B1200B5:33PM Approved By T'",m2lsWid~s Ope,,'lionso;mCIO' D<lI., Publio UllJltl~e Public Ulllities Op,,'atlons 2!1.:l/2t10G4;40PM ApprllvedBy Jume~W.D<,L""y Public UtWtlM AdmilliBtrnl", n~lg P"bHctlUlilles Puhli<oUhhlillfiA<lmi"iutmli<m 31212(106'IZ:04PM Approved By OMS C"",din~t'" Ad",i"ist""liv"As~isla"\ D~w County M~'IUY""HOf'fjCC Oflk..oIM~n~9"nl3"t& 8"d!l"1 3.':lrlOO!la,54AM ..-., ApprllvedBy R~ndyG""II"w"ld Ma"agemcfltiBudglllAnalyal O<l\e C""nlyMunallef'eOtfke Office "fMlIn"!l~melll&aud\lcl )!1120(j{;3;.:!OPM Approved By Micll""ISmykow..1<1 M<tnogcment& aucigel Din'cl", ,.. Counly M~Il"g<i(s Offico Offlc"ofro1allagemenl8; Budo"t 3i:)120064:06PM Apprllved By JIlm"sV.Mudd CounlylVl"Mge, D~te Boa,dcfCo,""ty C",,,,ly Monallt>r'!\. Ofllc<i 3.'6i2.0061:MPM C"mErlb<,i""m~ - '-"'. -"_. -.---- Agenda Item No. 16C5 March 14, 2006 RESOLUTION NO. 2006- Page 3 of 11 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 Coilier County: Account No. 3382 21319 27818 19101 22596 28011 20941 26097 This Resolution adopted this _day of , 2006, atter motion, second and majority vote. BOARD OF COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C5 March 14,2006 Page 4 of 11 - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarniarni Trail Naples, Fiorida 34112 (239) 774-8400 Property Foiio No. 00767480002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and hoider of a certain Lien against: Deieon, Carlos 15062 Oak Tree Dr Naples, FL 341148903 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 irnposes certain obligations against real property situated in Collier County, Florida, described as follows: - 2051 27 BEG NW CNR SEe 20, S404.84FT, E 452,56FT TO POB, S 135FT, W60FT, N 135FT, E 60FT, TO POB .19 AC OR 1247 PG OR 1247 PG 351 Folio No, 00767480002 Project No, 65000 Account No. 3382 Coilier 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: FRANK HALAS CHAIRMAN Approved as to form and legal sufficiency - David C. Weigel County Attorney ,'-----"- <~^ .- . - -~- -.....- ~.__.- __..___n____'_ Agenda Item No. 16C5 March 14,2006 Page 5 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiaml Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 56403000004 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: Pride, Eva Mae % Susan R Taylor Attorney At Law 302 High St Holyoke, MA 010406517 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: MAINLINE BLK 4 LOT 5 Folio No. 56403000004 Project No. 65000 Account No. 19101 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby ca ncels 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 March 14, 2006 Page 6 of 11 -. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No, 60830960004 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: Baxter Jr, Wm J Laurence R Legault 5 SW Ave Narragansett RI 028820000 The Lien was recorded on the 81h 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, Fiorida, described as follows: MYRTLE TERRACE BLK BLOT 12 + E 25FT OF LOT 13 OR 1031 PG 1991 Folio No, 60830960004 Project No. 65000 Account No. 20941 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 Cierk 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney ._..~-,.. --- -..,-.. -.-- Agenda Item No, 16C5 March 14, 2006 Page 7 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No, 61833400803 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: Ullrich, Carl F 1500 Terrace Ave Naples, FL 341040000 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 Two Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N G + T C L F NO 2-2 50 25 COM AT INT N LI LOT 27 NG&TCLF & W RIW LI SHADOWLAWN DR, S 197.32FT, S 89DEG W 31.95FT TO POB, S 89DEG W 50.1 OFT, N 47FT Folio No. 61833400803 Project No, 65000 Account No, 21319 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No, 16C5 March 14, 2006 Page 8 of 11 - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamlaml Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 62260840006 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: Smith, Jeffrey R=& Ann E 5325 Jennings St Naples, FL 341137817 The Lien was recorded on the 81h 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 penaitles, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: -- NAPLES MANOR LAKES BLK 11 LOT 30 OR 823 PG 1917 Folio No. 62260840006 Project No. 65000 Account No. 22596 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency -- David C. Weigel County Attorney '-'~'-" ~,._--_.-'-- - - _.--. ----.-..--'"---- Agenda Item No, 16C5 March 14, 2006 Page g of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 66882040002 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: Ayala, Jose V 609 Madison Ave W Immokalee, FL 341423039 The Lien was recorded on the 8'" 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: PINECREST BLK CLOT 13 OR 1067 PG 378 Folio No. 66882040002 Project No. 65000 Account No. 26097 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 March 14, 2006 Page 10 of 11 ..- This Instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No, 70921534054 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 Uen against: Manzano, Arturo S;& Mary T 615 6th Avenue Cir Immokalee, FL 341422698 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: .>-.- ROCKY PINES ESTATES UNIT 2 BLK BLOT 7 OR 1572 PG 1969 Folio No. 70921534054 Project No. 65000 Account No. 27818 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency ,- David C. Weigel County Attorney ,---. ",,--,..,. -_.~_..- ...-.-.-.--.... . - ..-. Agenda Item No, 16C5 March 14, 2006 Page 11 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No, 71830200009 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 Vasquez, Delia Acosta 3164 Areca Ave Naples, FL 339620000 The Lien was recorded on the 81h 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: SABAL SHORES OF BLK F LOT 5 OR 1695 PG 854 Folio No, 71830200009 Project No. 65000 Account No, 28011 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:__._ FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency -...,------------_.~.__."'~-_.,_. David C. Weigel County Attorney Agenda Item No. 16C6 March 14, 2006 Page 1 of 14 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 $120.00 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 ofthe 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 eleven 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 $120.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the eleven Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the eleven Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service ._.. ...... Agenda item No 16CB March 14.200e Page 2 of 14 COLLIER COUNTY BOAFW OF COUNTY COMM1SSIONE:~S - Item Number: ifiCll IlemSummery: Recnn,m"nda!i0[11"dd(,piilF:llsolutlonlOilPP,o'lfillleSiltifilll('"Ions of Lian for Soiid Wa81a r,,~ident':ili llCC'Junts wherein the Co;;nt.y has fllCf:liva<:l payment and !lllid Liens :ilre sll'iMied in full to' the 1(195 SrJ!id WalWo Cr,lIflf.bon llnd D,~posei 50;1\.';<;&11. Special A~""'ssmrmt6, f,s,;ai impil'.;t IS 5120,00 tn r"r.ard the Saltslactl(1M of l,ien MeetlngOele: 3.'14!200b\lQO-IJOAM Prepared By P:ilmCall1s R.."enl.leSvpervisor ". P"blkUlllltl~$ uaes 21212GG!ilG;OU;56AM ApprovcdBy TerMaRiesen R..venv~M:ilnagBr Oat" PublicUtilitiBll USCS 2i2/2tlO\> 2'.27 PM Appro.-edBy PamCallill Rev~n\J"S\.lpervi"or Date PublicUlUll;e" UBes 21312G0612,$2PM Approved By Jr>hn A, Yr>n~01'l<.y 1I111ity Blll;ng D;fl\clm 0," !,,,hllclltilit\M uacs 21812tlO1l5::12PM Approved By Th"m8<Wici..s Op"rJI,on~ Dimetur !lll'" P~hlic UlIlIHes P"lJlic' Utillti"s OpMalions 2/1~!"OOBD,02AM Approved By J"mesW_OeLony Public Ulilitios Adminislcatm 0.. Pul>llcutliili<o" P"blic Ut;(;"';s Ao,,,,nial,,,U,m 31212(106i2,04PM Approved By OMBC<;lo.din~Wr Acl",I"lsl"'dti~" IIs,islanl ll"t" CmmtvNl"''''\I",>..Office Offic.. 01 M"n..g"",ent A BudgGt :~!3;2006 B,S5 AI\II -- Appro,>,ed8}' f1.allriyG,,,..,,wnld Man~9"mN'lmudg'" Analyst Dole CounII'M""aller'$Offk,, Offi.w 01 M''''''g"ment & Eh'<lg,,1 313rJ0063;19PM Appro,>,cd By Mict>aelSmykowskl Mun"ocment& Dlldyut Oircctor 0.. CQunty M"n"O<f,'~ORice Office of M:ilMg<>menl & Budget ~!3,'200t\4;07 PM Approved By JamesV. Mudd County Mao~g'" "" BlJard<>1 cOl.lnty C"""nl55i"n"'~ C""nly ManayN's Offkc 3i6;ZGOe1,411PM - -._-~ ...._" ,-~,.__.- _."~-"-'-" .-....-.- Agenda Item No. 16C6 March 14, 2006 RESOLUTION NO, 2006- Page 3 of 14 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, 932 6716 27407 32382 2710 19020 28532 33051 3492 21005 30740 This RC:iOlutioll adopted after this _day of __~_' 2006 <lftcr motion, second and majority vote. BOARD OF COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK ~~---~-- BY: FRAI,K HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No, 16C6 March 14, 2006 Page 4 of 14 _. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 00090680003 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: Sanchez Jr, Adam=& April S PO Box 86 Immokaiee, FL 341430086 The Lien was recorded on the 8TH day of AU9ust2000, 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: ..- 324630 COMM AT CM MARKING SW CNR N1/2 OF NW1/4 OF SW1/4 OF NW1/4, THENCE E 563FT, N 502.54FT TO POB, N 502.54FT, E 431.50FT, S 506.04FT, W Folio No. 00090680003 Project No. 66000 Account No. 932 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 recordin9 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: FRANK HALAS, CHAIRMAN _. Approved as to form and legal sufficiency David C. Weigel County Attorney ---- ..,-~-~...,_. -"-~ .. ".- ~'_"'m^'~ ' --.- Agenda Item No. 16C6 March 14, 2006 Page 5 of 14 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 00396960003 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: Hoolihan, Dan=& Dawn 5050 Benfield Rd Naples, FL 341141223 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 15026 COMM S1/4 CNR OF SEC, N 1325FT, W 658FT TO POB, W 658FT, N 331.25FT, E 658FT, S 331.25FT TO POB 5 AC OR 1763 PG 286 Folio No. 00396960003 Project No. 66000 Account No. 2710 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' FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C6 March 14, 2006 Page 6 of 14 - This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Properly Folio No. 00767480002 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 Uen against: Deleon, Carlos 15062 Oak Tree Dr Naples, FL 341148903 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: - 20 51 27 BEG NW CNR SEC 20, S 404.84FT, E 452.56FT TO POB, S 135FT, W 60FT, N 135FT, E 60FT TO POB .19 AC OR 1247 PG Folio No. 00767480002 Project No. 66000 Account No. 3492 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: FRANK HALAS, CHAIRMAN ..- Approved as to form and legal sufficiency David C. Weigel County Attorney --- _u.._._ Agenda Item No. 16C6 March 14, 2006 Page 7 of 14 This Instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 30731640000 SATISFACTION OF LIEN /(NOW 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 Gallegos ET AL, Gemblel G 1305 S Tangerine St Immokalee, FL 341420000 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seven Hundred Forty Six Dollars and Twenty Seven Cents ($746,27) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated In Collier County, Florida, described as follows: EDEN PARK 1 ST ADD BLK 10 LOTS 1 + 2 Folio No, 30731640000 Project No. 66000 Account No. 6716 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency --. ------'".,.-------- - ------ David C. Weigel County Attorney Agenda Item No. 16C6 March 14, 2006 Page B of 14 This Instrument prepared by; Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 49530720002 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: Gallucci, Gary A=& Patricia M 390 N Chester Rd West Chester, CT 193806676 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obiigations against real property situated in Collier County, Florida, described as follows: <- HENDERSON CREEK PK BLK F LOT 12 OR 1484 PG 783 Folio No, 49530720002 Project No. 66000 Account No. 19020 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency - David C. Weigel County Attorney ..-"---. -- --_.,.~..- -..-._-----"-- Agenda Item No. 16C6 March 14, 2006 Page g of 14 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 56403000004 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: Pride, Eva Mae % Susan R Taylor Attorney At Law 320 High St Holyoke, MA 01 0406517 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued Interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE BLK 4 LOT 5 Folio No. 56403000004 Project No, 66000 Account No. 21005 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No, 16C6 March 14, 2006 Page 10 of 14 - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 63866720008 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: Velasco, Carmen 340 Alachua 5t Immokalee, FL 341423503 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106,61) plus accrued Interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: - NEWMARKET SUBD BLK 53 LOTS 45 AND 46 Folio No. 63866720008 Project No. 66000 Account No. 27407 Collier County, a politicai 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 acknowiedge 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: FRANK HALAS. CHAIRMAN Approved as to form and legal sufficiency - David C. Weigel County Attorney ._.______.,._". _ _ _M._ ',"<_--"_'_'_"~ ---- Agenda Item No. 16C6 March 14, 2006 Page 11 of 14 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 6682040002 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: Ayala, Jose V 609 Madison Ave W Immokalee, FL 341423039 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BLK CLOT 13 OR 1067 PG 378 Folio No. 66882040002 Project No, 66000 Account No. 28532 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C6 March 14, 2006 Page 12 of 14 -- This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 71830200009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: Tllat the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and Ilolder of a certain Lien against: Vasquez, Delia Acosta 3164 Areca Ave Naples, FL 339620000 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 througll 0309, in the Office of tile 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: ..-. SABAL SHORES OF BLK F LOT 5 OR 1695 PG 854 Folio No. 71830200009 Project No. 66000 Account No. 30740 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 WIHJESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Salisfaction of Lien, by action of the Board this _ day of _...~~_~, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E, BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency - -_._--_.._.."--~-,.._--'_._----- David C, Weigel County Attorney -'''-'~--' _._~---_.-_... --- ----,.~. Agenda Item No. 16C6 March 14, 2006 Page 13 of 14 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 80221280001 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: Andiorio, Kenneth J 1610 Nottingham Dr Naples, FL 341091684 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal surn 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: VICTORIA PARK WEST LOT 119 Folio No. 80221280001 Project No, 66000 Account No. 32382 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency --_..._--,--~._._------ David C. Weigel County Attorney Agenda Item No. 16C6 March 14, 2006 Page 14 of 14 - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarniaml Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 82535480003 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: Holmer, Dawn M 205 Johnnycake Dr Naples, FL 341101346 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office ofthe 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: .- WILLOUGHBY ACRES LOT 141 Folio No, 82535480003 Project No. 66000 Account No, 33051 Collier County, a poiitical 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, Fiorida, 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: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency _. David C. Weigel County Attorney . ",,-._- -~.. --- ,---.--..-. -- Agenda Item No. 16C7 March 14, 2006 Page 1 of 9 Executive Summary Recommendation to approve a change order in the amount of $77,768.52 to Contract 04-3680 with Belair Builders, Inc. for installation of Collier Boulevard (CR-951)Nanderbilt Beach Road (CR-862) 16" Force Main, Project Numbers 73085 and 73086. OBJECTIVE: The public purpose is to provide wastewater collection facilities to meet demand in the northern region of the county, This item relates to construction of such facilities. CONSIDERATION: Contract 04-3680 was awarded to Belair Builders, Inc. in the amount of $886,487.56 by the Board of County Commissioners on September 28, 2004 as Agenda Item 16 (C) (2). This contract was for the installation of a 16-inch sanitary sewer force main for approximately 3,700 1.f. along Collier Boulevard (CR-951) and approximately 9,200 1.f. along Vanderbilt Beach Road (CR-862). During construction of these improvcments, numerous unforeseen and/or changed conditions were encountered which required perfonnance of additional services to satisfactorily complete the project. These consisted of (I) accommodating conflicts with existing utilities and discovery of structures not shown on as-built plans, (2) revising size of structures to eliminate - replacement during subsequent road widening project, (3) extra ordinary work required to protect existing utilities due to limited area for new construction, and (4) alternate method of construction (open cut) required due to site conditions. The attached change order in the amount of$77,768,52 has been prepared for your consideration in this regard, This project is consistent with the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda item 10 (C) on May 25,2004. The Clerk of COUlis, Finance Department, has revicwed the infonnation contained in this Executive Summary and the corresponding attachments, FISCAL IMPACT: The total cost associated with approval of this change order is $77,768.52. Funding for this obligation is available in and is consistent with the FY06 Capital Budget adopted by the Board of County Commissioners on September 22, 2005. Current appropriations are identified in the Wastewater Impact Fee Fund (413), Installation of Collier Boulevard (CR-iJ51 )/Vanderbilt Beach Road (CR-862) 16" Force Main, Project Numbers 73085 and 73086. The source of funds is Wastewater Impact Fees. GROWTH MANAGEMENT IMPACT: This project is necessary to meet wastewater collection demands and is consistcnt with the Growth Management Plan.. RECOMMENDA T10N: That the Board of County Commissioners, Ex-officio the --- governing board of the Collier County Water-Sewer District: ^...<..,~-,.~.~ ..""-~.",,._,....~, <>'-"--'.' '..';......".,~...,."..-" -~"-_.~.-~.,---,-,-- Agenda Item No. 16C7 March 14, 2006 Page 2 of 9 1. Approve Change Order NO.2 to Contract 04-3680 in the amount of $77,768,52 for performance of additional services related to construction of the Collier Boulevard (CR-951)N anderbilt Beach Road (CR-862) 16" Force Main, 2. Authorize the County Manager or his designee to execute the Change Order. PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department ",.-. .,..-. Agenda item No 16C7 March 14,2006 F'age3of9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 16G7 Item Summary; R~co"'!TI{;ndftl.iof\ III approve ~ challll'" ord~r in lll.. arn(lLJn' oj :rn,7nfl.52 t~, CO'l\!!lr.;t 04- %l:lO with fjalair 8uiid~rs. loc. 'm in$tailiJti0n 01 C(Jllier8011!f>VMd {CR_951)lVaMert,ilt, BlllJr;h Road (CR-652) 16 FCl[ce Mal", F'Wject N"mt"~fE 73085 a"d 73086 MeetlngO.le: 311412()(i(;\lcOO,fjOAM Prep.redB}' Hatryflub"T SenIor p">j,,el MnoogQI Oal.. PUblic Utlliti"~ PqblkUtilltlusE"\Jin<>Qr;"\J 2j28120\l62;14;34PM ApprondBy ThomllsWides Ope-ratlonsOi'eclor OAt" P"blicUtilltlas PuhlicUlmli/lsOpe,alion~ 3J21201lli11:!.llAM Approved By SlevaCom~1I p"rch~al"lIiGe"ar"l Svcs Dir"clo, Dal~ A<lministr8tll1eS~IY;G"~ pUN:l>aa;ng 3j2!20062,03PM Approved By WilliamO,Mumn.PEO P,incip~1 P'oj<>ol M~n"9'" O~le P"bllcUtilities f>ublicUhliliuEng;neerin9 3j2f2006CWPM Approved By G. Goorge Vilma", Inle,;m W""leW3\er DireCIOt ,"0 P"bhcutilitias WJ~leW81... 3121200115,58 PM Approved By Roy6....",j""son,P.!" P"bl;o UlilUiQS Enginee';ny Direotor ,", P"bllr,Ulilil.i,,$ f'1l1>1'cUllIlllesE"gine.,';ng 3m2Q06 ~i,1nPM Approved By JumesW.D,>t"ny Public Util;\j,,~ A<lm;nistralcr O"I~ Put'Ii<:lJtilit'''G Public iJllliti,,~ ...cttni"islmUc>n ~la:2HIl6 12:1.:\ PM ~ Approved By JMJle"V.Mu<ld C,-,uMyMQn"9~' Onm Board of C""n\y Commissioner;; C""nlyMan"""ff,Of!ioe 31H!21J\l612:45PM .- , --- -....- ._---_._...~... --- Agenda Item No. 16C7 March 14,2006 Page 4 of 9 EXHIBIT E CHANGE ORDER TO: Belair Builders, Inc. FROM: Public Utilities Engineering Dept. Mark D. Mur\owski. CEO 3301 Tamiami Trail East 6220 Taylor Road, Suite 106 Naples, Florida 34112 Naples, Florida 34109 Project Name: Collier Blvd.lVanderbilt Beach Road - 16" FM Construction Agreement Dated; 9/28104 Bid No.: 04-3680 Change Order No.: 2 Date: 11/23/05 Change Order Description: Additional work required to meet changed conditions (see attached requests). Original agreement amount ............. ........... ............... ................. $ 886,487.56 Sum of previous change orders amount ................. ....................... $ 57,968.96 This Change Order Amount ................ .................. ....................... $ 77,768.52 Revised Agreement Amount ........... ............................................... $1,022,225.04 Original coniracttime in calendar days. 135 Adjusted numhcr of calendar days due 10 previous change orders .. 190 This change order udjustcd time is . . . ................................. ........... 59 Revised Cun/rac! Thnc ;/1 calendar 384 Original Notice to Proceed dale ................................... . December 10,2004 Completion date based on original contract time April 25, 2005 Revised completion date December 30, 2005 Your acceptance of this change order shal1 constitute a modification to our Agreement and will be performed subject to all the salllc terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The odjustmcnt. if any, to this Agreement shall constitute a full and final settlement of any and all claims or the Contractor arising out oC or related to, the change set forth herein, including claims I'or impact and dela;., costs. Prepared by: Date: Han)' Huber, Senior Project Manager Public Utilities Engineering Department Recommended by: Date: Design Professional - William 1. Gramer, CH2M Hill ACc,,:pled hy: Date: Mark D. MurIO\.\iski. CEO Belair Builders. Inc. Approved by: Date: Roy B. Anderson, P. E., Director Public Utilities Engineering Department WS-CA-E-l (For Use by Owner: Fund: 413 COSl Center: 2636J 3 Object Code: 763] 00 Project No.: 73085/73086 Agenda Item No. 16C7 March 14, 2006 Page 5 of 9 .- - -- --..".- -,_._--- ~._-- Agenda Item No, 16C7 '4ar~h 14, 2QQ6 Date: 3/1/06 E-Mailed To Bonnie: Page 6 of 9 "'I Project Name: Colllier BJvdlVan1-;b~eilt aad 16" Force Main I Project Number: 73085/73088 0 '1\ \Q: 26 . . '06 fEB 3 ~ j 1.3 /I ~J - d [)/ ,....{ BIDIRFP#: 04-3680 v-o ' L C / UVU /lA.. r~LI Mod#: 2 chi a~~ /~ PO#: 4500037556 Work Order Number: Contractor/Consultant: .Belair Builders, Inc. Original Contract Amount: $_886,487.56 (Starting Point) Current BCC Approved Amount: $ 886,487.56 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 944,456.52 (Including All Changes Prior To This Modification) Change Amount: $ 77,768.52 Revised ContractIWork Order Amount: $ 1,022,225.04 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractfWork Order: L-..135,737.48 Percentage Of The Change OverlUnder Current Contract Amount: _15.31 % Overview of change: To provide for various additional itcnnd deletions caused by unforeseen site conditions Contract Speciahst: ~..., 11 1 ~t~te:.3 / t/ t16 , / Scanned Date: -=3~\ 010 Data Entry Information: Type of Change: Contract Project Manager: Hany Huber Department: PUED Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Valoe Added 6. Schedule Adjustments Scanned copies of the back up documentation may be located on the Purchasing G drive: G:/Current-Changes to Contracts ~ G:I Current~ Changes to Work Orders Revised 7/11105 --_._._-------~.-._----~---- ---~.~_.._-- ----- _._--------,---~ CONTRACT/WORK ORDER MODIFICATION Agenda Item No. 16C7 March 14,2006 CHECKLIST FORM Page 7 of 9 ,-- rlOJECT NAME: Collier Blvd./ Vanderbilt Beach Rd. -16" FM PROJECT #: 73085f73086 BID/RFP #: 04-3680 MOD #: 2 PO#: 4500037556 WORK ORDER #: N/A DEPARTMENT: Public Utilities EnQineering Original Contract Amount: $ 886.487.56 (Starting Point) Current BCC Approved Amount: $ 886.487.56 (Last TataJ Amount Approved by the Bee) Current Contract Amount: $ 944,456.52 (Including All Changes Prior To This Modification) Change Amount: $ 77,768.52 Revised Contract/Work Order Amount: $ 1.022.225.04 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 135,737.48 I Date of last BCC Approval September 28. 2004 Agenda Item # 16 (C) (2) <<..- ercentage of the change over/under current contract amount 15.31 % ":ormula: (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 Procurement Administration Procedures, Section IV.3,d CURRENT COMPLETION DATE (S):ORIGINAl: April 25, 2005 CURRENT: December 30, 2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. See attached change order JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Chanqes required to address unforeseen conditions durinq construction, PARTIES CONTACTED REGARDING THE CHANGE: Belair Builders, Bill Gramer (CH2M HILl) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement .JL Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. _0 \PPROVE BY: ~ Date: r?, Z'8. c(;,. proje t anag ..BIt I {)~ REVIEWED BY: Date: ContI' c I Revised 10/5/05 _..-- ._-------~~ - - ."..".._---->~... --"._--- Agenda Item No. 16C? March 14, 2006 Page 8 of 9 Install Collier Blvd. (CR-951)Nanderbilt Beaeh Rd. (CR-862) 16" Force Main Contract 04-3680 Summarv of Work Reouests - Chanl!e Order # 2 Work Reouest # Description Amount 2 Remove and plug storm drain not shown on $3,291.50 plans, Sta. 361+20 & 336+00 3 Remove existing box culvert and dispose. Install temporary access to property, Sta. 401+50 6,142.74 4 Added cost for larger ARV vaults 24,926.88 5 Dip under Island Walk water service 10,652.55 7 Dip under existing reclaimed water line @ 4,174.74 Sta. 423+50 8 Relocation of existing 4" force main as needed 16,218.88 to install the 16" force main from Sta. 125+00 to Sta. 153+00 10 Jack and Bore under Vanderbilt Beach Rd. in (3,740.00) lieu of open eut 12 Curb restoration at Pres wick Lane. 2,067.87 13 Asphalt restoration at Preswick Lane 6,017.00 14 Tunnel under and support existing 30" water line 5,371.74 15 Remove and replace existing landscaping and guard 2,644.62 rail at Preswick Lane due to open cut TOTAL $77,768.52 ,,-,~~,,-.~.,..,.. f'-'i"C 0> '! r '5 - U> 0 o-.::i Q.) z"-~ '" EUCL 0 (l)~ ~I '" -'" - -;;;::;; 5 '0 I N C - (l) '" - 0> 0 0 <( >- ~ .... - - ... 0 ... - - 0 I M - ~-- 5 t'- N 0 - 0 - N 0 '" t'- '" 0 0 >- M .... t'- ";: in '" - 0 0 M '" - 0 ... - z - 0 t> ~I '::! " '0' 5 - a. ~I N ~ .... l=- 'a. 0 0 ..... - " >- ~ - t) .... - I- 5 - ... - 5 ~I gj f-- I ...., ~I gL ::;; 0 u. >- ~ .... - "' - 5 ~ ~ ... .,; - - 0:: 0 .<: M u - " ... 5 " l:ll 0 ..,. 0 N - 0 N - ii >- 1--_5 :;; .... ~ 'C - C 0 " 2: -ci ~ ~ > " N " '" Oi 'Iii " N N ... "_ of ..; - 0 N 0 '" ,!!! u ~ "- ~ "! ~ ~ ~ ~ ~ <5 ~ ~ u " g 0 .. 'Z; " E Q) I- 'ijj 0 " jij z ':; I~ .. 0 .. - E w .. :;:l " 0 " > cr .. a. v 0 I- Z w U III ...... " ;; .. t> <l: :::l " .. v v '" .. .. .. " 'tl 'tl 'ijj III Q. ,~ '0' " " " III 0 - III III .. 0 " .. a. -' -' Q u .... a. -."'- -~._.." -.- "...,~----- ---~,',~-,'-_.,- ~--,_._"--- Agenda Item No. 16D1 March 14,2006 Page 1 of 12 - EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of the County's Bayview Park at a cost not to exceed $252,700, Project 800601. OBJECTIVE: To acquire property for the expansion of beach and boat access opportunities for the community. CONSIDERA nONS: The Board of County Commissioners approved the Beach Access and Boat Launch Ma,ter Plan in May 2003, which outlined a project to purchase property surrounding Bayview Park. On April ]3. 2004, Agenda Hem 16Dl; the Board authorized staff to utilize real estate incentives to encourage land and homeowners to sell to the County. Staff has negotiated an agreement with Mark C. and Nannette B. Goebel to purchase Lot 40 in Naples Bayview Addition No.1. at 1783 Bay Street for $250,000. This lot contains ,16 of an acre and is shown on the attached drawing. An appraisal provided by an independent appraiser valued the lot at $300,000. The results of a Task 1 Environmental Assessment/Site Audit pcrformed by the County's Pollution Control Departmcnt are favorablc. The attached Agreement has been reviewed and approved by the County Attomey's Office and the Public Services Division. ,--, GROWTH MANAGEMENT: Beach and boat access opportumtIes are encouraged in the Growth Managemcnt Plan, Anticipating the projectcd growth of the County over the next ten to twenty years, this project will help maintain thc level of service that exists today. FISCAL IMPACT: The total cost of acquisition should not exceed $252,700 ($250,000 for the property, $980 for the Environmental AssessmenUSitc Audit, and approximately $ 1,720 for title commitment, title policy, and rccording of relatcd documents). Funds are available in the Bayview Park Parking Projcct (80060) within the Parks Capital Improvements (306) and the Unincorporated Community and Regional Park Impact Fec (346) Funds. RECOMMENDATION: That thc Board of County Commissioners: 1. Approve the attached Agreement for Sale and Purchasc; and 2. Authorize the Chairman to cxecute the Agreement on behalf of the County; and 3. Authorize the preparation of related vouchers and Warrants for payment; and 4. Authorize acquisition of the suhject property following all appropriate closing proccdures, accept the Warranty Decd, and authorize the recording of the Warranty Deed and all necessary documents to obtain clear title to the property; and S. Approve any and all rcquired budget amendmcnts. PREPARED BY ShalTnan Vq.'.Cf. Properly Acquisition Specialist -- Real E:nate Services / Facililies Management Department .. ..,,'~. -~,._-~_."-.._- Agenda item No, 161)1 March 14, 2000 Page20f 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONE'.RS - Item Number; 16D1 Item Summery: R"(;""Tln...ndllli()nrol:lPPnW~llnAgr"'llrlWl1ifllrSillllilf'dPLJfc!iaSl!t(l!H:quil'flll,asidl!l1(,all<lt jn' I!~pllnq;"r' ('It the C<Jun\Yfi BHyview Par~ M II fAlsi not \0 Ilxceed 5252,700, Project. eOQ601 MeetingO.te: 311~i2(J06 \ltJO'OO AM Approved By C"arl",~ E. Carringlon. Jr." Real E5t3~ Snrvm~~ Manag..r D~I(I SRJWA Ariminl"lrativeServicl!A Far.iilllfl~Mana\l.m"nt 2IUi2(}Ot>1Z,45PM Approved By Mari.,R.nm"~y P<iblic S~rv;c..t A(lmlnlM.rntor !)~m P"bl;~ S"rv!~<lft P"hlicS.,rvi<".o\-Admlfl, 2115!2011fl12:HPM Appro~ed By SkipCamp,C,F,M FncililiI>5M~n"g..mI>1l1 D;...cIDr [lal~ A<lm'niMrative~rvir."a Facinli~"'M"na\'lem""1 212<'120069;51 AM App~oved By T,,,,iPo,,MoU R,,~I pn>p"rty S"Il"fY'!1-111 "'" Admlr'ti8Irativ~S"fV;ca8 Faclliti,,~ M..n~9,,"'''nl 2i28!Z006S'54AM Approved By OMS Coordi"~t,,r Admin;6trativ"Aui6t~nl Dale Ct>unty Man"9.....~ Oifi~-" Ofl,cI!IlIManage",,,Ill&BL'dlll>! lfti2QQO1l,24AM Approved By ~h,~ar' Uul"" Soni'" Ma"~9"monli!."'''19''1 A"~!Ybt Ont~ CllvntyM''''''9",'aOf[;"" otfk:"nrt1/U.n"\'lN",,,,1& Bl.ld9,,1 3i7!Z(l(l(;2:2l>PM Approved By Mir.hal!! S",vkow~k; M3ME"",,,nt&U,,clgetDi,,,cu,r ". C""ntyMa",,\)er'!1-01lice Oflle,'nfMa""llomonl/i.Ehl"ll"t 317120l,l5S,39PM .- Approved By JamMV,Mud<l CounlyAAana\l'" Date BOMdofC"unly C"mm;os,,,ner5 C",ulllyM,,,,a\t"'"b()fI\co 3/7i21111e1,UPM --, -- -. .- .....-....---.- Agenda Item No, 1 01 AGREEMENT FOR SALE AND PURCHASE March 14,2 06 Page 3 0 12 THIS AGREEMENT is made and entered Into by and between MARK C. GOEBEL AND NANNETTE B. GOEBEL, husband and wife as Tenants by the Entirety, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: Lot 40, Naples Bayvlew Addition No, 1, according to the map or plat thereof as recorded in Plat Book 4, Page 20, Public Records of Collier County, Florida. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. II. PAYMENT OF PURCHASE PRICE 2,01 The purchase price (the "Purchase Price") for the Property shall be Two Hundred Fifty Thousand and no/l00 Dollars ($250,000.00), (U.S, Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not later than March 17, 2006, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Coilier County Attorney's Office, Administration Buiiding, 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 I the items specified herein and the following documents and instruments duly , executed and acknowledged, in recordable form: I 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 Intemal Revenue Code and as required Agenda Item No. 1 D1 by the tille insurance underwriter in order to insure the "gap" and issue March 14, 2 06 the policy contemplated by the tille insurance commitment. Page 4 0 12 _. 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 Tille 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 atter the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL T A Form B- t 970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 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 ~.,,, .- -.- .-.~._--_. Agenda Item No. 1 D1 terminate the Agreement. A failure by Purchaser to give such written notice of March 14, 2 06 termination within the time period provided herein shall be deemed an election Page 5 0 12 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, Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD DELETED. VI. INSPECTION PERIOD 6.01 Purchaser shall have thirty (30) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soiltesls and engineering studies indicate that the Property can be developed without any abnormal de mucking, 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. 6.02 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 applicabie 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 VI 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. 6.03 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 indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry, Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8,01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 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, Agenda Item No. 1 D1 made against Seller as a result of Purchasers entry. Seller shall be notified by March 14, 2 06 Purchaser no less than twenty four (24) hours prior to said inspection of the Page 6 0 12 - Property. VII. INSPECTION I 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have i the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 1 I 8,01 Purchaser shall be entitled to full possession of the Property at Closing, I IX. PRORATIONS 9,01 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. X, TERMINATION AND REMEDIES 10.01 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. 10.02 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 $1,000.00 shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (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. 10,03 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. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11,011 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. 11.012 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. -.. _._-~.,-- - "..,- ---.-.- Agenda Item No. 16D1 At Closing, certified copies of such approvals shall be delivered to Purchaser March 14, 2006 and/or Seller, if necessary. Page 7 of 12 11,013 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. 11,014 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. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11,016 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. 11,017 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 no knowledge that any pollutants are or have been discharged from the Property, direcUy 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 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. 11.018 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 lias 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. 11.019 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. 11.020 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 ..------ Agenda Item No. 16D1 investigations or requirements, formal or informal, existing or pending or March 14, 2006 threatened which affects the Property or which adversely affects Selle~s ability Page 8 of 12 - 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. 11.021 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. Seiler 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 deveiopment of the property which may restrict or change any other condition of the Property, 11.022 At the Ciosing, 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. 11.023 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. 11.024 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. - --_._~- _,__'w -.---.,- -..-.-.- -- -.._---- Agenda Item No.1 D1 March 14, 2 06 XII. NOTICES Page 9 0 12 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Estate Services clo Sharman Veger Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Fax: (239) 774-8876 Phone: (239) 774-8991 With a copy to: Ellen Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Mark & Nannette Goebel 493 E. Illinois Rd. lake Forest, Il 60045 Fax: (847) 574-5832 Phone: (847) 615-9614 12.02 The addressees and addresses 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, XIII. REAL ESTATE BROKERS I 13.01 Any and all brokerage commissions or fees shall be the sole responsibility I 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, XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties, 14.02 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, personai representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14,03 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. --. -----. Agenda Item No. 1 D1 14.04 Captions and section headings contained in this Agreement are for March 14, 2 06 convenience and reference only; in no way do they define, describe, extend or Page 100 12 - limit the scope or Intent of this Agreement or any provisions hereof. 14.05 AIi terms and words used in this Agreement, regardless of the number and gender in which used, shali be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shali 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 shali be applicable only to the specific instance to which it is related and shali not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14,07 If any date specified in this Agreement falis on a Saturday, Sunday or iegal holiday, then the date to which such reference is made shali be extended to the next succeeding business day. 14.08 Selier is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Selier holds the Property In the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shali 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.) -- 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 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 shali be of any force or effect unless made in writing and executed and dated by both Purchaser and Selier. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA - BY: , Deputy Clerk Frank Halas, Chairman ----..-.-.----.- ----- -~- - --------.- ---- --_._~-'--- ._-.~- .---- - Agenda Item No. 1 D1 March 14,2 06 Page 11 0 12 - AS TO SELLER: DATED: d -a4-0(~ BY: (Printed Name) 4"""-.:7...- ~.1 ~ : .~ (Signature) Celeste Skinner (Printed Name) BY:~~ ~ Na nette B. Goebel lJ.~T~J 4 ........~"-L (Signature) Celeste Skinner -". (Printed Name) Approved as to form and legal sufficiency: kl;~ --'Ellen Chadwell Assistant County Attorney .- ---- -_._~.,. -- --- -~-_..- ~~~._--- Agenda Item No. 16D1 March 14, 2006 Page 12 of 12 ..- - I Goebel Lot .16 ~~-;:-es.~-1 II County Owned Lots, I .~- ~-_.__..- -.-.. -......- ---. --_.._~-- -~.,--- Agenda Item No, 16D2 March 14, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize additional revenue and approve a budget amendment for an additional $19,592 authorized by the State Aid to Library Program for Collier County Public Library. OBJECTIVE: To recognize and approve a budget amendment for an additional $19,592 that the Collier County Public Library System is authorized to receive in State Aid for FY 2006. CONSIDERATIONS: The Board approved submission of the Application for State Aid on Septembcr 13, 2005, (Item number 1603) Florida Statutes stipulate the manner in which these funds may be expended. State Aid to Libraries is, by legislative intent, provided to improve library services within the State and is to supplement, rather than replace, local efforts towards that end, The Collier County Public Library has qualified for State Aid to Libraries since the program inception in 1964, State Aid was included as anticipated revenue ($375,000) in the FY 2006 Collier County Library Grant Fund Budget. The actual amount of State Aid received depends on the number of Florida counties qualifying, the amount of funds appropriated by the Florida Legislature, and the amount of local support provided to '-" Collier County Public Library. This program was funded by the Legislature at a level that will provide $394,592 to Collier County in FY2006, which is $19,592 higher than anticipated in the FY2006 Budget. As local government support for the Library increases, so does the amount returned to Collier County in State Aid to Libraries. These funds can be used for any Library expense except fixed capital purchases such as construction expenses for a new library, and cannot replace local funds. Library staff is recommending that funds be used to purchase electronic databases for the Library. FISCAL IMPACT: The Library Grant Fund (129) Budget for FY 2006 will increase from $375,000 to $394,592. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends Board approval of the attached budget amendment that recognizes this additional State Aid. Prepared by Kathleen Teaze, Assistant Library Director. ...-.. --_. .-... ."-~.__.,--_._,--"....,. """'"'~".<"""'-'-"- ....-.--.. Agenda item No. ",6D2 March 14, 2006 Page2cl2 COLLIER COUNTY BO....RO OF COUNT'" COMMISSIONERS ,,-, Item Number. 1602 Item$ummilry: Ra~,QrIllTlafldatiOn!OI"'coyni7elldditi()nallaViJrlUeil[ldilPPl()Va<lbudgetamendmen'krall addiloOllill ~19.59:), a"I~1\lci7ed by the Stat.. AIOto Lilmuy P",~rdm tm COllier Cmmly Public L'brary MeeUngOate: 3;14!~()069Q{HJOAM Pr~pared By Kathl"ellTena A~~i"tant Oirecl"" Date P"ulicS<lrvi<;u LIbrary 2f17f201:l51:20,lUPM ApprondBy Ma;Jly"Matlh<,$ Lib,aryA-s<liSl<ilntOireclor Oat.. P"bhcSery;c.." Library 2i1712(1(162:00PM Approved By KalhyCarpen(llr E~eclltlll<l Sec,eta,y Dale PublicSerllilOes PlIl>l,cServic"sAcim'll 2:2,312,006 B:l0 AM Approved8y M~rl8Ram!llty PUblicSi'lllor",.",I"""i"l"'l'" Oale Publi" S"r~;".... Pl.lblk S"rv,,,es Adm;n. Z/28120(l(i4,19 PM Appro\'edBy QMBCoO'dinoto, Admini$ltaU~" A.~;sl"nt "" County Manlipet'sO'ffice om<;e ofMM>l<gemellt & Budgel ?J1120C6C,2SAM Approved By Mi"ha~1 5my~"w~ki Ma""9",,,,,,nl&€;,,dg"IOi,ecl'" O~te C"lmly M""ager'$ Off'~,e Offlc""fManag"",e"l& S"'ig<>t 311i2GOlifdlPM Approved By ,-,>ol:,O<;l's,J, PopuLy County M,u'"9''' [lOlj" Bnar,i<>fC"unty Comml$"iono'~ COl.lnty Meneg"'s Qffice 312.i200G3;2,/PM "- - -- -_.~ --....--. .-----.....-. --.-. -....-.- Agenda Item No. 16D3 March 14,2006 Page 1 of 15 -- EXECUTIVE SUMMARY Recommendation to approve the submittal of a grant application to the Florida Department of State, Division of Library and Information Services for $9,980 for "Assistive Equipment for Vision & Hearing Impaired Patrons," OBJECTIVE: To receive approval from the Board of County Commissioners to submit an application for an LSTA Grant from the Division of Library and Information Services to fund the purchase and instanation of assistive devices at our Library facilities for our patrons' use. CONSIDERATIONS: If awarded this grant, Conier County Public Library wi1\ select, purchase & install assistive devices and equipment in its Library locations to improve the level of library service provided to its physically challenged patrons. The equipment wi1\ include Loop Hearing Systems for three of the Library System's meeting rooms, and Pocket-Talkers and a variety of Vision Magnifiers for our Librmy locations. The Library win train staff and patrons in the use of these devices; and promote these new services to the public. ~ The grant request is for $9,980.00. There are no matching funds required. Grant money awarded wi1\ fund the purchase and instanation of the equipment. The end date for the grant will be September 30,2007. This project will help the Library meet ADA guidelines for meeting room space. This project also fits wen into the Library's mission to offer life-long learning opportunities to its patrons, and equity of access to all Library pro grams. FISCAL IMPACT: Grant amount requested is $9,980.00; the total cost of the project. There are no matching funds required. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: Request that the BCC authorize the Library Director to sign the grant application, and authorize staff to execute necessary related documents, including to authorize reasonable time extensions if appropriate, but not to increase the County's obligations. -- PREPARED BY: Marilyn D. Norris DATE: 2/18/2006 Library Extension Services Manager ...""0_'_.__'.,...., ,_..""..."-, , .,.."".""'_._..~,--- Agenda Item No. 16D3 March 14, 2006 Page 2 of 15 - _. .---- - -"~- . "......_._.---~,-.--_. .~._- .- -_..__._~ --.,.-.---- Agenda Item No. 16D3 March 14,2006 Page 3 of 15 _. .~._, SUBMITTED BY: Date: REVIEWED BY: Date: APPROVED BY: Date: _. --..-, '~-_._.-"._.~_.-. ---'-'-'._-.- Agenda Item No, ,6D3 March 14,2006 Page 4 0115 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -- Item Number: 1603 IlemSummary: ReCllf'!\lnlln<Jaticl1'" apprl>V"""e guom'lt"lot"granlapplicali nn lolhe Flnrida D<;pa'lm.1I\1 of Stal,,", Di~i5jCl" of LibrRf)' and Inlmma\i,ln S"rvic&s tDr $9960 lor .A.';.sj,,\i~e Equipment lor Vi"iofl & Hcorin~llmpai'6d Pe(fOf'l$" MeellngDate: 3i1412fJIJfi 9 DO:OO AM Prepared By MarilynNofri~ Ulnar)' Extens,,,n SefV;C"~ M~''''flef Date Pulllic SGr~ic.... LibraI)' 2i22J2(111V9:42;1~ AM Approved By Marilyn ~Ott;" L1braryE~I.tns;on SM~ieesMana..er Oat" Punl,eSe,vkes L1brar)' 2fZ2i21l06ll,43AM Approved By M"'ilynMallhM Ut>rary Aui$l"nt Oi,ect<>r Dale PulllkSe'vlees Library 2i23!20Q61"nAM Approved By Th"",.~sl'a!mm I\",,'sj~m C"unty AlW'''''V D~le Co"ntyAtto","y County Attomey Office li23J2110612:S7PM Approved By K"lhy C~rfWm<>, Ex~<ulive S<>erela'y Oil'" P"blic 5~rvic..~ Public SefVice~ Adnli" 2/27i20064,211PM Appr{lvedBl' LenGa,rl""Priee Admlnj~I.r"hY" 5e,vi~~f. A.cimIIlIMralo' Dale Admini5lrativeS,,'vi<:"s Ad!l1;n;~lralh", S",yiCf\~ /,d,,,in 3i1!20n~; 3:32 PM Approved By Marl"RM'"'I~ Public t'er";e\!~ Ad'TI''''''lnllot I)~t,~ PuhlkS<lrvi".... P"blh:5cr";c"~ Admin 312JlllD610:58AM Approved By OMBCox>'d,nalo, II.d",;nis!rahv" ""sigl"nt D~t<l Co""t" Man"9""'s Office Ollie\! 01 MM1"!,1cmt'm &. a"dgel JfZr201161,31PM Approv~d By M,Cl1a\!IS,nyKow5Ki M~nagcn\eflt & B~';!,1el Di'eelor Dal2 C"Ul1ly M~'''Lg(,,'~ OHiee Office 01 Ma"'''lwment & Budg"l 3i2:20051AZPM Approved By l""E.Or.hs.J! O"pulyC"unty MMag'" Dille B.,~,ti "I C",unty C"",miusia""r~ C","'lvMa""!le""Qffic.. 3t21211063:29f'M - -..- --..- -'-"--- .~.~--- Agenda Item No. 1603 March 14, 2006 Florida Department of State, Division of Library and Information Services Page 5 of 15 I.JSTA APPLICATION Application Due: March 15,2006 LIBRARY 1 ORGANIZA TION NAME Collier County Public Librarv MAILING ADDRESS 2385 Oranl!e Blossom Drive PHONE #239-593-351 I SUN COM # FAX # 239-254-8167 COl'iTACT PERSON Marilvn Norris E-MAIL ADDRESS mnorrisiwcollier-Iib.orl! FEID OR SAMAS AND EO #59-6000558 CONTRACTING AGENCY l'iAME Board of Count v Commissioners, Collier County. Florida TYPE (check one): X Public K-12 Academic M ultitype Library Consortium Special State Library CATEGORY (check one) X Access fOI' Persons Having Difficulty Using Libraries Library Technology Connectivity and Services PROJECT NAME Assistive Eauipment for Vision & Hearinl! Impaired Patrons PROJECT X New Continuing If continuing, specify year: LSTA FUNDS REQUESTED $ $9,980.00 PRIORITY# 10Fl APPLICATIONS SUBMITTED LIBRARY SERVICE AREA POPULATION 350.000 NUMBER OF PERSONS TO BE SERVED BY PROJECT 33,1 I 5 TARGETED USER GROUP (Check all that applv) X Children X Youth X Adults X Older Adults Mixed Other, specify By: Sil!nature Marilvn Matthes. Director CCPL Date 3/14/2006 As approved and authorized by the Collier Count)' Bee at their meeting on 3/]4/2006 Typed l'iame and Signature of Library 1 Organization Director Agenda Item No. 16D3 March 14,2006 Page 6 of 15 - A.ssistive Eauipment for Vision & Hearina Impaired Patrons INTRODUCTION The Collier County Public Library System is located in Collier County, Florida. It is part of the Southwest Florida Library Network, one of the regional consortia of multi-type libraries and information specialists in the State of Florida, serving the counties of Charlotte, Collier, DeSoto, Glades, Hendry, Lee, as well as portions of Monroe. Library service in Collier County began in about 1957. The Naples Women's Club provided a space for a small, volunteer-run lending library. A bookmobile started operation from this location, visiting communities in Collier County 2 or 3 times per month. A private land donation and volunteer fund-raising resulted in the Central Avenue Library construction in 1966. Since then, the Library has grown! The Collier County Library System is currently composed of two regional libraries - Headquarters and Naples, and seven branch libraries - Immokalee, Vanderbilt Beach, Golden Gate Estates, Golden Gate City, East Naples, Marco Island, and Everglades City. These libraries serve a diverse population in equally diverse geographic areas; from the rural migrant workers in Immokalee, to the retired CEO's in Naples, to the stone crabbers of Everglades City. CCPL is currently in the planning and design phase of construction for its 10th facility - the South Regional Library, which should be opening in 2008. CCPL has 112 fulltime equivalent positions, with approximately 90 fulltime and 44 part-time - employees. The library system also is fortunate to have a dedicated corps of over 2,000 volunteers who provided over 20,000 hours of service last year - most of which occurred in the winter months. In FY2005 CCPL circulated 2,858,545 items, and 1,450,410 patrons passed through our doors. Current estimates of the population of Collier County place it at 350,000, and that figure is boosted by a large seasonal influx of retirees, CCPL has 170,945 registered borrowers. 79% of this number is adult, and 21 % are under the age of 18. These library numbers closely mirror the 2000 Census figures for this county; with 20% under the age of 18. The Census also shows that 49% of the population of the county is 45 years of age or older. Collier County has a seasonal influx of residents and visitors which affect all aspects of county government, including the Library. For FY2005 we issued over 6,800 non-resident library cards, and these cards may be used by more than one member of a family. Collier County Public Library is a Department within the Public Services Division of Collier County Government. The Board of County Commissioners is composed of five members elected to represent the five voting districts in Collier County. These Commissioners also appoint a Library Advisory Board member to represent each of their districts in Library related matters. The Library system's budget for FY2006 is over 6.8 million dollars. The Library has worked hard over the years to supplement its budget by successfully applying for a variety of grants from a variety of sources. We have used grant money from local foundations for early literacy programs in our branches and with our local schools. We have received small grants for book collections and for - literature program series. We have used LSTA grant money for establishing computer training and access for residents in low income housing and assisted living facilities. We have been fortunate to have been awarded LSCA grants for assistance in the construction of many of our library facilities. ---,. ,..-..- .-~,.~, -- -'"~'----"'-"""- ,- Agenda Item No. 16D3 March 14, 2006 INTRODUCTION cant. Page 7 of 15 The Mission Statement of the Collier County Public Library System is as follows: Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Collier County Public Library will provide courteous, knowledgeable and effective customer service in meeting the informational, educational, recreational and cultural needs of the residents of Collier County. Using the Public Library Development Program 'Planning & Role Setting for Public Libraries' the Library has identified three major service roles that it plays in the community. They have been, however, modified to fit the needs of local residents. These roles are: Popular Materials Library For many people, reading is an important recreational activity. The Public Library must feature a wide selection of current, high demand, high interest materials in a variety of formats for users of all ages. The Library must also actively promote and encourage the use of these resources. Children's Door to Learning and Reading Enjoyment The Library encourages young children to develop an interest in reading and learning through our children's services departments, providing programs, materials and activities for parents, children, and child-care providers. General Information Center, including Reference, Information and Referral, and Literacy The Library actively provides timely, accurate, and useful information for community residents in their pursuit of job-related and personal interests. Programs include regular reference desk service, telephone and e-mail reference, an I & R program, and literacy programs. The Collier County Public Library has for years placed a high importance on the spoken word and performance as mediums to fulfill its informational, educational, recreational and cultural mission. In FY2005 the library held 3141 children's programs and 5953 adult programs system-wide. Total attendance for these programs was 226,354. There is great patron interest in library programming in Collier County! Collier County Public Library is fortunate to receive a great deal of financial support from the Friends of the Library of Collier County, Inc. The FOL traditionally budget over $23,000 per year to pay for performers who bring high quality, popular adult and children's programs to all of our library locations. The Library System currently has large meeting room space in five of our nine locations. A new 4,000 square foot meeting room will be added to the Marco Library this year; meeting room space is part of the expansion plans for the Golden Gate City Branch; and a 250 seat auditorium is planned for the South Regional Library to be opened in 2008. Besides library programming, these spaces are also available for public meetings of groups such as Naples EAR, and the Collier County Association of the Blind. Agenda Item No. 16D3 March 14, 2006 This grant proposal will enable our vision and hearing impaired residents to enjoy the typ~S'eNl6e - and programs offered everyday to the rest of our patrons. It fits in well with our mission to offer life- long learning opportunities and equity of access to our programs. LST A OUTCOMES PLAN Project Name Assistive Equipment for Vision & Hearing Impaired Patrons Library Collier Co. Public Library Project Summary / Program Purpose: CCPL will select, purchase & install assistive devices and equipment in its library locations to improve the level of library service provided to its physically challenged patrons. The Library will train staff and patrons in the use of these devices; and promote these new services to the public. EVA] INPUTS ACTIVITIES OUTPUTS OUTCOMES INDICATORS $9,970 Grant money Select, purchase and # people served Persons having # & % of targeted install 3 Loop difficulties using users demonstrating 9 Lihrary locations & systems, and 2 # programs library services use increased ability to associated staff Pocket-talkers library services & access and use services # of times devices information that were 3 meeting rooms Select & purchase 1 used not previously magnifier kit, 7 hand- available - Posterlbroehure held magnifiers, & 2 # of resources production supplies portable video available and equipment for magnifiers 5,000 items # of staff trained Train staff in use of 10% of time of 1 FT assistive devices & in # of promotions of Library Outreach working with target service Specialist audience coordinating program Create & hold Program Promotion programs to promote by Library Public awareness and use of I nformation Officer new devices for target audiences Grant Management by Extension Services Promote devices and Manager their use, for all library programs to explain library's assistive devices - -------"._~._~_.._------ ._-~-- .. ,-.-.-- -^.....- ----~- Agenda Item No. 16D3 March 14. 2006 Page 9 of 15 NEED According to the Florida Association of Agencies Serving the Blind, in December of 2001 there were 9,320 residents of Collier County who were legally blind or beginning to experience difficulty seeing. According to the estimates of the Florida Telecommunications Relay, Inc. department of Outreach- Statewide Support, the prevalence of hearing impairment in the year 2003 in Collier County was 23,795 residents. Some of the patrons of our Library system who are hard of hearing or are just beginning to experience vision loss often are emotionally unprepared to accept this challenge and will not openly request the special aids and equipment they need to access information or programs. Any overt reference to their disability is threatening and they deny themselves rather than suffer the embarrassment of a public request. For this reason the requests we receive represent a small percentage of the total need on the part of our patron base and are not fully representative of the numbers of patrons who actually would benefit from the installation of adaptive equipment in our Libraries. If the assistance and equipment challenged patrons need is readily available and they are not forced to make a public request for special services because there are clear signs which guide patrons in the use of these aides on an as needed individual basis, our Library system would be better able to provide the access which is mandated by the ADA. In addition, demographic data indicate that a significant number of individuals with vision loss are elderly and frequently experience multiple disabling conditions and that this number is growing rapidly. Also, there are a growing number of children with vision loss who also have additional disabilities. (Some of the patrons who request access to reference services and programs in our Libraries are middle school, high school and college age students.) The Collier County Association for the Blind, the Naples Ear and the Collier County Public Library Outreach Services regularly receive inquiries by phone, bye-mail and in person from new residents and seasonal residents and visitors to our community (in addition to year round residents) who are visually challenged or hard of hearing and are seeking the special services they require for access to information and to programs and services and to social and cultural events in Collier County. A reoccurring request is for low vision aids equipment for access to Library information services and for access for the hard of hearing to programs and cultural events. The ADA, Communications Accommodations Project pamphlet states: "There is a tremendous variability in how persons who are blind, deaf-blind, or visually impaired respond to their vision loss. This variability depends on how different eye conditions influence the affected person's vision, together with such factors as the length of time the person has experienced vision loss, intelligence, illness, the concomitant effect of multiple disabilities, or emotional stability. Some individuals who are visually impaired can see primarily in the periphery of their visual field, as if the center of their vision were blocked. Others can see only in the central portion of their visual field, as if looking through a tunnel. Still others see somewhat in all sectors of their visual field, but what they see is distorted or blurred in some way. This variability obviously has implications for how the person in question uses his or her remaining vision." Agenda Item No. 16D3 March 14, 2006 The regulations for the ADA provide a comprehensive list of auxiliary aids and services,Flnllllutll~1l1i1e -following for individuals who are deaf, deaf-blind, or hard of hearing: qualified interpreters, notetakers, .:omputer-aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aides, closed caption decoders, open and closed captioning telecommunication devices for deaf persons ("tdd"), video text displays, or other effective means of making aurally delivered materials available to individuals with hearing impairments. Many people who are visually impaired use hand-held magnifiers or more sophisticated visual aids, such as stationary or portable closed circuit-television magnification systems for reading printed material, bioptic lenses, or telescopes. The Collier County Public Library System currently has desktop video magnifiers available for public use at each of its branches. There are no hand-held stationary magnifiers available in our libraries. With funds from the grant, Schweizer 3x hand held stationary magnifiers would be made available at each of the branches of our Library system for the use of visually impaired patrons. A Schweizer, kit with a variety of hand held magnifiers at different magnifications, would be available at the Outreach Services office and the Naples Branch to accommodate patrons who either have more or less pronounced vision loss and need magnifiers of a greater magnification and or need portability and flexibility of use to search our collection or the internet. The Library system has no portable magnifiers. Amigo portable magnifier readers, which can operate on a charged battery and or in a stationary position to magnify the act of writing in long hand or as a portable reader, could be set up at the Reference area of the two main branches of our Library ,- system. Visually challenged patrons could then be able to use them at the Reference desk for Nriting, or would be able to check them out to use anywhere in our branch as a portable magnifier reader of the collection or in searching for periodicals or in the genealogy collection. Our Library system has no assistive devices available for impaired patrons who use our library materials, or who would like to attend our many programs. Three loop systems would provide access to three of our largest meeting rooms for patrons who are hard of hearing. The five neck loops would provide access to the loop systems for those attending programs in these three rooms that do not have a T-coil in their hearing aids. We often have hearing impaired patrons who need staff to speak very loudly. This can pose quite a distraction to other patrons and staff. We currently have no pocket talkers available at our libraries. The advantage of the pocket talkers is their ability to block out peripheral and ambient noise and to enhance direct conversation and thereby communication. Having these devices would facilitate hard of hearing patrons in accessing the reference services and the information and referral services. The three pocket talkers would be available at Reference services at the two main branches and at the Golden Gate Branch at the Circuiation desk for the use of hard of hearing patrons. Our Reference Librarians and our Outreach Specialist at the Naples Branch downtown consistently receive direct requests for information and referral, and access to scheduled programs, from those patrons who have low vision or are hard of hearing. The assistive devices and equipment would facilitate communication between patrons with these disabilities and reference staff and the information and referral services our reference Librarians provide and allow the hard of hearing .-. patrons to enjoy the special programs we offer to the public held in our large meeting rooms. The Collier County Public Library Mission Statement and the Public Library Development "Planning & Role Setting for Public Libraries" plan, referenced in the Introduction section, establish guidelines for services for the residents of Collier County which should include those residents with special ~---- --,. --..- --------." --.- ---~'--,--- Agenda Item No. 16D3 March 14, 2006 challenges. The visually impaired and the hearing impaired members of our communityFt<la'lE'l1 at 15 informational, educational, recreational and cultural needs and deserve access to Reference materials and Information and Referral services when accessing our Library system. INPUTS The grant money received will be used to purchase and install assistive devices and equipment for the visually and hearing impaired. We have meeting rooms at our HQ, Naples, and Marco Island libraries that receive heavy use by patrons with vision and hearing loss. We will purchase/install Hearing Loop Systems and Pocket talkers for these three facilities. We will educate branch staff and staff associated with programs in loop system use, and in working with visual and hearing impaired patrons. We will also purchase hand-held magnifiers for all of our locations and train our customer service staff to understand and promote their use. Cut sheets for the devices and equipment we intend to purchase are included with this application. Our Library Outreach Specialist, who oversees our outreach programs to seniors, will plan and coordinate the activities associated with this grant. The Library Public Information Officer will spend time promoting the use of the Library's Assistive Equipment to the community - both in print and in the other media. The Extension Services Manager will manage the grant through the various requirements of County Government and the State Library. ACTIVITIES 1st Quarter: . Meet with Public Information Officer to issue "Good News" bulletin to County Commissioners, community, and Library staff. . Consult with vision and hearing loss professionals to evaluate and fine-tune the scope of the project. . Consult with State & County approved vendors and installers of assistive equipment . Select and purchase magnifiers and loop equipment. . Communicate with County Facilities Maintenance and the Library Buildings Coordinator re the installation of the loop systems. . Have all equipment purchased, delivered, and installed. 2nd Quarter: . Create and plan introductory training for staff in the use of the equipment and devices. . Create and print easy-to-follow directions for using the magnifiers and loop systems. . Meet with Branch Managers to arrange for training classes for their staff . Train Branch staff in use of Assistive Devices and in answering any questions that patrons may have regarding the equipment. Agenda Item No. 1603 March 14, 2006 . Develop and produce signage for Branches that will announce the availability of ~assiS!ive - devices. . Use the Library Web page to describe and promote the availability of all assistive devices including magnifiers and loop systems. . Create training classes for the public to introduce them to assistive devices available at the library. . Prepare and submit Mid-Year Report by 4/1/2007. 3rd Quarter: . Offer classes at the library for the public to become familiar with the assistive devices. . Promote the availability of assistive devices at the library with residents of independent and assisted living facilities. . Promote the availability of these devices during County Government Days, and during Senior Expo. . Attend the meetings of special interest local groups such as Naples EAR, and the Collier County Association of the Blind to educate members about accessibility at the Library. . Prior to all regular library programming, announce the availability of the Loop Systems at the 3 Library locations. - Prepare and put out a press release announcing the availability of assistive devices in our . libraries. Create a similar announcement for the County Cable TV channel. . Encourage local media to highlight the change in accessibility to services at the library. . Announce the availability of the loop systems in our adult and children winter/spring brochure. 4th Quarter: . Evaluate the quality and use of the equipment, and the way we promote it. . Announce the availability of the loop systems in our adult and children summer brochure; make it a regular feature of these brochures. . Highlight the availability of the Library's assistive devices at our public speaking engagements in the community. . Evaluate the need to install loop systems in other library meeting room space - consider sources of funding including continuing the grant project. . Prepare and submit Annual Report by 11/1/2007. Include checks for "Unexpended LSTA Funds To Be Refunded" and "Total Interest Earned During the Project." .~ ~."~.~.-..__...,,-~ ,--" --.-,...- ------ ----- -... ---"-'-"--- Agenda Item No. 16D3 March 14, 2006 Page 13 of 15 Library Name Collier County Public Librarv Project Name Assistive Eauioment for Vision & Hearina Impaired Patrons BUDGET (Round all amounts to the nearest dollar. Add additional iines if needed to include all information in a section.) LSTA LOCAL/STATE MATCH SALARIES & BENEFITS (Position Title) F.T.E. (All salaries to be paid from federal or iocai sources) $ $ $ $ $ $ $ $ $ $ TOTAL SALARIES .""""""""""""""""",,"""" $ $ CONTRACTUAL SERVICES (List each vendor) Installation for 3 Loop Hearina Systems $ 1,620 $ bv dB Sound Systems $ $ $ $ TOTAL CONTRACTUAL SERVICES ."" ........... $ 1620 $ LIBRARY MATERIALS (Include types of materials to be purchased) $ $ $ $ $ $ $ $ TOTAL LIBRARY MATERIALS """"."""" ,,"" $ - $ SUPPLIES (Specify) $ - $ $ $ $ $ $ $ TOTAL SUPPLIES...."...... ....."" .,............."....'" $ $ TRAVEL".................................................... ... $ $ EQUIPMENT (Equipment and furniture with a useful life of at ieast one year and a unit cost of $1 ,000 or more) 3 Loop Hearina Systems (1i)$900. ea. Includina 5 neck loops (1i)$100. ea. $ 3,200 $ 1 Maanifier Kit $ 445 $ Agenda Item No. 16D3 March 14,2006 7 Handheld 3x Maonifiers@$145 ea. $ 1,015 $ Page 14 of 15 - 'l Pocket Talkers @$100 ea. $ 300 $ - ~ Amioo Portable Video Maonifiers $ 3,400 $ - TOTAL EQUIPMENT.. ........ .. ......... ....... $ 8360 $ OTHER (Specify) $ $ $ $ - TOTAL OTHER................................... $ $ TOTAL.......................................................... . $ 9.980 - + $ - = $9 980 - BUDGET NARRATIVE The total focus of this grant request is to fund the purchase of assistive equipment and the associated cost of equipment installation. The Library system is committed to providing the staff time needed to properly promote the assistive equipment and devices purchased through the grant. The Library will also showcase the existing library equipment such as desktop video magnifiers, and programs that support its ongoing commitment to equity of access. The Library has its own community outreach program, and its own public information specialist, who will incorporate the availability of these devices in their public communications. The Library will contribute paper and printing supplies, and the artistic skills of its staff in the creation of sign age, fliers and brochures associated with this -- orogram. The Library will also fund all staff travel expenses associated with the installation, training, lnd promotion of these assistive tools and their availability for community use. ---, _. '__n ~~--,_.._-',--".. _.-~,-- --._-~.,. ....-- Agenda Item No. 16D3 March 14, 2006 Page 15 of 15 .- ...-..." - --" . --._~-, .'C'~~"_"__ "-'-- """-~-'"'~'.'.--~.~- Agenda Item No. 16D4 March 14, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park Obiective: To maximize the public's opportunities to use County boating facilities while assuring that parks are good neighbors. Considerations: With the ever shrinking number of boat launch facilities open to the public in the County, staff has begun to review ways to maximize the boating public's opportunities to access open water. The current hours of operation at Caxambas Park are 7 am to 6 pm. Over the years, the Parks and Recreation Department has received many requests to extend these hours to allow for use of the facility after typical workday hours. Additionally, on several occasions City of Marco Police and County Sheriffs personnel have been called upon to unlock the park gates to let boaters who returned after hours out of the facility. Staff proposed changing the hours of operation at Caxambas Park to 7 am to sunset to the Parks and Recreation Advisory Board (P ARAB) at its January 18, 2006 meeting. P ARAB entertained considerable public comment, and then moved to recommend approval of the .- change. PARAB also directed staff to return with a noise abatement policy for Caxambas Park to address neighbors' concerns. This policy and a landscape buffer plan were presented to and recommended for approval by P ARAB at its February 15, 2006 meeting. The noise abatement measures proposed are as follows: prohibition of out of water starting or running of engines for boats and/or jet skis; prohibition of engine flushing; limitation of delivery hours to after 8 am and before 4:30 pm each day; relocation of the garbage dumpster limitation of hours of visits by excursion vehicles such as trolleys to after 8 am and before 4:30 pm each day; and installation of a landscape buffer along the property line of the park. Fiscal Imoact: Staff estimates that the additional hours of operation will realize approximately $4500 annually in additional revenue for the facility. One additional part- time seasonal employee will be required to staff the park during the extended hours. Wages in the amount of $1 0,520 are available due to currently vacant positions within the Beach and Water Operations budget. Relocation of the dumpster and execution of the landscaping plan are estimated at $20,000. Staff has prepared a budget amendment to fund this project from reserves. Growth Manaaement Imoact: This action is consistent with Recreation and Open Space Element Policy 1.3.2: Continue to ensure that access to beaches, shores and waterways remains available to the public. --- '''~'..a.' ,. " -,..- .--,-------.- Agenda Item No. 16D4 March 14, 2006 Page 2 of 7 Recommendation: That the Board of County Commissioners approves the proposed extended hours of operation and noise abatement policy for Caxambas Park and approves any necessary budget amendments. Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department Agenda Item No, 16D4 March 14. 2C-:)6 f'ilge3ol7 COLLIER COUNTY flOARD OF COUNfV COMMISSIONER!> '-" Item Number; 1604 ItamSummary; fler~()mm/;ndatio!l t" IlI'pnlV" 'lxtendfld hours \'i (lps,~!I()n ~nd a F10'$.. llb~iernanl pnlicy 1m Caxamba"P"r~ M..UngOale: :<114i20(}6<}:OOOO"'.M Approved By K~th~ CarpOF'lor E'll<:ul,vo S"~'&larv {)'~I() P"blicS"rvic.." P"blk5ltr\lic~"Admin 311i200B12,Ol..M Approved By MnlnRnmsuy PUlJfjc5..,vicu~A,:JEni"''''lm(''r Onte P"blk s..rvit:~~ Pllbli~ 5..rv;co~ A,<lm,,, 311IZ00(;6'OSPM Approved By OMBC"ordl"ato' Adm''';etr<>tiv~A''s(''!a"t Pal" County Ma'''tgN'sOffit:e Offlt:a of MM1!Ig<lm'ml &. BUdS"! 3i2120(l61'31PM Approved By Michnl Smy""wsk, Managemenl&BlIdgelOi'l;CI'" Dele Counly Ma"~ger'sOffjC<' Office (>fMaflag'!n"H't & Budllet 3i,,1211064;37PM Approved By Ll;CE.Ocbs,j, Oel>ulyCOll"tyM~Mg'" Dare BoarnclCouF1ty JiGi2(1(l63;MPM Cmnm;ss"..",,,, CC<<"lyMa"..ger'sOfti"" -- ,,-. --" ~,~- -'"-". 0.__,_ _'U Agenda Item No. 16D4 March 14,2006 Page 4 of 7 COlliER COUNTY PARKS AND RECREATION EFFECTIVE POIlCIES AND PROCEDURES MANUAL Date: March, 2006 SUBJECT: Noise abatement <It Cax<lInb<ls Park C<ltegorv: Be<lch <lIld \V<lter ODer<ltions :\' umber 000001 Policy: The P<trks <lnd Recre<ltion Director or designee sh<lll <ldminister the provision of this policy, the issue of noise <lb<ltement <It Cax<IInb<ls P<trk. This will include ensuring th<lt deliveries do not come in e<trly in the morning, implementing rules of noise ab<ltement, and park closing hours. Users of the C<lX<lIllb<ls P<trk f<lcility will meet the policy requirements. j\ny person(s) or group viol<lting <lny of the provision of this policy sh<lll be sul~ject to w<trnings ;md / or citations if they continne to neglect the policy. Procedure: I. Out of W<lter st<II'ting or running of engincs for bO<lts <lIld / or jet skis ""ll not be pemlitted <It C<lXambas P<trk to include the r'Ullp, common are<lS, or p<lrking lot. Sib'llS will be inst<llled stating this policy 2. Enb~ne f1ushing ""ll not be allowed <It <lny time. Signs will be inst<llled stating this policy. 3. Deliveries ""ll be limited to after 8 <lm <lnd before 4:30 pm e<lch d<lY. 4. The g<trbage dumpster will be loc<lted <lW<lY from the m<trin<l building. Paving will be inst<llled where the g<lrb<lge dumpster is currently loc<lted. 5. Visits by excursion vehicles such <lS trolleys w,ll be limited to <lfter 8 <lIll <lIld before 4;30 pm e<lch d<lY. G. A l<lndsc<lpe buffer will be Ill<lintained along the property line of the p<lrk. ~;~ i ~ .,- 2 ~ ~~ '-"1 :l\ - <1l _ l' t::. ;g, :t <{ - ~.-"~ ! ~ ~ n . ~ ~ ~ ~ ~'jl.f /J J ~ C\.. <3 1:!f r-- l - ~ ~i ~h~ - .~ It. cL j.~.. ,A /' " tt'l , '.' ( I ~ rr,' . "~' ~ ",.' -'. ~ .' ':' I~' \-.,..,~, f""" J i r-: -t ! 1/ ..... x .fr{~. .~.~ ~ \. 11 ~,(' r.!? II-I l,~~ '-\ -:s: t" " . rt)j, At ~ 1..7.....;',,". ,j j' 0 ~ f Yi'.. "rr .I:' . , hf' I ".~,L _ 'to -. 'I H ' ~F;f' j /lLy::,\v", I') I..'r' " + \/./ // \~ I ,;'t, /' z !t-~t/ _~e,; I - ". 't..~) -h, ('\ ~ v ~ ." ~ U Af --d '" ~",,-~1"1 .-- """-.-.-- -~ ." __.__.."...."m_ Agenda Item No. 16D4 March 14, 2006 Page 6 of 7 BUDGET AMENDMENT REQUEST For BudgeUFinance Use Only BA#.. IE... BAR#... ........... A.P.H.Date.. 306 Parks Improvements Fund Number Fund Description Date Prepared: 3/2/06 Attach Executive Summary Approved by BCC on: 3/14/06 Item No.: Expense Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: Caxambas Dock and Seawall WBS No.: 800571 (Provlde the Fund Center or WBS element information; it is not reqUired to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budget 800571 763100 Improvements General 20,000 100,000 120,000 Net Change to Budget 20,000 Expense Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: Reserves WBS No.: 919010 (Provide the Fund Center or was element information: it is not reauired to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud"et Budl!et 919010 991000 Reserves (20,000) 370,700 350,700 Net Change to Budget (20,000) EXPLANATION Why are funds needed? Funds are needed to institute noise abatement initiatives at Caxambas Park. Where are funds available? Funds are available in Fund 306 Reserves Agenda Item No, 16D4 March 14, 2006 ,-- Page 7 of 7 REVIEW PROCESS DATE I Cost Center Director: Division Administrator: Budeet Department: Aeency Manaeer: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: -, ~.-. .--------..-- ._._".~_."'".. -"'--'~-----_.. ....--.-.--.- Agenda Item No. 16E1 March 14, 2006 Page 1 of 27 ,,""" EXECUTIVE SUMMARY Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. The plan calls for staff to submit a monthly report listing these change orders from the previous -- reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover period January 20, 2005 through February 17, 2006. FISCAL IMPACT: The total of the changes to contracts is ($1.016.091.64); the total of changes to work orders is $139,774.80 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders PREPARED BY; Brenda Reaves, Contract Technician, Purchasing Department ~.-. -~,-,.._" AQen021tenl No, 16[1 . March14,2006 Page2ot27 COLLIER COUNTY BOARD DF COUNTY COMMISSIONERS ~- Item NlImbef: 161':'.1 ItemSlImmary: Reoor! and R.atity Slalf-Approvl'd CMll\l<l Ordem and ChaflQeS to Wort: O"J(lrs iu Soard. i>.pr)w"",d C\)~llaet5 MeettngOale: :iI14i2DOaQO'JOOAM Prepared By O'a"~ Deleon Adm;noAl'~l,,,,, Ani~lalll D"t~ Atim,n,MrAl,on S~!'\Ike. P"rr-I'~s;"g 2i27!20068:50:48AM Approved Hy 51..veCa"",lI P"'chasi"UiG"r1..ra~Sv<:"O'm"!o' 0..1. A<lrn"';~traliv"S"<v,c,,~ PU'OhH'''ll j!2/2D!163:21 PM Approved By SWveCarM~1 Purctm~inglGunuml Svcs Dir~clO' Om. Adm'"I"lmti."S~rvic"", Pu'cl1a~'ng 31112006 );21 PM Approved By OMBCo<>rdinalo' Adm'nj51'''t;v~Ass's\am Dale C",unlyMallag,,(sOffi(;e om,,, "f Man~g~m"nllj. BuogN j/3i20(l6(1:{)llAM ApprBvedBy M;eha"ISmykowski Man"9"rnelll&BucigGlPt,etIO, Dale Cou'1ly Manag,,"s Otfice Office ofM~n"ll"tt1"nl& e<Jllg'" 3!5/2DO["12:12PM Appron-dBy J~"'G~ 1/. 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B Eo r- ~-{g co ~ ro -. .!Z .,.... >.,....""" > 0: - ON 0 ~ _ ._,.--- .~ _._.-'<.._.,.,,_.~ _._,.., Agenda Item No. 16E1 March 14, 2001 Page 8 of 2 - CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Solid Waste Collection PROJECT #: B1DfRFP #: 00-3119 MOD #: 01 PO#: ~RK ORDER #: MP-FT -05-01 i - t'. OC0 S3Y7J DEPARTMENT: Utility Blllina and Customer Service Original Contract Amonnt: 51 50.000.00 (Starting Point) Current BCC Approved Amouut: $ (Last Total Amount Approved by the BCe) Current Contract Amount: S50.000.00 (Including All Changes Prior To This Modification) ChaDge Amouut: $39.500.00 Revised ContraellWork Order Amount: $89.500.00 (Including This Change Order) Cumulative Dollar VaIue of Changes to this CoutraellW ork Onter: $39.500.00 - Date of Last BCC Approval Agenda Item # Percentage of the change overfunder revised contract amount 1q C7Jt; % Formula: (Revised Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: 11/04f05 CURRENT: 03/02106 SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Increase dollar amount to include added proiects to the trash collections containina to the facilities capacity. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? To enhance the administration of trash collections in reaards to the franchise aareement PARTIES CONTACTED REGARDING THE CHANGE: Teresa Riesen. Project Manaqer. Stephen Schwarz. Vice President for Malcolm Pimie Inc.. John Yonkoskv. Director. Linda Best. Purchasin!:l Aqent IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable - ~ / - PROJECT MANAGER J.€COf.'!MENDATION: This form is to be signed and dated. //" /; //"'~. I", /f;/ .' / . .-/ . "h'-.', APPROVE BY: //.(" ' ;.Jc . /v.____ Date: ! // // cC . p~fa~f i // f REVIEWED BY c'( C~-7 'I J~ Date: l 20. 6b C n$V<i, speclal<~J.J7:J--_ ,: c'1 " ..~,--- --------~. . "-"._,- -.---.- .--'^ Agenda Item No. 16E1 March 14, 200!.).. Page 9 of 27 CONTRACTJWORK ORDER MODIFICATION CHECKUST FORM PROJECT NAME: BAREFOOT BEACH SITE PLANNING PROJECT #:80029 , . BIDtRFP I: 01-3235 MOD #:1 PO#:4600060310 WORK ORDER NUMBER: VL-G2-22 .'-:... .>' DEPARTMENT: PARKS AND RECREATION r", . OrijlDal Contract Amount: $2,960.00 (Startinll Point) Current Bee Approved Amouut: $2,960.00 (Last TollI1 Amount Approved by the aCe) ~. Curnml CODtrlkd Amouot: $2,960.00 (Including All Change.s Prior To nu. Modificotion) . Cblllllt AmOUllt: $1,650.00 , Revlsecl ContractlWork Order Amount: $4,610.00 ,. (l.cludilllllhia Change Order) Cumulative Dollar Vuoe: of Changes to thls ContractlWork Order: $1,650.00 , Data of Last Bee Approval: nla I'" "J" > '.'- Percentage of the change over current contract amount: +55.74"- Formula: (Current Amount / Last BeC approved amount).1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purohasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4, CURRENT COMPLETION DATE (S):ORIGINAL: 9f26J2006 CURRENT: 9/2612006 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. This additive Change Order #I 1 is lIaaociatlild with the addition of land and tree surveying to the Barefoot Beach Site Planning deSign projact. The County as Owner has requestlild that the consultant locate the existing native trees In order ' to Incorporate them into the Bite plan and preserve them. The original work order excluded lIny surveying services, but en on-site meeting between staff and the consultant determined thllt the survey is needed to best design the site. Reimbursable expenaell associated with this task are also being added to the proj~ , . via this Change Order. Change Order #I 1 Is valued at $1,650. No additional days are being added to tha .. titTllllll1l!l for this project as a result of this Change Order. -' JUS1lFICATION FOR CHANGE (S); What value or benefit do these changes provide to the project? This change Is owner driven and is needed to properly design the project and preserve the native vegetation_ " PARTIES CONTACTED REGARDING THE CHANGE: Publlo Services Administrator, purchasing Contract SpeCialist, County Project Manager. -. ., y=;' Revised 4/25/2005 J+i..:, S0-d ').l~...J n"'l ).,I':Jf"n"""l (""("'.r-T ....1':11':1"::" .....". ~.. ,,.. M~____, ^ Agenda Item No, 16E1 March 14, 200P-C\ . Page 10 of 2 ". 90' d .tllOl IMPLeMENT A'lION STEPS (Verify each before proceedIng wIth chenge u.'ng Y, Nor NlA) ...JC Proposed change Is consistent with the scope of the existing agreement _x... Proposed ohange Is in facrt an addition or deletion to the existing scope _x... Chang. is being implemented In a manner oonslstent with the llXIlltlng agl"l;lement -"- The appropriate parties have been consulted regarding the change ...JC Proposed prioes, fees and coats set forth in the change are reasonable ON: This form III to be signed end detecj. APPROVE BY: Date: 119;& roject Manager ~ J- Date: / / ~ d::, I 0,., " ';- ';, r._ "' .. " ,~ .. ,-, .. :' IOfl:' Revised 4/25/2005 90'd ){~...I n'"'l ).r:::JT-,-,n..... ("'f"'c.r-T Or.tnrf":ll' ....." .......,. -_.._-----,~-_.--- --'---'-".. " -- ------....-..-. ,..._-'-~--~-- .-..-----...- Agenda Item No. 16E 1 March 14, 20063 CONTRACT/WORK ORDER MODIFICATION Page 11 of 27 CHECKLIST FORM PROJECT NAME: Vanderbilt Beach Pandna Garaae PROJECT #: 90295 BID/RFP #: 01-3291 MOD#: 1 PO#: 4500046167 WORKORDER#:CHM~~~ DEPARTMENT: Facilities Manaaement Original Work Order Amount: 572.520.00 (Slarting Point) Current Approved Amount: 572.520.00 Current Work Order Amount: 572.520.00 (Including All Changes Prior To This Modification) Change Amount 517.460.00 Revised ContractJWork Order Amount: S89.980.00 Oncludlng This Change Order) Cumulative Dollar Value of Changes to this ContractJWork Order: $17 .460.00 Percentage of the change over/under current contract amount: 24.08% Formula: (Current Amount I Last Bee approved amount)-.1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. Date of Last BCC Approval Agenda Item # CURRENT COMPLETION DATE (S):ORIGINAL: 1/27/06 CURRENT: 4/20/06 SUMMARY OF PROPOSED CHANGE (SI: Identify the chanaes. Various construction contract chanoes and construction delays have extended the proiect duration. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? The orioinally re~uired construction duration was approximately six months but a number of issues have extended that to nine months. PARTIES CONTACTED REGARDING THE CHANGE: Purchaslno: Linda Best: Facilities: Skip Camo. Peter Hayden: Blake Thomas (CH2MHiIIl tMPLEMENTATlON STEPS (Verify each before proceeding wtth change using Y, N or N/A) l Proposed change is consistent wlth the scope of the existing agreement ...:i..- Proposed change is in fact an addition or deletion to the existing scope ...:i..- Change Is being implemented In a manner consistent with the existing agreement ...:i..- The appropriate parties have been consulted regarding the change ...:i..- Proposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. Pc: :/ -=- APPROVE BY: Pro] Date: ! V Cll:> REVIEWED BY: C Revised 4/25/2005 .~ -"..- -----", Agenda Item No. 16E1 CONTRACTIWORK ORDER MODIFICATION March 14,2006 If Page 12 of 27 . CHECKLIST FORM .~<- PROJECT NAME: Provide Road Imnrovements for the Golden Gate MSTU/MSTD PROJECT #: PO#4500048691 BIDIRFP #: 05-3n3 MOD #: One (1) PO#: 4500048691 WORKORDER#: BOC-FT-05-02 DEPARTMENT: Alternative Transnortation Modes Original Contract Amount: $ 11.117.63 (Starting Point) Current BCC Approved Amount: $ll,llY.u" Afld- (Last Total Amoun Approved by the Bce) Current Contract Amount: $ 11.117.63 (Iocluding All Changes Prior To This Modification) Cbange Amount: $ 1.283.56 Revised ContractIWork Order Amount: $ 12,401.19 (Including This Clumge Order) Cumulative Dollar Value of Changes to this ContractJWork Order: $ 1.283.56 Date of Last BCC Approval BCe Acroved Mav 10. 2005 Agenda Item # 16.8.9 - Percentage of the change over/under current contract amount 11.5 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S):ORIGINAL: Auoust 8.2005CURRENT: March 31. 2006 SUMMARY OF PROPOSED CHANGE (8): IdentifY the changes. Chane:e is to existine: curbine:. Modification of turnine: radius of existine: curbine: as ner recommendations bv Ene:ineer Dale Bathon, TEeM Denartment. Improvement to turnioe: radius will result in cost savine:s in annual maintenance of the pavers installed under this work order. JUSTIFICATION FOR CHANGE (5): What value or benefit do these Changes provide to the project? Chanae will result in fewer pavers beina damaaed bv vehicle traffic. PARTIES CONTACTED REGARDING THE CHANGE: Encineer Dale Bathon. TECM Department. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consuited regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable .- PROJECT MANAGER RECOMMENDATION: This form is to be 5i ned and dated. Date: I :2310& . I~,/I O{J Date: I "_I .. - - _m_' _ 'M~____..__, """' Agenda Item No. 16E1 ~ March 14, 20065 ,~ f Page 13 of 27 CONtRACTtWORKOlIDER MODIFICATION CHECKLIST FORM NAME: Roadway Lighting Ins!:Hiation & Sidewalk Replacement PROJECT #: FM 415566-1 #: 03-3465 MOD #1 PO#: 4500044853 WORK ORDER #: TEI-FT-05-01 , , Contract ,A.mount; $ 51,930.44 (Starting Point) HCCApi)rOved Ammmt: S 61838.11 NIl+- (Last Total Ainount Approved by the Bee) Contract AmGunt: $ 51,930.4412, ~S (Including All Changes Prior T /?, ~ I fC{ ~r.2i3Pi r~ /. Amount: S 19,764.44__ )-~7( '-~ V/:;-& ( ,,", . fP:' Contn.ctlWod. Order "A.sfiount: p"f1LOO:.._'1&.!t3/, t?g ;\7'/ (lndudinf! This enan!-',e Order: ?-\l 1 - '- r ()ollar Value of Changes lO this Contrad/\\r'ork Order: $.d-l..i..()..,,~81l; Approval: NIA Agenda Item # N/A ~:,:Per~entagc,~rthe c~ang~-'~v~~/;I)der~rirrent-~oDtractamoun~/o :3 III 55% F?rmula: (Curr~nt A.mollnt ! L~st Bee appnlvt.'d amounl)v i 'R.es~.11tsa.nd AC,tioBS: If the change excecdslOo/l! B.CC approval is rcqllired: under In~,o n~ported to Bee on PurchasingfeP(JrtL For specific:inforrnarion regarding work order 'lhrcshold,,;, please refer to the PniOlrcrnent AdminisrratioD Procedures. Section IV.3.d '>'\ CURRENT CO\{PLETIOl'-1 D/i. (S}'OR,(;lNAL: LLL~L~ CUl(R[~T: Jl.t':J.OJ'! --~--,--_._.-.__._-~-~~~-_._--~----_._--'---_.__...~~ -----,_.._-----_._--"'-,,~,-_.,,--,.,_.- ::;;.~~Y or PROPOSED CHANGE (S}: Identify the changes: To provide sidewalk improvements on both sidespfSR 84 (I>avis . :d;:.B1~d)tbatwill address ADArequirements and meet all of the current FOOT Standards. lbe services requested undertbls . ,~:~~PB1~~enta~6-gre~~';"t No;Jf,?ra complete set oflightingand sidewalk plans are to be completed with.in three monlhs\':ftel'fue acceptcmccDT'1J ll~; Cltangr: or~(,~r. _.____"'~,__________.~__~____.____.._'"_._.__..,...,._____....,..___... - JUSTIFICATION FOR CHANGE (S}: This change will provide sidewalk improvements that meet current ADA lIl'IdfD()T SilIl'Idards. i PA)l.T1ES COJ-jTACTED REGARDING THE CHANGE: HNTB Corporation: James Drapp, Vice f'Tesident; Michelleperollto, FDQT; I :"Robert W; Tiptorr, Director, Traffic Operations Dept. -",-.--. ---..,.-.-- lMPLEMENTATlON STEPS (Verify each Defore proceeding with change using Y, Nor NIA} _Y-,- Propos~dchange is consistent with the scope oftbe existing agreement 'iY..:;,Propose(t chantl,e is in fact an addition or deletion to the existing scope ~Y2Change is being implemented in a manner cOMistent with the existing agreement .::..y ~ The a.ppr?priateparties have been consulted regarding the change i.Y _ Proposed prices, fees and costs set forth in thc change are reasonable PHO,J.ECT M:\;~f..GER ~~.J.j:~~f}M!\'I~NDA TION; Thi~ form is to be signed and dated. ,.-"'"' /- "2"3 - 0.::;;, APPROVED BY, C'.! /' Date: I -; ,'i11i'i_~ t :'T;(:~~~: ~:('r / -----.- .,i.v\'"'l'l'i .,..,..;'( ,',: ' BY: y.....viT I "j:"!'. f.i1l.': DJlt::: ___ TL..~.----- .- '-- -. ~-- . .... -1- Contmct Specialist .. ~/ -- -,---- Agenda Item No. 16E1 " CONTRACTIWORK ORDER MODIFICATION March 14, 2006 Page 140127 .- CHECKLIST FORM PROJECT NAME: US 41 Water Main and LandscapinQ Improvements PROJECT #: 71059 BID/RFP #: _ MOD#: -LPO#: 4500048729 WORK ORDER #: JEI-FT-05-02-A DEPARTMENT: Public Utilities EnQineerinQ Department Original Contract Amount: $ 54.000 (Starting Point) Current BCC Approved Amount: $ 218.758 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 218.758 (Including All Changes Prior To This Modificatiou) Change Amount: $ 20.850 I I Revised Contract/Work Order Amount: $ 239.608 (Including TIlls Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 239 JiM J ~ 5J (.,D;? Date of Last BCC Approval -l>lfA' It II In .<\ Agenda Item # .NfA"' It. C4 .- Percentage of the change over/under current contract amount 9.5 0/: Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: Seotember 27. 2006 CURRENT: March 27. 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The original work order is for the survey and design for this project. This change is to add additional time spent by the Johnson Engineering Inc. (JEI) to obtain permit from FDOT Officials. Also for permitting reasons. we had to exclude a section from the project limit. This change order includes surveying for that section and study the survey report for possible re-design of this section. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This chanae order is to Day JEI for the extra time for desian and meetina with FOOT officials. JEI redesigned the project twice and designed a snecial MOT plans for the proiect. The work order time has been extended 180 days to cover the desian time. PARTIES CONTACTED REGARDING THE CHANGE: Johnson Enaineerina Inc.. Bill Mullin. PPM IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) --L Proposed change is consistent with the scope of the existing agreement --L Proposed change is in fact an addition or deletion to the existing scope --L Change is being implemented in a manner consistent with the existing agreement --L The appropriate parties have been consulted regarding the change --L Proposed prices, fees and costs set forth in the change are reasonable - PROJECT MANAGE NDATION: This form is to be signed and dated. APPROVE BY: Date: ;?)6/0b Pro ect d/7/06 REVIEWED BY: Date: Contra , Revised 4/25/2005 .-.. __.......__."M,..__. -----.,--~..,~.... _'m_'_'~_ ---- ----'-~,- ------_.~_..._.-~-_..._-_._-- Agenda Item No. 16E1 7 March 14. 2006 ...- Page 15 of 27 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME :Courthouse Annex PROJECT #: 52533-3 BID/RFP #: 02-3324 MOD #: 1 PO#:4500014325 WORK ORDER #: ABB-FT-03-06 DEPARTMENT: Facilities Original Contract Amount: S 12,500.00 (Starting Point) Current BCC Approved Amount: $12~6.oo (Last Total Amount Approved by the BCC) Curreat Contract Amount: $12,500.00 (Including AIl Changes Prior To This Modification) Cluuage Amount: $ 1,500.60 I Revised ContractIWork Order Amonnt: $14,000.00 (Including This Change Order) I Cnmulative Donar Value of Changes to this ContractfWork O:~er: $1,500.00 Date of Last BCe Approval Agenda Item # Percentage of the change over/under current contract amount 12% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures. Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 10/512003CURRENT:4130/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes: A Boundary Survey (900.00) and a legal description for FPL Easement (600.00) I I I JUSTIFICATION FOR CHANGE (S): The additional survey work was required to complete the legal description for a new easement. The easement Is for the FPL power supply to the Parking Garage and Annex PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. SkiD Camo Linda Jackson Best '(fPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A) ..:J.... Proposed change is consistent with the scope of the existing agreement ~ Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT Mf:.NAGER RSC:.9MME'HPI,.TIQtVThis form is to be signed and dated. APPROV~~Y r~-:.; r~:~, ,/((2- Date: Z II <> I 0 ;;, pf(!j~S~oM;;u;~?~(, _' /,.. ~- n I - J ' REVIEWED BY:,~--::"~!- <(1':,' '-,~'.::_"__,_ Oat" ::/- i' i cle:> C(;t~r<::r::{ :~':f.jLcr~' ;::.1. .. Eev:;;Gc 4/25/2:)('5 ~.__~___,___.. ___ _.________n__.____ -- ...--------- .,- - Agenda Item No. 16E1 March 14,2006 CONTRACT/WORK ORDER MODIFICATION Page 16 of 27 <it - CHECKUST FORM PROJECT NAME: As-Reouested Solid Waste Technical & Fmanclal Serrices PROJECT #: BIDIRFP #: MOD#: POi!: 4500055011WORK ORDERlJ:MP-FT-3785~6~2 DEPARTMENT:Solid Waste Manaement DeDt. Origimd Contract Amouut: S 50.000.00 (Starting Point) Current BCC Approved Amount: S N/A (Last Total Amount Approved by the BCC) Current Contract Amount: $ 50.000.00 (Including All Changes Prior To This Modification) Change Amont: S 38.000 Revised CODtract/Work Order Amount: $ 88.000.00 (Including This Change OnIer) Cumulative Dollar Value ofChauges to this Coutract/Work Order: $_38,000 Date of Last BCC Approval Agenda Item # - Percentage of the change over/under current contract amount N1A % Fonnula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S):ORlGINAL: 10/14/06 CURRENT: N/A SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The cham!e order is to increase mice. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? T The level of effort reQuired to oerfonn the reauested services is beyond what was oriainallv envisioned when the work order was develooed. PARTIES CONTACTED REGARDING THE CHANGE: Dan Rodriauez. Daniel Dietch, Steve Schwarz, Rob French . Judv Ford. Lvn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. Nor N/A) Y Proposed change is consistent with the scope of the existing agreement x.... 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 x.... The appropriate parties have been consulted regarding the change x.... Proposed prices, fees and costs set forth in the change are reasonable is fonn is to be signed and dated. APPROVE Date: ~-/b-Oh "'~ Date: ,/ /1 fvj 0(;. ~ I . ~.^_. ..'.------- ----,.- "'<____.w I Agenda Item No. 16E1 March 14. 200f Page 17 of 2 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Solid Waste Collection PROJECT #: BIDfRFP #: 00-3119 MOD #: 01 POI: ~RK ORDER #: MP-FT ~5~1 - r: O(){JS3'f7J DEPARTMENT: UtilItY Bllllna and Customer Service Origilial Contract Amonnt: S 50.000.00 (Starting Point) Cnrrent BeC Approved Amonnt: S (Last TolBl Amount Approved by the Bee) Current Contract Amount: S50.000.00 (Including All Changes Prior To This Modifica1ion) Change Amount: $39.soo.oo Revised Contr8etlWork Order Amount: 589.500.00 (IneIuding This Cbange Order) Cumulative DoUar Value of Changes to this CoatractIWork Order: $39.500.00 Date of Last BCC Approval Agenda Item # Percentage of the change overlunder revised contract amount 1"1'1 c?J() % Formula: (Revised Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding wor1<; order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORlGINAL: 11/04105 CURRENT: 03102106 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Increase dollar amount to include added Droiects to the trash collections containina to the facilities caDacitv. JUSTlFICATlON FOR CHANGE (S): What value or benefit do these changes provide to the project? To enhance the administration of trash collections in reaards to the franchise aareement PARTIES CONTACTED REGARDING THE CHANGE: Teresa Riesen. Protect Manaaer. Stephen Schwarz. Vice President for Malcolm Pimie Inc.. John Yonkoslev. Director. Linda Best. Purchasina Aaent IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Propos9d change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope :! Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and sts set forth in the change are reasonable APPROVE BY: Pf REVIEWED BY: rr- Date: en speCial}{~ ---"-"-------,,-,,,------ Agenda Item No, 16E1 March 14, 2000- Page 18 of 27 -, CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: BAREFOOT BEACH SI'TE PLANNING PROJECT #:80029 BI~FP#: 01-3235 MOD#:1 PO#:4500050310 WORK ORDER NUMBER: VL-Q2-22 .~", :";, DEPARTMENT: PARKS AND RECREATION 'Original Contract AmoWlt: $2,960.00 (Slartin~ Poln.) Current BCC Approved AmollDt: $2,960.00 ! (WI Tow Amount Approved by the Bce) , Currant Contract Amount: $2,960.00 (Includin~ All Change, Prior To This Modification) .,\, Change AmOUDt: $1,650.00 Revised ContractlWork Order AmoUXIt: $4,610.00 ,', (lneludin, Thi> Chang. Order) .., Cumulative Dollar Valo" of Changes In this Cootrac:t/W ark Order: $1,650.00 ,- ~ Date of Last Bee Approval: nla " , Percentage of the change owr current contract amount: +55.74% Formula: (Current Amount / Last BCC approved amount)-1 Rawlts and Actions: If the ohange exoeeds 10% BCC approval is required; under 10% reported to BCC on PUrllhasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4, CURRENT COMPLETION DATE (S):ORIGINAL: 9/2612006 CURRENT: 912812006 SUMMARY OF PROPOSED CHANGE (S): Identity th& changes. This additive Change Order # 1 is associated with the addition of land and tree surveying to the Barefoot Beach Site Planning design project. The County as Owner has reques1ed that the consultant locate the existing native trees In order to Incorporate them Into the aite plan IInd preserve them. The original work order excluded any iIlurveying services, but an on-illite meeting between staff and the oonsultant determined that the survey is needed to best design the site. AeimburAble expenilles lI8Sociated with this task are also being added to the proJec:.t , ' via this Change Order. Change Order # 1 Is valued at $1,650. No additional days are being added to the limelIne for this project as a result'of this Change Order. JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project? This change Is owner driven and is needed to properly design the project and preserve the native vegetation. , , PARTIES CONTACTED REGARDING THE CHANGE: Publlo Services Adminiilltrator, PurChasing Contract SpeCialist, County Prolect Manager. .. ~- . " :l'~' Revised 4/25/2005 iJ.:. S0'd '\l)J....J M'"'l )J::lr,In'"'l r-r-.....T .....,.,.n.". "'~ .",,.. ~"..--- ----,-. ....-..-.-,. -... ~""-. ..-.. ....--.-. Agenda Item No. 16E1 March 14, 20~,,\' Page 19 of ge"d ,10101 " IMPLEMENT A"RON STEPS (Verify eech bef0/'8 proceeding with change using Y, N or N1A) -X- proposed change is consiBtent with the soape of the exlsting agreement _lC... Proposed ohange is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner oonsistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change -X- Proposed prioes, fees and costs set forth in the ohange are reasonable A ON: This form ie to be signed and dated. APPROVE ",Y: Date: }/7 f Date: I / p;,/ c(, ( l' ,.". . ^''' ,. :' "ll:, Revised 4/2512005 90"d '>l>t-l n") ).l':]T.,.,n'"'l ('Y"'-.~T Cr.:lno-:!'. ,.,."" ~...,. Agenda Item No. 16E1 March 14, 20063 CONTRACTIWORK ORDER MODIFICATION Page 20 of 27 - CHECKLIST FORM PROJECT NAME: Vanderbilt Beach ParkinQ GaraQe PROJECT #: 90295 BID/RFP #: 01-3291 MOD#: 1 PO#: 4500046167 WORK ORDER #: CHM.FT '()5-03 DEPARTMENT: Facilities Manaaement Original Work Order Amount: $72,520.00 (Starting POin'l Current Approved Amount: $72.520.00 Current Work Order Amount: $72.520.00 (Including AI! Changes PJiorTo This Modification) Change Amount: $17.460.00 Revised ContracllWork Order Amount: $89.980.00 (Including This Change Otde,) Cumulative Dollar Value of Changes to this ContractlWork Order: $17.460.00 Percentage of the change over/under current contract amount: 24.08% Fonnula: {Current Amount I Last Bee 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 !il.eA. Date of Last BCC Approval Agenda Item # CURRENT COMPLETION DATE (S):ORIGINAL: 1/27106 CURRENT: 4/20106 SUMMARY OF PROPOSED CHANGE ISI: identify the chanQes. Various construcllon contract chanaes and construelion deiavs have extended the proiect duration. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? The oriqinally reauired constnlClion duration was approximately six months but a number of issues have extended that to nine months. PARTIES CONTACTED REGARDING THE CHANGE: Purchasina: Linda Best: Facilities: Skip Camp. Peter Havden: Blake Thomas (CH2MHiII) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement ....:t... Proposed change is in fact an addition or deletion to the existing scope ....:t... Change is being implemented in a manner consistent with the existing agreement ....:t... The appropriate parties have been consulted regarding the change ....:t... Proposed prices, fees and C'.Qsts set forth in the crlange are reasonable Revised 4/25/2005 ~.- _.O_"_"____n,.__ .~,.,_~__..__ _.._-~.- .~---" , ----"--..- '-..-- ----_._~-- _..-~ Agenda Item No. 16E1 March 14. 2006 11 CONTRACTIWORK ORDER MODIFICATION Page 21 of 27 1 _ CHECKLIST FORM PROJECT NAME: Provide Road Improvements for the Golden Gate MSTUlMSTD PROJECT #: P0#4500048691 BID/RFP #: 05-3773 MOD #: One (1) PO#: 4500048691 WORKORDER#: BOC-FT-05-02 DEPARTMENT: Alternative TranspOrtation Modes __.......'n_....._.____...._______ Original Contract Amount: $ 11.117.63 (Starting Point) Current BCC Approved Amount: $ . n;U7.u.> AI/If (Last Total Arnoun! Approved by the BeC) . Current Contract Amount: $ 11.117.63 (Including Atl Cbanges Prior To This Modification) Change Amount: $ 1,283.56 Revised Contl'llctJWorkOrder Amount: $ 12,401.19 (Including This Change Order) . Cumulative Dollar Value of Changes to this ContractIWork Order: I $ 1.283.56 -----.- -------_...._._--._-_.--~---_.._.__._--_._.~._-~_._.__...__...,_._-~-_.__....,_.._--_._---- Date of Last BCC Approval BCC Aoroved Mav 10. 2005 Agenda Item # 16.8.9 Percentage of the change over/under current contract amount 11.5 % Formula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds. please refer to the Procurement Administration Procedures. Section IV.3.d CURRENT COMPLETION DATE (S):ORIGINAL: Auoust 8,2005CURRENT: March 31. 2006 SUMMARY OF PROPOSED CHANGE is): Identify the changes. Chanee is to existine curbine. Modification of tumine radius of existine curbine as oer recommendations bv Eneineer Dale Bathon. TECM Deoartment. Imvrovement to turnin!! radius will result in cost savines in annual maintenance of the vavers installed under this work order. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Chanlle will result in fewer pavers beinQ damalled by vehicle traffic. PARTIES CONTACTED REGARDING THE CHANGE: Encineer Dale Bathon, TECM Department. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an additiol1 or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER R:::COMMENDj:, TION: This torm is to be signed and dated. . . .' -,' / . . 2- ~ 01 APPROVE BY ,/-,J 1(/ r.'" T'/\.c.<'\L R.\c..\-\A'Qf) Date: I! :J b p" fill A..:') 'I ! ! rojac,l ,an<tyer ! .... I. ",~".i REVIEWED BY: if..'~i .....:.."".!({,.., (. .,f,L, Da;e {! - .... '- . Contract Specialist Revised 1015105 Agenda Item No. 161p.J March 14, 20065 Page 22 of 27 coN'rtlActiWORKORDERM.ODIFICATION CHECKLIST FORM Ut~hting installation & Sidc\",,'alk Replacement PROJECT #: FM 415566-1 imJ/RFP#: 03-3465 MOD #1 POll; 4500044853 WORK ORDER #; TEI-Ff -05-01 BI!:.PARTMENT, Traffic Operations $ 51,930.44__ (Starting Point) { w :.. ~aQ 44 f".!/A- t\pprovcd A.moullt: '" ~ 1... , (La;:iT otaI AIrtount Appro-;;;:d' by tile BCC) CIlh-enl Co~tractA,!Il9u~t; $ 51,930.44.,.._., -.,..,.-- (~ t;;. _AU"""':''''"' ~,,'f; S 19,704.4~_lq?DI ,,~F-f . . ii .'C Amount: · ~ ,'''..--'1ft.,'t/2Lk~ ,\, {/ (Including This ,lange Order: t-.:..I , 'Doil~r Value ofCh~nges to this Cnntract/Work Order; ~8 '--~'- .p 1 :/ ~( <:'"')1 (t...-/ ',,--...__.........--. Date of Agelidaltew#N/A J~crcen ta:gc change over/undercurrent contract nOluun~A, ':2 '1 C::5 % -=.;,.;> I ~ ,0 Formula: (CUITC:-lt }\mount / Last Bee approved alllOunl )-1 Results and AC1ions:lr the change exceeds 1lf'4BCC approval is H~quired; under lOj~;, reported to Bee on Purchasing report. For spc.cifi..: infonnatiop regarding work order t:hresholds. pk:a..,,(~ refer- t{) the Procurement Adm lnistmtin'Il ljo.roc{~durcs,ScctionlV .3.d CURRENTCOMPLETI()!'J DATl~ fSI:ORIGINAL: J,.lL7/0~ CURRENT: I.lf71Qil ~."----,~.,.,." -'---~-~---, -""--"'-'-'~"-~-~"~-~--~-..~,.-....--~-.- ..,------~.~,-~..._._--_._~--_.~.._._~~~------ --- ,----~_..- SfJfvfMARY Of PROPOSED C"H!-,NGE (S):Identi(y [h(. changes: T<) provide sidewalk improvC'Tl1cms on hoth sides of SR, 84 (Dirvis Blvd) that will address ADA rcquircni~nts ami.med all o1'rhc current FDOT Standards, Tile serviGc$ requested under this Supplement.11 Ag:reelnentNq,.J for a cor:nplete set of lighting and sidewalk plans art': to be completed within three montbB after the acct:pt<:mce nCthi:; changr: or9~.___~.._.__.______~~~___~_~___~..__ "-.---..-.- JU.~;tn'ICA:rIONfi8~<;;HANGE (8): This change ,,:ill provide sidewalk improvements that meet cwrentADA andFDOTStandaJ:c1s, ". ,.; ,,,,. ..' PARTIES CONTACTED REGARDINOnm CHANGE: HNTB Corporation: James Drapp, Vice President; MicheUe'Peroriki, FDOT, Robert Wi Tipton, Director, Traffic Operations Dept. -_..~~--_.._---_.._,- IM]'LEMENTATION STEPS (Verify each hefore proceeding with change using Y, N or N/A) :-Y~Pioposedchangejs consiste~t with the scope of the existing agreement ~X;Proposed change is)n fact ~ addition or deletion to the existing scope ~y~ Chllllgeis'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 arc reasonable PROJECT MANAGER !\IENUA. TION: form is to be signed and dated. AP"[(O\'ED BY: Date: /- 23 -~ .- Dale: ! ____..n .. ._-_.._-- -- .--.- "'--~_." ..-..-... Agenda Item No. 16E1 (p March 14, 2006 CONTRACT/WORK ORDER MODIFICATION Page 23 of 27 CHECKLIST FORM PROJECT NAME: US 41 Water Main and Landscapina Improvements PROJECT #: 71059 BID/RFP #: _MOD #: -LPO#: 4500048729 WORK ORDER #: JEI-FT-05-Q2-A DEPARTMENT: Public Utilities Enaineerina Department Original Contract Amount: $ 54.000 (Starting Point) Current BCC Approved Amount: $ 218.758 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 218.758 (Including All Changes Prior To This Modification) Change Amount: $ 20.850 Revised ContractIWork Order Amount: $ 239.608 (Including This Change Order) Cumulative Donar Value of Changes to this ContractIWork Order: $ 239.008 I$) 5. (.,D)? . I Date of Last BCC Approval ...w1( 1/ I, /I'i <:;' Agenda Item # .Nf1!I"' It. eLf Percentage of the change over/under current contract amount 9.5 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: September 27. 2006 CURRENT: March 27. 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The original work order is for the survey and design for this project. This change is to add additional time spent by the Johnson Engineering Inc, (JEI) to obtain permit from FOOT Officials. Also for permitting reasons, we had to exclude a section from the project limit. This change order includes surveying for that section and study the survey report for possible re-design of this section. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This chanae order is to pay JEI for the extra time for desian and meetina with FOOT officials, JEI redesigned the proiect twice and designed a special MOT plans for the proiect. The work order time has been extended 180 days to cover the desian time. PARTIES CONTACTED REGARDING THE CHANGE: Johnson Enaineerina Inc.. Bill Mullin, PPM IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ..L Proposed change is consistent with the scope of the existing agreement ..L Proposed change is in fact an addition or deletion to the existing scope ..L Change is being implemented in a manner consistent with the existing agreement ..L The appropriate parties have been consulted regarding the change ..L Proposed prices, fees and costs set forth in the change are reasonable NDATION: This form is to be signed and dated. APPROVE BY: Date: ;;)6/06 Pro ect d/ 7 j06 REVIEWED BY: Date: . Contra Revised 4125/2005 _ ___.m_ - -_...,-,-. -- Agenda Item No. 16E17 March 14, 2006 Page 24 of 27 -. CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME :Courthouse Annex PROJECT #: 52533-3 BIDIRFP #: 02-3324 MOD #: 1 PO#:4500014325 WORK ORDER #: ABB-FT -03-06 DEPARTMENT: Facilities 1 Origl.... Contract Amount: $ 12,500.00 (SlllrtingPoint) Cnrrent BeC Approved AmOUDt: 511,500.00 (Last ToW Amount AppJOvcd by the BCe) Curreat Contract Amonnt: $12,500.00 (Including All Changes Prior To This Modification) Cluml" Amount: 5 1,500.00 Revised Contract/Work Order Amonnt: $14,000.00 (Ineluding This Change Order) Cnmalatlve DoDar Value of Cbanllos'to this ContractIWork Order: $1,500.00 Date of Last BCC Approval Agenda Item # .- Percentage of the change over/under current contract amount 12% Formula: (Currenl Amount / Last BCC approved amount)-1 I 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 I Administration Procedures, Section IILCA. CURRENT COMPLETION DATE (S):ORlGINAL: 10/512003CURRENT:4130/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes: A Boundary Survey (900.00) and a legal description for FPL Easement (600.00) JUSTIFICATION FOR CHANGE (S): The additional survey work was required to complete the legal description for a new easement. The easement is for the FPL power supply to the Parking Garage and Annex PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Skio Camo Linda Jackson Best '(fPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) V Proposed change is consistent with the scope of the existing agreement f Proposed change is In fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consu~ed regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJeCT~ECo.MJ!!I.!i!iPATI~,..fhiS form is to be signed and dated. APPROVE BY: ./ rs, " 'LL..~ Date: 2 I; '" I C) (;,. Pr j rJ-fr' )C'k, REVIEWED BY: Date: Co / - Revised 4/2512005 __u., ---- I -..------ -_.. ~___o<.__.. _...__"_.."",=,,~;'____"" _._'0 -.--...-..,' ----. --- Agenda Item No. 16E1 March 14, 2006 CONTRACTIWORK ORDER MODIFICATION Page 25 of 27 'il CHECKLIST FORM PROJECT NAME: As-Reauested Solid Waste Teehnieal & Finucial Services PROJECT #: BID/RFP #: MOD#: POI; 4500066011WORK ORDER#:MP.FT -378lHl6~2 DEPARTMENT:Solld Waste Manaement DeDt. OrigiDaI CODtract Amount: $ 50.000.00 (SlartingPoint) Current BCC Approved Amount: $ N/A (l.Jlst Total Amount Approved by lbe BCC) Current Contract Amount: $ 50.000.00 (Iocluding All Cbangos Prior To This Modification) Change Amonnt: S 38.000 Revised CODtract/Work Onler Amount: $ 88.000.00 (Including This CbBllge Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $_38.000 Date of Last BCC Approvs' Agenda Item # Percentage of the change over/under current contract amount N1A % Fonnula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S):OR'GlNAL: 10/14/06 CURRENT: N/A SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The chan~e order is to increase nrice. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? T The level of effort reouired to oerform the reauested services is bevond what was oriainallv envisioned when the work order was develooed. PARTIES CONTACTED REGARDING THE CHANGE: Dan Rodriauez. Daniel Dietch. Steve Schwarz, Rob French , Judv Ford, Lvn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. Nor N/A) Y Proposed change is consistent with the scope of the existing agreement L Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change L Proposed prices, fees and costs set forth in the change are reasonable is fonn is to be signed and dated. 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E 0 x ~ ~ . 0" ,. ., C ., (ij 0 ~ ~~ ~if; ~ c c: Q,l c -a 0 III III '" l'iI Q,l ~ ;g "5;g "5 5;g "5..c" g] ell ~ '0 25 'O"€ (D '0 -g -E g> iii N ~ N E5 N ~~o ~ C 0 "_ 0 "_u 0 "_ Q)C U ~ ~ ~ ~ "E 3l coa ~o > ~.... ~55 "0 ~z CD 0,.... OB to Ouu I- Agenda Item No. 16E2 March 14, 2006 EXECUTIVE SUMMARY Page 1 of 5 -. Recommendation to award Bid No. 06-3943, Employment Physicals and Drug Testing, to Anchor Health Centers, Inc. in the amount of $35,000. OBJECTIVE: To award a Bid No. 06-3943, Employment Physicals and Drug Testing, to Anchor Health Centers to perform physical examination and drug testing services for post offer job candidates and active employees. CONSIDERATION: The Collier County Risk Management Department Occupational Health Program coordinates the delivery of pre-employment physical examination and drug testing services for post job offer candidates and active employees. In FY 05, four hundred sixty three (463) exams were completed. The majority of these exams are provided through the in-house occupational health nurse. However, for certain designated positions such as employees with Commercial Drivers Licenses and Paramedics, more extensive physical examination and drug testing services are necessary and these services are beyond the capability of the in- house program. For these positions, Collier County uses a contracted medical services provider. On January 6, 2006 formal bid invitations were posted in the lobby of the Purchasing Building and distributed to eighteen (18) medical providers. On February 1, 2006 one .~ bid was received from Anchor Health Centers. Staff has reviewed the Anchor Health Centers bid and determined that the bid is responsive; the pricing is commensurate with those of prior contracts; and the pricing is commensurate with usual and customary rates for the Naples area. A bid tabulation sheet is attached for review. Based upon this review, staff recommends award of Bid No. 06-3943 to Anchor Health Centers. The agreement with Anchor Health Centers will be a one year agreement with the option to renew for three additional years. The effective date of the agreement is March 14, 2006. FISCAL IMPACT: The annual cost is based upon the number of physicals performed and the types of services required for each physical exam. Based upon previous experience, the estimated annual cost of these services is expected to be $35,000. Funds are budgeted annually in the Workers' Compensation (518) budget and within department budgets for these services. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 06- 3943 for Employment Physicals & Drug Testing services to Anchor Health Centers and authorize the Chairman to execute the final agreement subject to the approval for legal sufficiency by the County Attorney's Office. ,,-.. Prepared By: Gary Troy, RN, Occupational Health Nurse ----.. ,-,,, " COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 16E2 lIemSummary: Rilf.(lrrlll"'mdat;,,n '0 awaE'(j Bid Nr, 0(,-384.1, Ernpl"yrrwr \ Plws'l'al~ 1i. wluq leslmq hI An"hm H~alth C;eI1I~rs Inc i~ \'i" ~mOLJ~! '.\1 ~:i5,OOO M..tingDate: 3il4i200G \) 0') ['0 AH PreparodBy Sc"ltJol",<<m P"rd"'fi,ngAonnl D"t~ Admi'l;slral",,1>erl/;Q,. r-,,,r.h,,si'''iI 2i?li20063:37:lI5PM Approved By J~ftr..y />., Wa~~..r:CPCU ". r~i~1; M""nge",,,m D'wel", Pal" A"m,,,;."aliy~S"''''CM Ri<;~ Manag"m~nl 212cr2l)()() 1:11 PM Approvcd8y Sc<>tlJnhMofl Pur~ba5i"y Ag"nl Dat~ Adm;"i~lfa!Eva 5"""ce~ Purcha~'f19 3W2006S:)5AM Approved By MI~"H..u", ACG"isi!i'''' Manag"r Date A<lm,,,i~"atiY~ S,,''''<;,,~ Pu,el,asoO(J J.'21"onr 12:55 PM Approved By S!lw"C~mdl P'<lT.""sinWGc,,"'~1 S"C$D"~r\o' Pate A<I~,inistr~liv" S~"IIi,,~. p"rr-h~6in'l :li2120063:2f1'M Approved By SI,w,'C""",1I P'''Ch~5i"!;iG,,,,''r~1 Sv'" Q,rl'cl,,, DOli, A(I""hi~I".I:i"~ b","""u'; Pur<:h"_""\I 11ZJ201H;3:ztiPM Approvcd By oMaCoora,,,,,t,,, Aamin'~V"llv(;A.,g;"I,'nt 0,,1'- Co''''I:~ M~n~~~(" Oflie,e DH,c~ o( Mao"\,,.mn,,' & BlJ<'q~l 1!:Jl2IlIm~:1\1 AM .... Approved By Mien,,;,1 Sm~I"'w,,'" M"""q,,,,,,'''1 "-[-''''',,00'''''''0' nm" C"uoIV ""''''''9'',.'_' Ottie~ miic~()1M""'''J"'''''''I&i:h,,j!1''1 2,;3:Z0Q690eAM Approvcd By i-""E.Ocl",J, D"",,\yc,wmyMah"~er Dd'~ Bo;tfrioiC",mly C"m",i"~;OMrs C"u!HyM""",,~r'sOflke :li6!2006;I:4l PM - - _._---~.".- .-.-- --- -._- Agenda Item No. 16E2 March 14, 2006 Project Mgr.: Gary Troy BID 06-3943 NoticeS'~e clfffi Date Posted: 1-6-06 "Employment Physicals Drug Testing" Packages Requested: 8 Date Due: 2-1-06 Addendums: 0 Packages Received: 1 CLASSIFICATION Anchor Health Centers Pre-Emplovment Phvsical Examinations Unit Price $ 65.00 CDL Physical (DOT) Unit Price $ 65.00 Pre-Placement Physical W/CDL Physical Unit Price $ 125.00 Respirator Medical Clearance Evaluation Unit Price $ 75.00 Fit for Duty Examination Unit Price $ 65.00 Laboratory Work (CMP w/Lipids, CBC w/Paltelet, auto diff, UA) Unit Price $ 85.00 PPD Testing w/Reading Unit Price $ 10.00 Chest X-Ray (2-view) Unit Price $ 40.00 Audiological Screening Test (pure tone air only) with interpretation Unit Price $ 15.00 Pulmonary Function Tesy (spirometry) with interpertation Unit Price $ 35.00 Drug Screen; HRS 5 panel w/MRO Unit Price $ 40.00 NIDA 5 w/MRO Unit Price $ 40.00 Alcohol, Breath Test Unit Price No Bid Alcohol, Blood Test Unit Price $ 40.00 Hepatitis Panel Test Unit Price $ 67.00 Hepatitis A Vaccination Series (all inclusive fee) Unit Price $ 120.00 Page 1 of 3 Agenda Item No. 16E2 March 14, 2006 Project Mg": Gary Troy BID 06-3943 Noticell'S;limtl diffi - Date Posted: 1-6-06 "Employment Physicals Drug Testing" Packages Requested: 8 Date Due: 2-1-06 Addendums: 0 Packages Received: 1 CLASSIFICATION Anchor Health Centers Hepatitis B Vaccination Series (3 series, all inclusive fee) Unit Price $ 200.00 Heoatitis Titer Unit Price $ 40.00 H IV 1 &2 Antibody Test Unit Price $ 25.00 Heavy Metals Test Unit Price $ 40.00 Pre-exoosure Rabies Vaccinations Series Unit Price $ 160.00 Rabies Titer Unit Price $ 75.00 Tetanus / diphtheria vaccination Unit Price $ 12.00 EKG w/12 leads Unit Price $ 60.00 - Cardiac Stress Test (with interpretation) Unit Price $ 250.00 Pre-exposure Rabies Vaccination Series Unit Price $ 160.00 Rabies Titer Unit Price $ 75.00 Tetanus / diphtheria vaccination Unit Price $ 12.00 EKG Unit Price $ 60.00 Cardiac Stress Test (w/interpretation) Unit Price $ 250.00 Functional Capacity Evaluation Unit Price No Bid .~_. Page 2 of 3 "~,_.,- ------ -~_._- Agenda Item No. 16E2 March 14, 2006 Project Mgr.: Gary Troy BID 06-3943 Noticeil.f5 dfffi Date Posted: 1-6-06 "Employment Physicals Drug Testing" Packages Requested: 8 ,-" Date Due: 2-1-06 Addendums: 0 Packages Received: 1 CLASSIFICA TION Anchor Health Centers Prompt Payment Terms: 0% Net 30 Days Addendums Acknowledqed: N/A -" Opening agent: Scott D. Johnson Opening witness: Courtney Grosman - Page 3 of 3 -...~~^-'" Agenda Item No. 16E3 March 14, 2006 Page 1 of 9 -- EXECUTIVE SUMMARY Recommendation to approve and execute a Lease Agreement with Senator Mel Martinez for use of office space at the Government Center for an annual rent of $4,248. OBJECTIVE: To provide Senator Mel Martinez office space within the Administration Building. CONSIDERATIONS: In order to maintain a presence in Collier County, Senator Mel Martinez has requested use of office space located within the Government Center. The attached Lease Agreement provides Senator Martinez with a two hundred and fifty square foot office located on the second floor of the Administration Building. The Lease provides for a twenty-one month term with an annual rent of $4,248. The County is responsible for payment of all utilities, janitorial service, and local telephone service. Senator Martinez will be responsible for long-distance telephone charges. As required by Florida Statute 125.38, a Resolution declaring that Suite 223 is not required for County use and available for lease to Senator Martinez is attached. FISCAL IMPACT: The annual rental fee of $4,248 will be paid in monthly installments of $354 and will be deposited into the General Fund (001). GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan. ~ RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chairman to execute the attached Lease Agreement for Senator Mel Martinez and the Resolution related to same. Prepared By: Michael H. Dowling, Senior Property Management Specialist Real Estate Services / Facilities Management Department ,~... . -_..~~ . ,>_,w"',..<~,,~ ._.,,__....,W_~_.N.. N() COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - UemNumber: HiE',', Item Summary: n,)(;("nrl'ilf"Jilti';[; 'e, a,'1"W/8 il;lll ".<ewt" a L'-'a~" AW""rnenl w,n< S\'lla,G' Me! M,,,'in'..'.' r~r "5" ,,1,4'<;1, ~pa"" 11' n'e (Oov,;rn",,,n1 (,':nl~' I,,, an anrHliJI ren' ,)1 $.~ ,~,lll Meeting Date: :<'/14:200(;\l':,OO',,,M Prepared By Midm~1 H. O"wlin~l I'mp",.t~ M~n~g~nw"t 51,,,,:inh6t Datn ^d~l;"'filt,,"vn So",i,.~~ F.cill""3M,,"a'l~'Twnt 2i<.-r,'20063:41:(~PM Approved By SkipC'''''Il,G.F,M f'o,,<:iijH~~ M'''''''l,,,n~n{ D""ct,,, D<\I\ A,jm,,,i~t'~I.i~~ S,.,v,"e~ F"cil,t;~..M"""""",,"'t 3'112U(lC11'16AM Approved By Ch"rI"~ (. Cn"i~gt<>r., Jr SRIWA R"31 b;l~tn s",v";,,,;M;on~g'" D~I., "dm,tliSlrallv"S<;rvic"s F.eilltiMM~,,?g''''''''1l1 J/2I2006"S7AM Approved B)' SI<>vnC",mell rureha5'''9IG''M'~ISvC5 Di,."Cl,,' Dat" Adm''';s''oljv<>S"rvicn~ Pu'ch~~;~g 3iZI2011flJ:Z8PM Approv"dB}' OMBCr.,,'!ljnal'" Admimslraliy" f,~~i~t,,~1 D~te C""tlty Ma,,"g~"'~ Otfi,,,' Offi~fr "j M~";"l,,,ne'" t. B""9at }.'J/1(I069:07AM ApprovedB}' Mitolw"'\,"vk"w.ki M"na'l,""",'l& Buug"tDi,,,clor 0"1,, CDLmtyM"""'I,,(,;Oliic" Olf",,' "I M"""~I,"n"...t& aud\l"~ 1::;!1llut:.,>"OPM AppravedBy J?"w~V Mudd C<>""tyM'''''',le' Om" BDMd()!Co""ly Comm'S~'{I"N~ County M~n"!!""s OW,,, J!)~2G06 7:09 PM -, ,-~. ,--,. --.'..-- -'~.'---" ---- Agenda Item No. 16E3 March 14, 2006 Page 3 of 9 <. t UNITED STATES SENATE I, HOME STATE OFFICE t LEASE AGREEMENT ., WASHINGTON, D.C. 20510 THIS HOME STATE OFFICE LEASE AGREEMENT made on this day as evidenced by the signatures below, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "Lessor," and the Honorable Mel Martinez, United States Senator, in his official capacity hereinafter referred to as "Lessee" and in accordance with and subject to the statutory requirements set forth in 2 U. S. C. 59 relating to home state office space for the United States Senate, it is hereby agreed as follows: I 1. The Lessor shall furnish the I,essee office space, hereinafter referred to as the "leased I premises," described more particularly as Suite 223, 3301 East Tamiami Trail, Naples, Florida 34112 fJ as set forth on Exhibit "A" which is attached hereto containing a total 250 usable square feet. Said fi space may consist of a large open area or may be partitioncd into rooms including private corridors, closets, offices, and conference rooms. Square footage of the space shall be calculated by measuring from the inside fmish of the exterior wall (or face of the convector if the convector occupies at least fifty (50) percent of the length of the exterior wall) to the Lessee's side of the corridor wall and to the Lessee's side of the partitions separating the space be111g measured from the space occupied by contiguous Tenants in the building and shall not include !ljoint use space" such as common cafeterias, conference rooms, snack bars, janitorial, mechanical or circulation areas as defined in 41 CFR 101~17.003-13. 2. The Lessee shall have and hold the leased premises with quiet enjoyment, for a term of nine months commencing on April 1, 2006 and terminating on January 2, 2008 unless otherwise extended under the terms herein. Except as set forth below, the term of this lease shall not exceed six years, and shall in no case, extend beyond the term of office which the Lessee is serving on the first day of this Lease. Should the Lessee be re-elected to his/ber Senate seat after the expiration of his/her term of office which he/ she was sen,ing upon the execution of this Agreement, the Lessee may holdover in the leased premises until such time as a new Agreement has been executed. Any month to month holdover may be terminated by either party by providing thirty (30) days advance written notice to the other party. 3. The Lessee and/ or Sergeant at Arms shall have the right to terminate this lease without penalty upon the Senator's death, resignation or expulsion from the Senate. This right shall be exercised by providing sixty (60) days advance written notice to the Lessor of the Lessee or Sergeant at Arm's intention to terminate this lease. Notwithstanding the foregoing, this Lease shall terminate immediately upon the Lessee's loss of his/her Senate seat. Agenda Item No. 16E3 March 14, 2006 Page 4 of 9 -. 4. The Lessee shall be obligated to pay rent to the Lessor in the amount of $354.00 per month (an annual rate of $16.99 per usable square foot.) Said monthly rental payment shall be paid in arrears on or about the last day of each month, the first payment due on April 30, 2006. Said payment, which shall not he adjusted for operating expenses, taxes, landlord costs or otherwise, is contingent upon the Lessor's submission, at the beginning of each month, of a proper invoice to the Sergeant at Arms of the United States Senate. Said invoiee shall be in a form which is approved by the Sergeant at Anns. Upon the direction of the Lessee and the Sergeant at Arms, the Secretary of the Senate will remit to the Lessor, the sum due on the proper invoice at the end of each month. Any payment made to the Lessor by the Secretary of the Senate for any period after this lease agreement has expired or has otherwise been terminated shall be refunded by the Lessor to the Secretary of the Senate without formal demand. Payments for any fraction of a month shall be prorated on a thirty (30) day basis. Any month to month holdover tenancy, if applicable, shall be at the same base rent as in effect at the expiration of this Agreement. After the execution of the lease, the Lessor shall be contacted by the Secretary of the Senate to determine the preferred method of payment of rent. Payment of rent during any transition period shall me made payable to the order of Property Management Specialist and shall be mailed to the following address: Real Estate Services Administration Building, 4th Floor 3301 East Tamiami Trail, Naples, Florida 34112 - 5. The Lessor shall provide and pay for the costs of all utilities, including but not limited to, water, electricity, ventilation, heat and air conditioning. Lessor shall provide and pay for the installation of cable television and provide monthly cable service in one loeation within the premises, including CNN, C-SPAN I and C-SPAN II. 6. The Lessor shall provide and pay for the eost of janitorial services to the leased premises which shall include, (1) on a daily basis, vacuuming, dusting, trash removal including recycling, cleaning of all washrooms and, (2) on a annual basis, carpet and window cleaning. Lessor shall also provide and pay the cost of all lighting ballasts, incandescent and fluorescent light bulbs, washroom supplies and all cleaning products. 7. The Lessor shall provide and pay for adequate parking for Lessee and staff in accordance with Lessee's needs to include one reserved parking space. Neither the Lessee nor his staff shall be required to provide a security deposit or pay for any parking passes or other identification device for parking facilities. Cost of the parking is included in the monthly rent amount set forth in paragraph four above. 8. The Lessor shall provide and pay for security in accordance with Lessee's needs, including adequate lighting in parking areas. Lessor hereby provides authorization for the Lessee to provide and install the security enhancements to the demised premises listed on Exhibit B which is attached hereto and incorporated herein by this reference, at Lessee's sole cost and expense. Lessee shall not be required to return the demised premises to their original condttion upon the termination of this lease. - ------~_.- ~--->. Agenda Item No. 16E3 March 14, 2006 Page 5 of 9 The current duress alarm and monitoring shall continue to be provided by the Lessor until such time that the Sergeant at Arms will provide the security enhancements mentioned herein. Upon the installation of the new Sergeant at Arms enhancements, the Lessor shall provide and pay for the removal of the old security system. 9. The Lessor shall provide and pay for all regular maintenance and necessary repair, including snow removal, to the building, grounds, parking facility and the leased premises without limitation including all improvements to said space. Lessor shall provide and pay the cost of supplies for such repair and maintenance.. 10. The Lessor shall provide and pay for a suitable building standard sign which designates the Senator's office in accordance with Lessee's specifications. Lessor, at Lessee's request, shall include the Lessee's name in all building directories throughout the building at no cost to the Lessee. Changes to such directory shall be at no additional cost to the Lessee. 11. The annual rent set forth in paragraph four shall includc all applicable Federal, State and local taxes and duties. The annual rent shall include keys for the leased premises including any needed replacement keys as well as electronic security system passes if the building has such electronic security measures. 12. Capital improvements to the leased space shall be made only upon written application to and/ or written approval of the Lessor. Any improvement, physical modification or other alteration so requested or required after initial occupancy shall be at Lessor's expense, which may be recouped in the monthly rent subject to and upon prior approval of the Sergeant at Arms. All improvements shall be made in good workmanlike manner, and in accordance with all state and local building codes and in accordance with the American with Disabilities Act of 1990. 13. Notwithstanding any other provision in this lease or any amendment, modification or addition hereto, the maximum annual rate that may be paid to the Lessor for rental of the leased premises, fees associated with physical modifications, capital improvements, operating costs, or any other fee, rent adjustment or otherwise, sball at no time exceed the highest rate per square foot charged Federal agencies on the first day of the lease of such office by the Administrator of General Services, based upon a 100 percent building quality rating, for office space located in the place in which the Senator's office is located multiplied by tbe number of square feet contained in that office used by the Senator and his employees to perform their duties. 14. The building, grounds, parking accommodations and the leased premises (hereinafter referred to as the "facility") shall be readily accessible to and usable by individuals with disabilities in conformance with the Uniform Federal Accessibility Standards (USAD-appendix A to 41 CFR part 101.19.6) or the American with Disabilities Act Accessibility Guidelines for Building and Facilities (ADAAG-appendix A to 28 CFR part 36). If such facility is an historic property, such facility shall comply to the maximum feasible extent possible provided that the same will not threaten or destroy the historic significance of the facility. ----- . Agenda Item No. 16E3 March 14, 2006 Page 6 of 9 ~- 15. The Lessee enters into this lease on behalf of the United SUltes Senate. However, neither the Senate nor its Officers assume any liability for the performance of the agreement. Payments approved by the Sergeant at Arms and disbursed by the Secretary of the Senate of amounts due the Lessor by the Lessee under the terms of this lease are made solely on behalf of the Senator in the Senator's official and represenUltional capacity. The Lessor agrees to look solely to the Lessee for default of payment or otherwise, and such Senator, in his official capacity, assumes all liability for performance of this lease agreement. Lessor shall provide Lessee and the Senate Sergeant at Arms written notification of any default made by Lessee under the terms of this agreement. Prior to the Lessor Ulking any action against Lessee for default, Lessee shall have thirty (30) days to cure any default after receipt of written notification from Lessor; however, if such default cannot be cured within such period, Lessec shall have such reasonable period of time as needed to cure such default. Lessee shall not be subject to surcharges, charges, attorney's fees, interest, penalties or similar fees arising from Lessee's default or otherwise. 16. The Lessor and Lessee acknowledge that the United States Senate, as a self-insured entity of the United SUltes Government, is subject to the Federal Tort Claims Act, Chapter 171 of Tide 28, United SUltes Code, under which recovery may be sought through the Senate Sergeant at Arms for any injury or loss arising under this lease due to the negligent or wrongful act or omission of Lessee or any of Lessee's employees acting within an official scope and capacity. - 17. Notice under this agreement shall be delivered to the Lcssor at Real EsUlte Services Administration Building, 4th Floor, 3301 East Tarniami Trail, Naples, Florida 34112 and notice to the Lessee shall be delivered to the Lessee at the leased premises and the Office of the Sergeant at Arms of the United SUltes Senate, Room S-151, United SUltes Capitol, Washington, D. C. 20510. The parties agree that they shall provide a copy of this agreement to the Sergeant at Arms. 18. The Lessor certifies and warrants that the Lessor has no conflict of interest, direct or indirect, financial or otherwise, which would be applicable to the performance of the obligations covered by this agreement. If an allegation of a conflict of interest is brought to the attention of the United States Senate, the Lessor agrees to fully cooperate with any investigation of the allegation(s), and will disclose to the United States Senate any other contract(s) to which the Lessor is a party, public or private, or which the Lessor underUlkes during the period of this contract (including contracts entered into during the period of this contract which include duties to be fulfilled after the termination of this contract.) 19. This lease constitutes the entire agreement between the parties and each party hereto agrees and acknowledges that there are no other agreements, understandings or obligations except as those set forth herein. Any amendments, additions or modifications to this lease agreement which are inconsistent with the paragraphs set forth herein shall have no force and effect to the extent of such inconsistency unless modified by mutual written agreement by the parties and approved by the Senate Sergeant at Arms. 20. Time is of the essence with respect to each and every provision of this lease including delivery of the leased premises. All covenants, conditions and provisions of this lease shall be .- binding upon and shall inure to the benefit of the parties hereto and their tespective heirs, legal representatives, successors and assigns. --,------ --,- ___n . Agenda Item No. 16E3 March 14, 2006 Page 7 of 9 21. Lessor shall provide and pay for the cost of all labor, material, permits, drawings, measurements and! or any other costs related to the required construction and tenant improvements as detailed on the floor plan which is attached hereto and made a part hereof. Construction shall include, but not be limited to, construction of certain walls, new carpet and paint, installation of electrical outlets, cable TV outlets, and overhead lighting in accordance with all local and state building codes and the Ameticans with Disabilities Act of 1990. Upon Lessee's approval of the Lessor's layout, plans, and drawings, Lessee shall not be permitted to make any change to those documents that would incur additional cost to the Lessor. AS TO THE LESSEE: DATED: BY: SENATOR MEL MARTINEZ AS TO THE LESSOR: DATED: A TrEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk FRANK HALAS, Chairman Approved as to form a d gal sufficiency for LESSOR: Thomas . Palmer, Assistant County Attorney Agenda Item No. 16E3 006 Page oj 9 --. c- >< M'6:-r ,A , I I I ~ I I D , I I I I I I I D - IT3 I If" I I I ~ I i~ <l I I I ~ W l)cM;~cL r.--€Y"":c,'~') .- BUILDINC .. F" . - II .I>lWtIl.,CIJfJ1tI'Y& .I:Its- . CWoIIIJtCRllfn'.1'IoGlUJW - '" , FLOOR PLAN . IM;IUf'IU IUlfIMaIIT ~ == '" Q '" ~ -...----"'- -- - - --_.-------- 0_'._ ". "r'__ Agenda Item No. 16E3 March 14, 2006 Page 9 of 9 RESOLUTION No. 2006 - - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND UNITED STATES SENATOR MEL MARTINEZ FOR USE OF OFFICE SPACE WITHIN A COUNTY- OWNED BUILDING. WHEREAS, United States Senator Mel Martinez ("Senator") desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located within the Administration Building located at 3301 East Tamiami Trail, Naples, Florida. WHEREAS, the Lease Agreement provides for a two (2) year term, with an annual rent of $4,248.00 for each year. WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Senator and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Senator Mel Martinez. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this day of , 2006 after motion, second and majority vote. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk FRANK HALAS, Chairman APProv~s to fO~d tegal sufficiency: 10M ~ Thomas C. Palmer, Assistant County Attorney Agenda Item No. 16F1 March 14, 2006 Page 1 of 6 ,- APPROVAL OF BUDGET AMENDMENTS BCC Agenda of March 14, 2006 Transportation Services (101) Budget Amendment #06-158 Ooeratiru! Exnenses Electricity $19,000 Reserves Reserve for Contingencies ($19,000) Total -o- j Exnlanation: Funds are needed to cover FPL cost charged to FY 06 that are actually FY 05 costs for the months of July, August, September that were received in Transportation on November 5 FY 06 and were paid from FY 06. Transportation Services (101) ~ Budget Amendment #06-161 Ooeratine Expenses Minor Office Equipment $10,000 Reserves Reserve for Continfencies ($10,000) Total -0- Exnlanation: Funds are needed for increased costs in water and sewer services, paper supplies and copier costs, a separate dumpster for cardboard only and glass/plastic recycling dumpster requested by Facilities and 2 replacement fax machines. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB ,-- Pagelofl ..___o~_ Agenda Item No. 16F1 March 14, 2006 , Page 2 01 6 I ~ BUDGET AMENDMENT REQUEST ~~:~~06"~~sr rnu~anr JE#.................. .............. BAR#....................... . A.P.R. Date....................... FEB .2 3 lO06 '-' Fund Number Fund Description Transportation Svc Date Prepared: 02/1 0106 Attach Executive Summary '4P..~.bf BCCJ&t\ 5h '11 Olu ,.,'" Ii.: , Expense Budget Detail I Fund Center Title: Transportation Services Fd Ctr No.: 163609 WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information; it is not reauired to nrnvide both. Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budl!et 163609 643100 Electricity 19,000 73,400 92,400 ~ Net Change to Budget 19,000 /' -- Expense Budget Detail Fund Center Title: Reserves Fd Ctr No.: 919010 WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information; it is not reauired to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (Decrease) Budl!et Budl!et 919010 991000 Reserves for Contigency (19,000) 1,029,800 1,010,800 Net Change to Budget (19,000) I Expense Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (provide the Fund Center Of WBS element information; it is not reauired to rovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (Decrease) Budl!et Budl!et - Net Change to Budget ,.__e""" .-~--"... ~._.- Agenda Item No. 16F1 March 14, 2006 Page 3 of 6 Revenue Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information; it is Dot required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Bud2et Net Change to Budget EXPLANA nON Why are funds needed? To cover FPL cost charged to FY 06 that are actually FY 05 costs for the months of July, August, September that were received in Transportation on November 05 FY 06 and were paid from FY 06. Where are funds available? Funds are available in 101 reserves. REVIEW PROCESS DATE Cost Center Director: ~ivision Administrator: 66 ~~?." Bud et De artment: Finance De artment: Clerk of Board Admin.: --"p"",,- "~.~~-".'" " -~ - Agenda Item No. 16F1 March 14, 2006 Page 4 ot 6 ~- RUDGET AMENDMENT REQUEST For BUdget/F~ce Use Only T~U~U~~ BA#.......... . ~/b.{...... , JE#................................. M FEB 2 8 2006 ~ BAR#............ ................. A.P.M. Date....................... Fund Number ".~ und Description Transportation Svc Date Prepared: 02/23/06 Attach Executive Summary Approved by BCC on: .f./N/Or.. Item No,: Expense Budget Detail Fund Center Title: Transportation Services Fd Ctr No,: 163609 WBS Element Title: WBS No.: (Provide the Fund Center or WBS element infonnation; it is not I'l"nuired to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (Decrease) Budl!et Budl!et 163609 651910 Minor Office 1,000 500 1,500 Eauioment 163609 651110 Office Supplies 4,000 8,000 12,000 - 163609 643300 Trash & Garbage 2,500 3,100 5,600 163609 646710 Office Equip R&M 2,500 8,000 10,500 - Net Change to Budget 10,000 -~ Expense Budget Detail Fund Center Title: Reserves Fd Ctr No.: 919010 WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information; it is not reauired to orovide both. Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budl!et 919010 991000 Reserves for Contigency (10,000) ~ \ ~ ""l_'\ >v..:z."'> \. ~ ",,,,1 i 'c~': ," ! ,,'( , " f! )j~~ Net Change to Budget (10,000) Expense Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information; it is not T'f'nuired to rovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (Decrease) Budl!et Budl!et - Net Change to Budget .,._--'" .~.. ----'.- ~ Agenda Item No. 16F1 March 14, 2006 Page 5 of 6 , Revenue Budget Detail i Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (Provide the Fund Center or WBS element infonnation; it is not ll::CIuired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Budget Net Change to Budget EXPLANA TION Why are funds needed? Funds are needed for increase costs in water and sewer services, paper supplies and copier costs, a separate dumpster for cardboard only and glass/plastic recycling dumpster requested by Facilities and 2 replacement fax machines. Where are funds available? Funds are available in 101 reserves. REVIEW PROCESS DATE Cost Center Director: ~/vu Division Administrator: "!..-: '"':..-3. -:.._, Finance De artment: Clerk of Board Admin.: Agenoa 11em Nn. 1p',F-1 M3.rcn 14,2006 F';1ge601f, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - It.mNumb.r: 1~F1 Item Summary: Ap<"ove BudWcl Am"mJm",nlli Me.tingOale; 3/14/Zr"Jf9GO:llf,AM AppnlvedB}' OMBC""..dinnj,,' A<imin;....ratov" A~6,~j~nl 0- C"'lnly M",,~g~r'..OHk'" Offie~ "I M~n~,,!.'mo"l Ii. BLJ<lg~t ),'\!2006R:S2.AM Approved By "hel"'''\ ~,n~k{Ow~~1 Man~g"n,,,"I1!. B...i,,!'" Di,,,,,t'" 0,,1. County M3""~I''''s OHic" Orric"ntMan"llE'"'~''' &Budqel 31112Il(lce<'9!'M Approved By L~o E. Och~, Jr DepulyC"unty Man3l:1'" 0.. Boa'~ oj COllM\Y C"mm'S6;{One'~ C",mty M~n~(le'5 Oh,ce 3;zwmfl 3:32 PM ,.-. - """- -..-0- -_.. ~--,.- Agenda Item No. 16F2 March 14, 2006 Page 1 of 27 -- EXECUTIVE SUMMARY Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Power Cots Program in the amount of $293,384.00. OBJECTIVE: To receive approval from the Board of County Commissioners to submit a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Power Cots Program, which will provide equipment that is properly designed and functional for the task of moving patients/victims. CONSIDERATIONS: Collier County Emergency Medical Services has been facing mounting workers compensation costs over the past two years. It is the goal of Collier County EMS to reduce the number of injuries to our personnel, as well as the cost of workers compensation. Collier County has instituted several practices in an attempt to curb these injuries, including a revamp of New Hire Safety Orientation for EMS where participants spend four hours reviewing body mechanics and other range of motion techniques to complete job tasks where injuries have plagued EMS in the past. According to Risk management, most back strains arise from stretcher operations. The Collier County Risk Management Department staff worked with the stretcher _. vendor to identify common areas of misuse; prepared a videotaped presentation and used the video as part of awareness level training. Even with these efforts, EMS is still experiencing losses due to strains and sprains related to stretcher injuries. Research indicates that this is a problem industry-wide and this has led to the development and manufacture of motorized stretchers, also known as power cots. This matching grant application is seeking funds to acquire 31 power cots, which will equip each ambulance. These cots are motorized to raise and lower a patient vs. the manual operation of existing stretchers, which requires two or more personnel to operate. The acquisition and use of this equipment will result in reduced injuries to personnel and patients as well as the costs associated with these injuries, i.e. loss of time, workers compensation claims, overtime to fill vacancies, as well as medical expenses. This application is requesting $220,038.00 (75%) from the State of Florida. Collier County's match would be $73,346.00(25%) of the total of $293,384.00. 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. FISCAL IMPACT: $220,038.00 (75%) would be funded by the State of Florida Emergency Medical Services Matching Grant Program. Collier County EMS Fund 490 would provide a 25% match of the total program in the amOtU1t of $73,346.00. Funds will be allocated to and disbursed from Fund 491 - EMS Grants. GROWTH IMP ACT: There is no Growth Management Impact resulting from this action. """-" ,. ,.~.~,""""~ ."",..",..~., , Agenda Item No. 16F2 March 14, 2006 Page 2 of 27 .- RECOMMENDATIONS: That the Board of County Commissioners: 1. Approve the Florida Emergency Medical Services Matching Grant Application and the Grant Distribution Form requesting grant funds be remitted to the Collier County Board of Commissioners. 2. Authorize the Chairman to execute the documents listed in number I above. PREPARED BY: Jeff Page, Chief, Emergency Medical Services ,- /"". Aaell(ialtem ~ r-/arch Pa!::t' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "'_. Item Number: lflF2 Item Summary: R"COrrlrnflndallol1 10 approve the ~ub!lliltill of ~ Florid" ErnHW;rlcy Medic:'!! S"rv,';es Makhing Gra"t A;>r,llcal;<1n and Granl Distribulir,n Form for \h~ Power Cots Progrilrn In the am,'untof$2~n,3a4.00 Meeting Oet': 311~i2{)(!r;\lOMJOAM Prepared By J..fiPag& EMSChi",f ',m Bur""u o:>fEm"rgen"~ 'M' 2f2.4!20G64:11;OOPM 5.."';(;<>" Approved By J..ffPage EMS Chief D~tIl BLJf03UofEmergency 'MS 2/2&'100&2:37 PM S.,,,,lces ApprovcdBy Len Goldun P...c~ Adrnini$trat'lIes..rvh:(<~Acl'ni";~lmto' D.. Adn"";fil"I\i~(: S",~k_u Adm;ni3trnt,voS"rviC6$Admin. 3J1120063,:13PM Approved By D~f(;yWald'o" S"nio, Admlnisl,atlv.. AS$lslanl Dnl~ C"unty t.'I2Inag<;"" Office Em..rg&tlcyMa""\I"m~nt 3;2l20062,(l4PM ApprovcdBy DanE_Summ&rs B"r~allofEm"'g,,,'e15""';r.HO;'~ctor Dale Co"nly M~tlll,I"r'~ Offica BU'0311 at EnW'II"""Y S"rvi,,~," Ji2Il111162:12PM Approved By OMBC""rdiflat,,, Admifll!l.tr~ti~~ A"si~la"t 0.. Co"nty Manager's Offke OW~.. of Ma""g~m"tlt & Budg~t 3I3f2.0{)~ B,!'>9AM Al'pro\'edBy M;cha~15mykowsk; Manag~m"fll&B(jdg"IDlr"ct<>' Oat" C,,"nty M.'''a9~(s Office Offi"""i Manall"m""t& BlId\l"1 3i3:20064,1OPM .-. Al'provcdBy L",,,,E.Ocr.s,Jr, OepUlyC",,,nlyM~Mge' O"t~ Boa,<l01 C""""Y C<>moni~5i"n(>ts Co"ntyM"na\l~(,;Ofl;"" J{~l200~ 3;5B PM .-- ~~~.,._~ - ~..---.--.-.- .~. --. .,. Agenda Item No. 16F2 March 14, 2006 Page 4 of 27 ORIGINAL /,,' (O~lf~~~ '\ -"""'~) :::1 Emergency Medical Services Matching Grant Application Power Cots Program 2006 Agenda Item No. 16F2 March 14, 2006 Page 5 of 27 - Collier County Emergency Medical Services Department Emergency Medical Services State Matching Grant Application State Matcmn!! Grant for Power Cots ADDlication Attachments: 1. Grant Application 2. Attachment A: Stryker Price Proposal 3. Attachment B: "Illness and Injury in Emergency Responders," Men!ine!, December 2004 7. Attachment C: Collier County Demographic Characteristic: 2000, US Census Bureau, Table DP-l - - - .--- 0- _....---- Agenda Item No. 16F2 March 14, 2006 Page 6 of 27 EMS MATCHING GRANT ApPLICATION FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application T e of Grant Re uested: Rural ~ Matchin ID. Code The State Bureau of EMS will assi n the ID Code - leave this blank 1. Oraanization Name: Collier County Board of County Commissioners 2. Grant Sianer: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Frank Halas Position Title: Chairman Address; 3301 E. Tamiami Trail Citv: Naples County; Collier State: Florida ZiD Code: 34112 Telephone: 239.774.8459 Fax Number: 239-7754454 E-Mail Address: jeffpage@colliergov.ne! 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Jeff Page Position Title: Chief, Emeroencv Medical Services Address: 2705 So. Horseshoe Drive City; Naples County: Collier State: Florida Zip Code: 34104 Telephone: 239-774-<1459 Fax Number: 239-7754454 E-mail Address: jeffpage@colliergov.nel DH Form 1767, Rev. June 2002 3 Agenda Item No. 16F2 March 14, 2006 Page 7 of 27 - 4. Leaal Status of Aoolicant Oraanization (Check onlv one response): (1) I:J Private Not for Profit [Attach documentation-501 (3)@] (2) I:J Private For Profit (3) I:J City/MuniclpalityfTownNillage (4) El County (5) I:J State (6) I:J Other (specify): 5. Federal Tax 10 Number (Nine Diait Number). VF 2 j.2.Q.Q.Q.2 .H. 6. EMS License Number: 002.(.<,,7 Type: ~Transport lONon-transport IQ]Both 7. Number of permitted vehicles by type: _BLS E..-ALS Transport _ALS non-transport. 8. Type of Service (check one): ORescue [:lFire l:.:IThird Service (County or City Government, nonfire) QAir ambulance: !:!Fixed wing DRotowing nBolh DIOther (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuina EMS education in this project. [No signature is needed if medical equipment and professional EM education are . project.] - <:.-/2-7/0h Signature: Date: /. , ~ Print/Type: Name of Director Robert B. Tober, MD FACEP FL Med. Lie. No. MEOO030S91 Note: All organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical e ui ment and/or continuin EMS education. If your activity is a research or evaluation project, omit Items 10, 11, 12, 13, and skip to Item Number 14. Otherwise roceed to Item 10 and the followin items. 10. Justification Summarv: Provide on no more than three one sided, double spaced pages a summary addressing this project, covering each topic listed below. A) Problem description (Provide a narrative of the problem or need); B) Present situation (Describe how the situation is being handied now); C) The proposed solution (Present your proposed solution); D) Consequences if not funded (Explain what will happen if this project is not funded); E) The geographic area to be addressed (Provide a narrative description of the geographic area); F) The proposed time frames (Provide a list of the time frame(s) for completing this project); G) Data Sources (Provide a complete description of data source(s) you cite); H) Statement attesting that the proposal is not a duplication of a previous effort (State that this project doesn't duplicate what you've done on other grant projects under this grant program). DH Form 1767, Rev. 2002 .~-. 4 .....u___._.__..._ -.----'--. -,---.._"" ..'.,---- Agenda Item No. 16F2 March 14, 2006 Page 8 of 27 10) Justification Summary Problem DescriDtion Collier County Emergency Medical Services has been facing mounting workers compensation costs over the past two years. It is the goal of Collier County EMS to reduce the number of injuries to our personnel, as well as the cost of workers compensation. In 2004, there were 34 incidents totaling $43,726 in workers compensation claims. In 2005, there were 27 incidents totaling $79,208 in workers compensation claims. Approximately one-third of these claims were due to injuries stemming from lifting patients. These types of injuries are usually the most costly, due to loss oftime, overtime to fill vacancies and workers compensation claims, medical treatment and rehabilitation. According to a December 2004 article entitled "Illness and Injury in Emergency Responders," published by Merginet, "Among the 21,700 EMS workers treated. . . slightly more than 39 percent were injured while lifting, holding, carrying objects or people, or from overexertion or repetitive motion. As stated in an article entitled "From Provider to Patient: Injured in the Line of Duty," published by EMS Magazine (August 2005), ". . . EMS providers are generally at greater risk for certain types of injuries _ back injuries prominent among them." Also mentioned, "Lifting caused more than 62% of such back injuries, and the injuries were recurrent in 31 % of personnel." Present Situation The research results outlined in these articles indicate that these injuries are an industry-wide problem. Collier County has instituted several practices in an attempt to curb these injuries, including a revamp of New Hire Safety Orientation for EMS where participants spend four hours reviewing body mechanics and other range of motion techniques to complete job tasks where injuries have plagued EMS in the past. According to Risk management, most back strains arise from stretcher operations. The Collier County Risk Management Department staff worked with the stretcher vendor to identify common areas of misuse; prepared a videotaped presentation and used the video as part of awareness level training. Even with these efforts, EMS is still experiencing losses due to strains and sprains related to stretcher injuries. Agenda Item No. 16F2 March 14, 2006 Page 9 of 27 .- It is this type of research as well as the number and cost of workers compensation claims that compelled Collier County EMS to look at power cots. Additionally, the number of injuries at Collier County EMS have not only been costly financially, but have seriously aud adversely affected the lives of the personnel who have been injured. Proposed Solution Acqurre the needed funds to provide power cots that can effectively reduce the lifting factor by up to 250-300 pounds per EMS crewmember/per calL Rather 1han manually lifting the stretcher, with patient, all that is required is the touch of a button to raise and lower the stretcher. These power cots are also ergonomically superior to the manual stretchers. The change from manual to power stretchers will dramatically reduce the amount of lifting involved in patient transport, thus alleviating much of the strain due to lifting and also eliminating other stretcher-related injuries, such as pinched fingers and even worse, dropped patients. This will result in reduced injuries to personnel and patients as well as the costs ,-, associated with these injuries. The overall savings realized by the reduction of injuries will effectively offset the initial cost ofthese power cots. Conseauences if Not Funded If this project is not funded, we will continue to be unable to obtain funding through our annual budget process. Personnel will continue to be injured, resulting in the high cost of workers compensation, overtime and medical expenses. Patient safety will continue to be at risk. Collier County will continue to identify innovative ways to reduce injuries, but the replacement of power stretchers for the manual stretchers would be offer enormous headway in reducing these types of injuries. Geol!raphic Area Collier County encompasses 2,025 square miles with a permanent population of251,000 (based on the 2000 census). Nearly 20,000 workers increase the population each day. This area includes urban, rural and remote locations. The miles of beaches, three airports and numerous marinas attract a multitude ,- of visitors each day, swelling the population level during peak season. .", - .'- --- Agenda Item No. 16F2 March 14, 2006 Page 10 of 27 ~ Time Frames Receive State Award Purchase and Acquire 31 Power Cots 90 days Train and Distribute 90 days Project will be completed within one year. Data Sources Workers Compensation Statistics - Collier County Risk Management Department Stryker Price Proposal (Attachment A) "Illness and Injury in Emergency Responders," Men;dnet, December 2004 (Attachment B) "From Provider to Patient: Injured in the Line of Duty," EMS Magazine, August 2005 County Demographic Characteristic: 2000, US Census Bureau, Table DP-l (Attachment C) Attestinl! Statement ---" No other applications have been submitted for State grant funding for this equipment. ._, r_".~.~,,_ .~._-,- Agenda Item No. 16F2 March 14, 2006 Page 11 of 27 - Next, only complete one of the following: Items 11, 12, or 13. Read all three and then select and com lete the one that ertains the most to the recedin Justification Summa 11. Outcome For Proiects That Provide or Effect Direct Services To Emeraencv Victims: This may include vehicles, medical and rescue equipment, communications, navigation, dispatch, and all other things that impact upon on-site treatment, rescue, an.d benefit of emergency victims at the emergency scene. Use no more than two additional one sided, double-spaced pages for your response. Include the following. A) Quantify what the situation has been in the most recent 12 months for which you have data (include the dates). The strongest data will include numbers of deaths and injuries during this time. B) In the 12 months after this project's resources are on-line, estimate what the numbers you provided under the preceding "(A)" should become. C) Justify and explain how you derived the numbers in (A) and (B), above. OJ What other outcome of this project do you expect? Be quantitative and explain the derivation of your figures. E) How does this integrate into your agency's five year plan? 12. Outcome For Trainino Proiects: This includes training of all types for the public, first responders, law enforcement personnel, EMS and other healthcare staff. Use no more than two additional one sided, double-spaced pages for your response. Include the following: A) How many people received the training this project proposes in the most recent 12 month time period - for which you have data (include the dates). B) How many people do you estimate will successfully complete this training in the 12 months after training begins? C) If this training is designed to have an impact on injuries, deaths, or other emergency victim data, provide the impact data for the 12 months before the training and project what the data should be in the 12 months after the training. D) Explain the derivation of all figures. E) How does this integrate into your agency's five year plan? 13. Outcome For Other Proiects: This includes quality assurance, management, administrative, and other. Provide numeric data in your responses, if possible, that bear directly upon the project and emergency victim deaths, injuries, and/or other data. Use no more than two additional one sided, double- spaced pages for your response. Include the following. A) What has the situation been in the most recent 12 months for which you have data (include the dates)? B) What will the situation be in the 12 months after the project services are on-line? C) Explain the derivation of all numbers. D) How does this integrate into your agency's five year plan? DH Form 1767, Rev. 2002 _. 5 --,-..-- --_._-,-'--~'--"""-. ._._--~ Agenda Item No. 16F2 March 14, 2006 Page 12 of 27 11) Outcome For Proiects That Provide or Effect Direct Services To Emerl!encv Victims: The department currently maintains a total of thirty-one (31) ALS transport ambulances. Twenty- one of these units are staffed and equipped in accordance with the Advanced Life Support guidelines required by State EMS statutory regulations and operational 2417. The other ten vehicles are available for backup for peak demand and equipment breakdowns. These alternate ten units are also equipped in accordance with the Advanced Life Support guidelines required by State EMS statutory regulations. Each unit is equipped with a manual stretcher. During the period October I, 2004 - September 30, 2005, Collier County EMS responded to approximately 40,000 incidents. Of these, approximately 23,000 resulted in transports to local area hospitals. The acquisition of the thirty-two power cots will aid in the safe and efficient movement of patients, while protecting EMS personnel from injuries frequently incurred in this process. During fiscal year 2005 (October I, 2004 - September 30, 2005), Collier County's Risk Department reported a total of 27 workers compensation incidents, 8 of which were related to moving/carrying patients. Typically, these types of injuries are usually the most costly, due to loss of time, overtime to fill vacancies and workers compensation claims, medical treatment and rehabilitation. While this was a reduction in the I3 of the 34 incidents in 2004, the average lost workdays grew from an average of 4 per incident in 2004 to 4.6 per incident in 2005, and restricted workdays increased from an average of 7.4 per incident in 2004 to 32.8 in 2005. The current rates for lifting injuries provided by the County Risk Management Department for workers comp injuries should see a minimum of 25-50% improvement in strain injuries associated with stretcher usage. In addition, the utilization of power cots by firefighters from the various districts in Collier County, who often assist in stretcher operations, will also experience a reduction in stretcher related injuries. The Collier County EMS Department continues its efforts to improve the safety of its work place by closely participating with the County's Risk Management Department Safety Review Board. One of the main goals of this group is to reduce the risk for injury for the County's Paramedics and Firefighters Agenda Item No, 16F2 March 14, 2006 Page 13 of 27 ,- during normal and disaster type situations, In addition, safety is a key element of our five-year business plan, which states, "Efforts will be placed on personnel and equipment safety . , ," The replacement of manual stretchers with power cots will assist in satisfying the goal of improving the safety and injury rate for EMS personnel involved in the movement of patients in routine and disaster situations. --- .,.- ."., 0-'_. .. .-....~---_. ----- Agenda Item No. 16F2 March 14, 2006 Page 14 of 27 Skip Item 14 and go to Item 15, unless your project is research and evaluation and you have not com leted the recedin Justification Summa and one outcome item. 14, Research and Evaluation Justification Summary. and Outcome: You may use no more than three additional one sided, double spaced pages for this item. A) Justify the need for this project as it relates to EMS. B) Identify (1) location and (2) population to which this research pertains. C) Among population identified in 14(B) above, specify a past time frame, and provide the number of deaths, injuries, or other adverse conditions during this time that you estimate the practical application of this research will reduce (or positive effect that it will increase), D) (1) Provide the expected numeric change when the anticipated findings of this project are placed into practical use. (2) Explain the basis for your estimates. E) State your hypothesis. F) Provide the method and design for this project. G) Attach any questionnaires or involved documents that will be used. H) If human or other living subjects are involved in this research, provide documentation that you will comply with all applicable federal and state laws regarding research subjects. I) Describe how you will collect and analyze the data. 15. Statutory Considerations and Criteria: The following are based on s. 401.113(2)(b) and 401.117, F.S. Use no more than one additional double spaced page to complete this item. Write N/A for those things in this section that do not pertain to this project. Respond to all others. Justify that this project will: A) Serve the requirements of the population upon which it will impact. B) Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department. C) Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law, rule or regulation of the department. D) Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. E) Enable your organization to improve or expand the provision of: 1) EMS services on a county, multi county, or area wide basis. 2) Single EMS provider or coordinated methods of delivering services. 3) Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services. DH Form 1767, Rev. 2002 6 Agenda Item No, 16F2 March 14, 2006 Page 15 of 27 - 15) Statutorv Consideration and Criteria A. Serve the requirements of the population upon which it will impact. The acquisition of these power cots will aid in the timely, safe and efficient movement and transport of patients/victims during routine and disaster situations, B. Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department. Subsection 401.25 (2)(b), Florida Statutes, reads: "The ambulances, equipment, vehicles, personnel, communications systems, staffmg patterns, and services of the applicant meet the requirements of this part, including the appropriate rules for wither a basic life support service or an advanced life support service, whichever is applicable." C. Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law, rule or regulation of the department. ..'-- See reply to paragraph B, immediately above, D. Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. N/A E. Enable your organizatiou to improve or expand the provision of: 1. EMS services on a county, multi county, or area wide basis. MOUs with fIre districts, mutual aid agreements with surrounding counties and statewide disaster response plan. 2. Single EMS provider or coordinated methods of delivering senices. Will increase productivity and enhance unit availability, 3. Coordination of aU EMS communication links, with police, fire, emergency vehicles, and other related services. - N/A ,"--,--- .-...... -"-'--'~ _._-"-~---- Agenda Item No. 16F2 March 14,2006 Page 16 of 27 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Number of Months After Grant Starts BeClin End Receive State Funding Purchase/Acquire 31 Model 6500 Power.Pro Ambulance Gots 30 days 90 days Train and Distribute 90 days 180 days 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. All funds allocated under the EMS county grant program have already been targeted for other critical projects. DH Form 1767, Rev. 2002 7 Agenda Item No. 16F2 March 14, 2006 Page 17 of 27 - 18. Budaet: Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount why each of the positions and the numbers of salary per hour, FICA per hour, of hours are necessary for this project. fringe benefits, and the total number of hours. N/A TOTAL: Expenses: These are travel costs Costs: list the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an price identified. necessary to this project. agency, such as, commodities and supplies of a consumable nature, excludinq expenditures classified as operating capital outlay (see next cateaa-rvl. -- N/A I I I TOTAL: $ DH Form 1767, Rev. 2002 - 8 --. '-'- ---------- Agenda Item No. 16F2 March 14, 2006 Page 18 of 27 Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source(s) used to component of this project. tangible personal property of a identify the price. non consumable and non expendable nature, and the normal expected life of which is 1 year or more. Model 6500 Power-Pro Ambulance Cot $8,760.00 (Mfgr. quote) Grant would provide 1 co! per ALS transport unit. 3-stage IV Pole 206.40 (Mfgr. quote) Foot End Oxygen Bottle Holder 110.40 (Mfgr. quote) Base Storage Net 116.00 (Mfgr. quote) Head End Flat Storage Pouch 83.20 (Mfgr. quote) Equipment Hook 33.60 (Mfgr. quote) Pocketed Backrest Pouch 154.40 (Mfgr. quote) Sub-Total $9,464.00 X 31 Units TOTAL: $ 2!=l:L3R41lO State Amount (Check applicable program) !:lI Matching: 75 Percent $ 220,038.00 ii:l Rural: 90 Percent $ Local Match Amount (Check applicable program) I\i:J Matching: 25 Percent $ 73,346.00 lID Rural: 10 Percent $ Grand Total $ 293,384.00 DH Fonn 1767, Rev. 2002 9 Agenda Item No. 16F2 March 14, 2006 Page 19 of 27 - 19. Certification: My signature below certifies the following. I am aware that any omissions, falsifications, misstatements, or misrepresentations in this application may disqualify me for this grant and, if funded, may be grounds for termination at a later date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I agree that any and all information submitted in this application will become a public document oursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes material which the applicant might consider to be confidential or a trade secret. Any claim of confidentiality is waived by the applicant upon submission of this application pursuant to Section 119.07,F.S., effective after opening by the Florida Bureau of EMS. I accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. I, the undersigned, understand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. I certify that the cash match will be expended between the beginning and ending dates of the -- grant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in his application shall be committed and used for the activities approved as a part of this grant. Acceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the labove and also accept the attached grant terms and conditions and acknowledge this by signing below. I I Signature of Authorized Grant Signer MM I DD I YY -(Individual Identified in Item 2) DH Form 1767, Rev. June 2002 ~ '" ". ... ", ~ ','"" -,' A~ow~~::m~J~ -= 'fft < b_~~1 - 12e~~ t\~vl0 10 ------ ~-,- Agenda Item No. 16F2 March 14, 2006 Page 20 of 27 FLORIDA DEPARTMENT OF HEAL TH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of pre-hospital EMS. DOH Remit Payment To: Name of Agency: Collier County Board of County Commissioners Mailing Address: 3301 E. Tamiami Trail Naples, FL 34112 Federai Identification Number 59-6000558 Authorized Agency Official: Signature Date Frank Halas, Chairman A Type Name and Title u &-t B. BBOClI. GUll Sign and return this page with your application to: or: Florida Department of Health -Pi ~r-.~ C L~ Av( BEMS Grant Program 4052 Bald Cypress Way, Bin e18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant ID Code: Approved By: Signature of EMS Grant Officer Date State Fiscal Year: - Oraanization Code E.D. DCA Object Code 64-25-60-00-000 N - N2000 7 Federal Tax 10: VF --------- Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 J\p~ililitll1~~1 ~ _. 1;~-K7~~- ~ -"'"-- _ c 4 . . '~"_:~~":-'c.-..".. . . ltQll:lt (~""'~.'~?""" .& "^ ~...4;'J' '-"""'0:tn~:J' 11 Agenda Item No. 16F2 March 14, 2006 Page 21 of 27 - Attachment A Stryker EMS Price Proposal EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM - Collier County Emergency Medical Services March 2006 - ---.--.-"..-.----- Sales Proposal Sffi&~ EMS Equipmenl Quotation Date: 02/21/06 Quote Number: 0013805 SHIP TO ADDRESS: Jamie Witham Collier County EMS Territory Manager 3301 East Tamiami Trail, Bldg H 3800 E Centre Ave Naples, FL 34112 Portage, MI 49002 t: 239-530-6285 (800)669-4968 Exl8879 Voicemail f: 239-775-4454 (407)386-3341 Fax Email: bavartiercDcollieraov.ne1 iamie. witham@strvker.com List Price Unit Price ExtSell 31 ea Model 6500 Power-Pro Ambulance Col(s) $ 10,950.00 $ 8,760.00 $ 271,560.00 Standard Features Include: Single adjustable wheel lock (Now Standard/) 700-lb weight capacily Stryker's dual-speed power-lift syslerr Integrated power and usage meter Integrated fool-end pull handle Positive action manual back~up system Single-hand capable, telescoping head section Backrest~mounted monitor hook User~adjustable load height presets X~frame guards Oversized wheels with sealed caster wheel bearings High visibility powder-coated frame Safely Hook Bolster Mattress Patient restraint package and in-service video 2-year parts/labor/travel warranty on entire cot (1 year on all soft goods - mattress, restraints, and pouches 3 years partsllabor/travel warranty on X-frame and limited powertrain components: all welds are warranted for life of the co Selected Ootions and Accessories 31 6500-215-000 3-5lage IV Pale (patienl right) $ 258.00 $ 206.40 $ 6,398.40 31 6070-140-000 Foot End Oxygen Bottle Holder $ 138.00 $ 110.40 $ 3,422.40 31 6500-160-000 Base Storage Net $ 145.00 $ 116.00 $ 3,S96.00 31 6500-128-000 Head End FlalStorage Pouch $ 104.00 $ 83.20 $ 2,579.20 31 6500-147-000 Equipmenl Hook $ 42.00 $ 33.60 $ 1,041.60 31 6500-130-000 Pockeled Backrest Pouch $ 193.00 $ 154.40 $ 4,786.40 $ 11,830.00 $ 9,464.00 $ 293,384.00 Proposal Total (Including Freight):1 $ 293,384_00 I Pricing is valid through 09/30/06 TO PLACE AN ORDER, PLEASE FAX YOUR PURCHASE ORDER TO: Stryker. EMS Equipment, Attn: Jamie Witham Office: 1028 Buckbean Br Ln W, Jacksonville, FL 32259 Phone: 904-287-0824; Fax: 407-386-3341 Include your billing/shipping addresses, desired delivery dates, signature and terms (net 30). THANK YOU! Orner subject to approval by Stryker Corporation. Taxes will be invoiced as a separate item when applicable. Credit cannot be allowed on returns of special ormodffied items. All approved returns will be accepted ONLY In Kalamazoo, Michigan. Proposals are effective 30 days from submittal. Rcc('ivin~ Contact Name: I I Heceiving Phone Number: I Loading Dock: YFS NO I lBoxcd Unboxt'd (Circle One) _J I Dock hrs: SaJesRep: I Po#:1 Comments: II ! r. ~ ~ - (1 i::: : ~ m t ~ \: ~" _ if. Q ::r. ~. E ., . .." " ~ ~ l:: ~ III ,,:~ 8. & !Il Ill.. III I ~ ~~ "" r:; is ; t ,H, . mil: =~ ~~~ ~t , .. ,,' I .. . ~"li H J: C F l- & ~ -..:.......~ ~ i , -ei !!l~ "' a ~ ~ ~ nt ,o, ,', ~~~"'1 ~ ".".~,- 1',0 ~'"";""'" -"." "".;:i~:,. - _. ~ . 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C''' E I) <i' .: -= "";:; 'J;;:' C .. ~ UJ u. a:: -,.-_-.--...---- -.--"-,_._---'--~ - Agenda Item No. 16F2 March 14, 2006 Page 24 of 27 "'" Attachment B Illness and Injury in Emergency Responders EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM -- Collier County Emergency Medical Services March 2006 "-... h__'"__,,_,,,__ ,_.,.~ ..,. ---..- _.._"M._..'_.__........_.~,__..,,'~..,_. ._'-"'-"--~ Agenda Item No. 16F2 March 14, 2006 Illness and Injury in Emergency Responders Page 25 of 27 ._,- By J. M. Hendry December 2004, MERGINET-Preliminary findings from the National Institute for Occupational Safety and Health appear to confirm what emergency response personnel already suspect-EMS responders receive most of their injuries from overexertion or repetitive body motions, firefighters receive more injuries from fire and/or explosions and law enforcement responders are frequently injured during assaults and/or violent acts. The majority of diagnosed injuries among all emergency response personnel are strains and sprains, reports Audrey Reichard, MPH, OTR, and Larry L. Jackson, PhD, both of the Division of Safety Research in West Virginia, however such injuries are more prevalent among EMS responders. The team used National Electronic Injury Surveillance System data to estimate the number of injuries and illnesses among civilian emergency response personnel treated in emergency departments from 2000 to 2001. They presented their preliminary findings during the recent American Public Health Association meeting in Washington, DC. "EMS workers most commonly experience injuries due to stress or strain from body motions," Reichard told Merginet, noting that approximately 60 percent of these injuries are to the neck and back. Among the 21,700 EMS workers treated during this period, slightly more than 39 percent were injured while lifting, holding, carrying objects or people, or from other overexertion or repetitive motion. Similar types of motions accounted for about 20 percent of _ the injuries among the 37,000 firefighters, and for about 19 percent of the injuries among the 63,800 law enforcement responders treated. Fires and/or explosions caused more than 32 percent of firefighter injuries, while contact with objects and/or equipment caused about 17 percent and falls accounted for more than 11 percent of their treated injuries. Assaults and violent acts accounted for 25 percent of the injuries among law enforcement responders, while contacts with objects and/or equipment caused more than 15 percent of their injuries. About 14 percent of their injuries were transportation related. EMS and law enforcement responders experienced a higher prevalence of illness or injury from exposures to another person than did firefighters. Slightly more than 30 percent of EMS and 25 percent of law enforcement workers, compared with less than 5 percent of firefighters, received treatment for such exposures. The investigators are currently working on a more detailed data analysis of work-related injuries and illnesses within the occupations of EMS workers, firefighters and law enforcement officers. They suggest that future research on non-fatal injuries and illnesses among these groups focus on the differences between those who serve as volunteers vs. those who are career employees. ",-, http:/ /www.merginet.com/career/wellnesslIllnessandInjuryinEmergencyResponders.cf'm 11/7/2005 ._-----'~ - ~._-,- .-- Agenda Item No. 16F2 March 14, 2006 Page 26 of 27 _. Attachment C Collier County Demographic Characteristics EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM -",-- Collier County Emergency Medical Services March 2006 - ..--.-----------"... , "~~'." - ..,--~- , - ,~".~._--^-_.- Agenda Item No. 16F2 Maroh 11, 2006 Page 27 of 27 Table DP-l. Profile of General Demographic Characteristics: 2000 ..-. Geographic area: Collier County, Florida (For information on confidentiality protection, nonsampling error, and definitions, see text] Subject Number Percent Subject I Number Percent Total population.....",.........,.....,.. 251,377 1 00.0 HISPANIC OR LATINO AND RACE Total population. . . . . . , . . . . . . , , . . . . . , , . . . . 251,377 100.0 SEX AND AGE Hispanic or Latino (of any race). . . , . . . 49,296 19.6 Male. 125.856 50.1 Mexican. 28,382 11.3 Female. . ....... 125,521 49.9 Puerto Rican. ...,. 3,071 1.2 Under 5 years 13.441 5.3 Cuban . .,." .... 6.860 2.7 ........ .... 57 Other Hispanic or Latino. 10,983 4.4 5to9years.. ...... .. 14.444 202.081 80.4 10 to 14 years . I 13.677 5'4 Not Hispanic or Latino. ..,0" j 5:3 White alone. 185.517 73.8 15 to 19 years . i 13,382 ......... 20 to 24 years . I 11,708 4.7 RELATIONSHIP , 25 to 34 years . 28.262 11 2 ~ I . I 251,377 100,0 . otal popu atlon. . . . . . . . . . . . . . . . . . . , . . , . . . : 35 to 44 years . . 33.458 13.3 In households. ....1 246,587 98.1 45 to 54 years. 29,515 11.7 Householder. . 102.973 41.0 55 to 59 years . 15,518 6.2 Spouse .. 59,871 23.8 60 to 64 years., ...... 16.459 8.5 Child. 54,507 21.7 65 to 74 years. . . . . . . . . . . . . . ........... 35,088 14.0 Own child under 18 years. 43,796 17.4 75 to 84 years. . . . . . . . . 21.060 8.4 Other relatives. 13.453 5.4 85 years and over. 5,365 2.1 Under 18 years . . . 4.155 1.7 Median age (years). . . . . . . 44.1 (XI Nonrelatives . 15,783 6.3 Unmarried partner. ....... 5,261 2.1 18 years and over. 201.436 80.1 In group quarters 4,790 1.9 Male. 100.325 39.9 Institutionalized population. . . . . . j 2,294 0.9 Female. 101,111 40.2 Noninslitutionalized population. 2.496 1.0 21 years and over. I 194,117 77.2 62 years and over, I '11.479 28.4 HOUSEHOLD BY TYPE 65 years and over 61,513 245 Total households. . . . . . . . . . . . . . . . . . . . . . . . 102,973 100.0 Male, 29,533 11.7 Family households (families). . . 71,264 69.2 Female, ......., 31,980 12.7 With own children under 18 years. . 23,404 22.7 - Married-couple family 59,871 58.1 RACE With own children under 18 years. . . . , . . . 17.030 16.5 One race. 245.773 97.8 Female householder, no husband present. 7,445 7.2 White. 216,345 86.1 With own children under 18 years. 4,480 4.4 Black or African American. 11,419 4.5 Nonfamily househoids ' 31,709 30.8 American Indian and Alaska Native. 733 0.3 Householder living alone. 25,226 24.5 Asian. 1.569 0.6 Householder 65 years and over, . 12.248 11.9 Asian Indian. 424 0.2 Chinese. 318 0.1 Households wilh individuals under 18 years. 25.906 25.2 . . . . . . . . . . . .. .. I Filipino. ...,.,... 277 0.1 Households with individuals 65 years and over 40,580 39.4 Japanese. 78 Average household size, 2.39 (Xl Korean. I 123 0,1 Average family size. 2.79 (X) Vietnamese. . 161 Other Asian 1 . .... I 188 0.1 ! HOUSING OCCUPANCY Native Hawaiian and Other Pacific Islander. I 153 0.1 Total housing units.................. ....' 144,536 100.0 Native Hawaiian. . ~3 Guamanian or Chamorro. 8B Occupied housing units .......... 102,973 71.2 . . . . . . . I Vacant housing units, 41.563 28.8 Samoan............ . 13 For seasonal, recreational. or Other Pacific Islander 2 . 29 occasional use. 34,337 23.8 Some other face. , 15.554 ! 6.2 ......... Two or more races. 5,604 2.2 Homeowner vacar.cy rate (percent) 2.8 (X) Race alone or in comb/nation with one Rental vacc:ncy rate (percent). 9.8 (Xl or more other races: :I HOUSING TENURE White. 219,705 874 Occupied housing units. . , . . . . . . . . . . - . . . . 102,973 100.0 Black or African American. _ . 13,778 5.~ Owner-occupIed housing units. 77,825 75.6 American Indian and Alaska Native. 1,354 ..... .... O. Renter-occupied housing units, 25,148 24.4 Asian. 2,095 0.8 Native Hawaiian ~nd Other Pacific Islander. 286 0.1 Average household size of owner-occupied units. 2.31 (Xl Some other race, . 19,920 7.9 Average household siz.e of renter-occupied unlts. 2.65 (X) - Represents zero or rounds to zero. (X) Not applicable. 1 Other Asian alone, or lv~o or more Asian cate~ories. 2 Other Pacific Islander alone. or DNO or more Native Hawaiian and Other Pacific Islander cztegories, 3 In combination with one or mere of the oher races listed. The six numbers may add to more than the total population and the six percentages -" may add to more than 100 percent because individuals may report more than one race, Source: U.S. Census Bureau, Census 2000. 1 u.s, Cen~us Bureau ,_.'_.. -,,- Agenda Item No. 16F3 March 14, 2006 Page 1 of 44 .-- EXECUTIVE SUMMARY Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program in the amount of $64,948.10. OBJECTIVE: To receive approval from the Board of County Commissioners to submit a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program, which will provide equipment that is properly designed and functional for the task of moving patients/victims. CONSIDERATIONS: Emergency Medical Services routinely engages in removing patients or victims from many types of locations and under some very unusual conditions. This task can often be slowed or jeopardized by a number of contributing factors, such as restricted access, confmed spaces or even the condition of the patient, who may be disabled, elderly or even unconscious. Due to basic design flaws in the equipment presently being utilized for evacuation, EMS personnel are experiencing injuries because the older equipment requires more physical effort and strain while maneuvering and lifting patients. Newer designs have been introduced based on technology developed from extensive studies that require minimal personnel to operate, while reducing the factors that contribute to injuries from strains and twisting and allowing for rapid, safe and secure patient transport. ,- This matching grant application is seeking funds to acquire 31 stair chairs, which will equip each ambulance. These stair chairs are ergonomically designed and functional for the task of moving patients/victims. The acquisition of this equipment will increase the effectiveness of those personnel who are required to perform these operations and will a1low them to do so more quickly and safely for the patient and themselves. This will result in reduced injuries to personnel and patients as well as the costs associated with these injuries, i.e. loss of time, workers compensation claims and overtime to fill vacancies. This application is requesting $48,711.07 (75%) from the State of Florida. Collier Counry's match would be $16,237.03 (25%) of the total of $64,948.10. 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. FISCAL IMPACT: $48,711.07 (75%) would be funded by the State of Florida Emergency Medical Services Matching Grant Program. Collier County EMS Fund 490 would provide a 25% match of the total program in the amount of $16,237.03. Funds will be allocated to and disbursed from Fund 491 - EMS Grants. GROWTH IMP ACT: There is no Growth Management Impact resulting from this action. RECOMMENDATIONS: That the Board of County Commissioners: 1. Approve the Florida Emergency Medical Services Matching Grant Application and the Grant Distribution Form requesting grant funds be remitted to the Collier County Board -- of Commissioners. 2. Authorize the Chainnan to execute the documents listed in number 1 above. PREPARED BY: Jeff Page, Chief, Emergency Medical Services .- -----..-.--- '''".''''~-''"" ..,....-.-- AgenCla Item NO,16f'3 March 14. 2006 Page20144 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ...~ Item Number: 1(;F3 Item Summery: R"'(';(lllllnEin<.lation tll fl~'p;-ll"e 'hfl submittal 01 a .'Ioride Emerwmcy M"dil,al Sa!ViCllS Matching Grant Applicatl<,'" and Grant Dilltrib\Jtmll Form fur the St~ir Chair f'm9,am ill th", amoulltcIS6.\.9-1[,10 Meeting Date; 3l14,'20068:Go-rJ()"M Prepared By JeftPagB EMSCh,ef o.~ Bureau of Emerg"'''cy 'M' 2,'2412006 4;10:~4 PM Setvi<:<>.. Approved By JdfP"'g<l EMSCI,..I o.w BtJrMU "f Em('rll"ncv EMS 212812(106 2,~7 PM S",,,ic.,s Approved By L<."r,;."hlenPl'ice A<lrni,,;st,uhve s.,tvic(!~ Aclmi"iMmlor O..W Admi"'sl:<ntiv"S~r"I<;.." Admlni~lrnlivc S",,,ica~ A,;mln, 311120063:33PM Appr<lvcdBy OarcyWald.cn S<ln,o' Adml,,;slrallve Ass,sl>lnt 0'- CounlyM"n"9~,'..Offi"" E",,,,rgencyManag..m..nt 31,,!20061;54PM Approved By OllflE.Summora aureauof Em"'lI"ncyS"rvicH Di,ect"r Cal<l Cou"I:yM~n"gm'eOlf;oe 6"",,",, 01 Enwrnonoy 5",vic<'~ 31ll'lOOEl:11 PM Approved By OIllBCo"rdi,mlcr Admini"t,ativeAss,,,\nnt D~te Counly Man"tl"r'~Ofjic" otfic" of Managem"nl & Buclgel 3fJIZOO60:S8AM Approved By MlchaeiSmyK"wsK' MaMlIement&BudgeID"ector 0,,1<1 C""nly M"f1"ger'~Off1"e Offi"""'M"""9,,menlISSudy..t 3,'3i2oa64:07PM .- Approved By LeoE_Ochg,Jr OepulyCoUlnyMaMlIe' Date BoardofCou"ly Con"n;gg;"nm" COUlllyM"n"gc,eOffice 31(;IZOOG3'55 PM -. --~.-- -...-- .~.- .-----.'. ~_. ._-_. ---< ,---.----- Agenda Item No. 16F3 ORIG 11\9\0 ~f~~ {- l .., , "'~".'''''''''''~.\.....'..'.'.''.'... . .. .......... ... ...., ~:>\ ta~~ ChI,t'- 4-- "".....r Emergency Medical Services Matching Grant Application Stair Chair Program 2006 Agenda Item No. 16F3 March 14, 2006 Page 4 of 44 -. Collier County Emergency Medical Services Department Emergency Medical Services State Matching Grant Application State Matchinl! Grant for Stair Chairs ADDlication Attachments: 1. Grant Application 2. Attachment A: Stryker Price Proposal 3. Attachment B-1: Postural Analvsis of Paramedics Usine Stair Chairs 4. Attachment B-2: Biomechanical Analvses of Paramedics Usine Stair Chairs 5. Attachment B-3: Comparison of Commercial Stair Chairs usine Data Envelopment Analvsis 6. Attachment C: Transport device will aid EMTs - Augusta Chronicle, - March 7, 2003 7. Attachment D: Collier County Demographic Characteristic: 2000, US Census Bureau, Table DP-l .-. ,.,~--- . Agenda Item No. 16F3 March 14, 2006 Page 5 of 44 EMS MA TCHING GRANT ApPLlCA nON FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application T e at Grant Re uested: !Cj Rural o Matchin ID. Code The State Bureau of EMS will assign the ID Code - leave this blank) I 1. Oraanization Name: Collier County Board of County Commissioners 2. Grant Sianer: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Frank Halas , -~-----~. Position Title: Chairman -----~-~----_._----- I '-. --~- Address: 3301 E. Tamiami Tr.?J!.-..~,____~__~___.~_~___ --. . City: Naples ... __,'Lgounty Collier I State: Florida .. '. t Zip Code: 34112 Telephone: (239) 774.8459---:'=_ 'FaxNumbe.::C;39) 775-4454 E-Mail Address: Je~age@~olliergov.nel -'-~---~_.. --~_.__.~~---~--~-~-.--- 3. Contact Person: (The individual with direct knowledge of the project on a day.to.day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Jeff Page Position Title: Chief. i=mergency Medical Services -. Address: 2705 So. Horseshoe Drive . .. .. CitY.:: Naples ---~_._~~ f~ountv: Collier State Florida Zip Code: 34104 Telephone: (2391774.8459 J Fax Number: (239) 775-4454 E-mail Address: JcffP 8gc@collierQov.net DH Form 1767, Rev. June 2002 3 Agenda Item No. 16F3 March 14, 2006 Page 6 of 44 "- 4. Leaal Status of Applicant Oroanization (Check onlv one response): (1) D Private Not for Prpfit [Attach documentation,501 (3) @] (2) D Private For Profit (3) D City/MunicipalityfTownNillage (4) El County (5) 0 State (6) 0 Other (specify): 5. Federal Tax ID Number (Nine Diait Number). VF ..!!.2.2.!l.!l.!l~~l! 6. EMS License Number: OOZ-b o7Type: ~Transport lONon.transport Il5IBoth 7. Number of permitted vehicles by type: _BLS ~ALS Transport _ALS non,transport. 8. Type of Service (check one): !:lRescue DFire EiThird Service (County or City Government, nonfire) D!Air ambulance: IOFixed wing !:lRotowing QBoth D!Other (specify) 9. Medical Director of licensed EMS provider: If this project is approved, i agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuina EMS education in this project. No signature Is needed If medical equipment and professional ducati ilU?,roject.] Signature: ~'" Date: 2--/,$7/00 PrintfType: Name of Director Robert B. Tober, MD FACEP - FL Med. Lic. No. MEOOO30891 Note: All organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical e ui ment and/or continuin EMS education. If your activity is a research or evaluation project, omit Items 10, 11, 12, 13, and skip to Item Number 14, Otherwise, roceed to Item 10 and the followin items. 10. Justification Summarv: Provide on no more than three one sided, doubie spaced pages a summary addressing this project, covering each topic listed below, A) Problem description (Provide a narrative of the problem or need); B) Present situation (Describe how the situation is being handled now); C) The proposed solution (Present your proposed solution); D) Consequences if not funded (Explain what will happen if this project is not funded); E) The geographic area to be addressed (Provide a narrative description of the geographic area); F) The proposed time frames (Provide a list of the time frame(s) for completing this project); G) Data Sources (Provide a complete description of data source(s) you cite); H) Statement attesting that the proposal is not a duplicalion of a previous effort (Stale that this project I doesn't duplicate what you've done on other grant projects under this grant program). DH Form 1767, Rev. 2002 ~. 4 ._-~.- '" .." ...,------ -,., Agenda Item No. 16F3 March 14, 2006 Page 7 of 44 10) Justification Summary Problem Description Emergency Medical Services routinely engages in removing patients or victims from many types of locations and under some very unusual conditions. This task can often be slowed or jeopardized by a number of contributing factors. Examples of some factors that may adversely affect the movement/rescue of individuals include: . Disposition of the patient/victim (elderly, disabled, bedridden, unconscious, etc.) . Configuration of building (confmed space, restricted access, elevators, stairs, narrow hallways, etc.) . Rapid evacuation scenarios (fires, hurricane evacuations, etc.) . Type of location (high,rises, coudominiwns, multi-story commercial buildings, nursing homes, mobile homes, etc.) It is also desirable to accomplish this task with the least amount of personnel and physical effort. In a medical emergency, it is imperative that the main focus is to attend to the patient's immediate medical needs. Thus, the movement of patients safely, securely and quickly presents an additional challenge to EMS personnel. To compound this, EMS personnel are experiencing a high incidence of injury to themselves utilizing out-dated removal equipment. The basic design flaws of the older equipment require more physical effort and strains while maneuvering and lifting patients. Newer designs have been introduced based on technology developed from extensive studies that require minimal personnel to operate, while reducing the factors that contribute to injuries from strains and twisting and allowing for rapid, safe and secure patient transport. Present Situation . Equipment is strenuous and hazardous to use due to lack of ergonomic design features . Injuries to personnel due to exaggerated physical effort and improper use Agenda Item No. 16F3 March 14, 2006 Page 8 of 44 ,_. Due to the abysmal ergonomic design flaws of the equipment currently being utilized, personnel are forced to engage in bending and twisting motions in order to maneuver and negotiate patients through inhospitable conditions, which can, and does, result in neck and back injuries. These types of injuries are usually the most costly, due to loss of time, overtime to fill vacancies and workers compensation claims, medical treatment and rehabilitation. Another scenario is that personnel may even choose not to use the equipment at hand, knowing that they may face serious injury because of the nature of equipment design, Proposed Solution Acquire the needed funds to provide equipment that is properly designed and functional for the task of moving patients/victims. The acquisition of tIlls equipment will increase the effectiveness of those personnel who are required to perform these operations and will allow them to do so more quickly and safely for the patient and themselves, This will result in reduced injuries to personnel and patients as well as the costs associated with these injuries. The overall savings realized by the reduction of injuries will - dramatically offset the initial cost of this equipment. Consequences if Not Funded If this project is not funded, we will continue to be unable to obtain funding through our annual budget process. Patient safety will be compromised and personnel will continue to be injured, resulting in extraordinary expenses for workers compensation, overtime and medical expenses. Another consequence of not funding this project would be the contributing inefficiencies that would result in a catastrophic event such as a hurricane where EMS personnel may be called upon to move the elderly and infirmed to a safe locale in a prompt and effectual manner. Geol!raDhic Area Collier County encompasses 2,025 square miles with a permanent population of 251,000 (based on the 2000 census), nearly 25% of which is comprised of persons 65 and older. Nearly 20,000 workers increase the population each day. The miles of beaches, three airports and numerous marinas attract a multitude of - visitors each day, swelling the population level during peak season. Areas of some special tactical concern would be: --_. "_._.m.__^ .- Agenda Item No. 16F3 March 14, 2006 Page 9 of 44 . High-rise condominiums . Multi-story residences . A multitude of two-story or higher hotels/motels . Nursing homes and assisted living facilities . Two hospitals (with an additional to open November 2006) . Mobile home and RV parks . A1temate modes of trans portati Oll- Buses, boats and airplanes Time Frames Receive State Award Purchase and Acquire 32 Stair Chairs 60 days Train and Distribute 90 days Project will be completed within one year. Data Sources Workers Compellsation Statistics - Collier County Risk Management Department Stryker Price Proposal (Attachment A) Westem Michigan University - Three Studies . Postural Analysis of Paramedics Usinl! Stair Chairs (Attachment B,I) . Biomechanical Analvses of Paramedics Usinl! Stair Chairs (Attachment B-2) . ComDarison of Commercial Stair Chairs using Data Envelopment Analvsis (Attachment B,3) Transoort device will aid EMTs. Augusta Chronicle, March 7, 2003 (Attachment C) Countv Demol!l"aDhic Characteristic: 2000. US Census Bureau, Table DP-l (Attachment D) Attestin!! Statement No other applications have been submitted for State grant funding for this equipment. Agenda Item No. 16F3 March 14, 2006 Page 10 of 44 - Next, only complete ~ of the following: Items 11, 12, Q! 13. Read all three and then select and com lete the one that ertains the most to the reced in Justification Summa 11. Outcome For Proiects That Provide or Effect Direct Services To Emeroencv Victims: This may include vehicies, medical and rescue equipment, communications, navigation, dispatch, and all other things that impact upon on-site treatment, rescue, and benefit of emergency victims at the emergency scene. Use no more than two additional one sided, double,spaced pages for your response. Include the following. A) Quantify what the situation has been in the most recent 12 months for which you have data (include the dates). The strongest data will include numbers of deaths and injuries during this time. B) In the 12 months after this project's resources are on,line, estimate what the numbers you provided under the preceding "(A)" should become. C) Justify and explain how you derived the numbers in (A) and (B), above. D) What other outcome of this project do you expect? Be quantitative and explain the derivation of your figures. E) How does this integrate into your agency's five year plan? 12. Outcome For Trainina Proiects: This includes training of all types for the public, first responders, law enforcement personnel, EMS and other healthcare staff. Use no more than two additional one sided, double,spaced pages for your response. Include the following: A) How many people received the training this project proposes in the most recent 12 month time period - for which you have data (include the dates). B) How many people do you estimate will successfully complete this training in the 12 months after training begins? C) If this training is designed to have an impact on injuries, deaths, or other emergency victim data, provide the impact data for the 12 months before the training and project what the data should be in the 12 months after the training. D) Explain the derivation of all figures. E) How does this integrate into your agency's five year plan? 13. Outcome For Other Proiects: This includes quality assurance, management, administrative, and other. Provide numeric data in your responses, if possible, that bear directly upon the project and emergency victim deaths, injuries, and/or other data. Use no more than two additional one sided, double- spaced pages for your response. Include the following. A) What has the situation been in the most recent 12 months for which you have data (include the dates)? B) What will the situation be in the 12 months after the project services are on-line? C) Explain the derivation of all numbers. D) How does this integrate into your agency's five year plan? DH Form 1767, Rev. 2002 - 5 .,-.-..-. ~._- -'--~ --...--- Agenda item No. 16F3 March 14, 2006 Page 11 of 44 11) Outcome For Proiects That Provide or Effect Direct Services To Emerl!encv Victims: The department currently maintains a total of thirty, one (31) ALS transport ambulances. Twenty, one of these units are staffed and equipped in accordance with the Advanced Life Support guidelines required by State EMS statutory regulations and operational 24/7. The other ten vehicles are available for backup for peak demand and equipment breakdowns. These alternate ten units are also equipped in accordance with the Advanced Life Support guidelines required by State EMS statutory regulations. All units are equipped with out-dated, design,flawed evacuation chairs. During the period October I, 2004 - September 30, 2005, Collier County EMS responded to approximately 40,000 incidents. Of these, approximately 23,000 resulted in transports to local area hospitals. Additionally, when EMS units are responding, along with fire units, the EMS units are the only units equipped with evacuation chairs. The acquisition of the thirty-one evacuation chairs (stair chairs) will assure the safe and efficient removal of patients/victims, while protecting EMS personnel from injuries frequently incurred in this process. During fiscal year 2005 (October I, 2004 - September 30, 2005), Collier County's Risk Department reported a total of 27 workers compensation incidents, 8 of which were related to moving/canying patients. While this was a reduction in the 13 of the 34 incidents in 2004, the average lost workdays grew from an average of 4 per incident in 2004 to 4.6 per incident in 2005, and restricted workdays increased from an average of 7.4 per incident in 2004 to 32.8 in 2005. The current rates for neck, back and lifting injuries provided by the County Risk Management Department for workers camp injuries should see a minimum of 25-50% improvement in twisting and strain injuries associated with evacuation chair usage. In addition, patient safety and comfort will be improved. The Collier County EMS Department continues its efforts to improve the safety of its work place by closely participating with the County's Risk Management Department Safety Review Board. One of the main goals of this group is to reduce the risk for injury for the County's Paramedics and Firefighters Agenda Item No, 16F3 March 14, 2006 Page 12 of 44 - during normal and disaster type situations. In addition, safety is a key element of our five-year business plan, which states, "Efforts will be placed on personnel and equipment safety. .." The addition of this improved stair chair device will assist in satisfying the goal of improving the safety and injury rate for EMS personnel involved in the movement of patients in routine and disaster situations, - ..-.-- ___..,.__4~_~"_'_'_ .-----. --~.--,-,~---_.- Agenda Item No. 16F3 March 14, 2006 Page 13 of 44 Skip Item 14 and go to Item 15, unless your project is research and evaluation and you have not com leted the receding Justification Summa and one outcome item. 14. Research and Evaluation Justification Summary. and Outcome: You may use no more than three additional one sided, double spaced pages for this Item. A) Justify the need for this project as it relates to EMS. B) Identify (1) location and (2) population to which this research pertains. C) Among popuiation identified in 14(B) above, specify a past time frame, and provide the number of deaths, injuries. or other adverse conditions during this time that you estimate the practical application of this research will reduce (or positive effect that it will increase). D) (1) Provide the expected numeric change when the anticipated findings of this project are placed into practical use. (2) Explain the basis for your estimates. E) State your hypothesis. F) Provide the method and design for this project. G) Attach any questionnaires or involved documents that will be used. H) If human or other living subjects are involved in this research, provide documentation that you will comply with all applicable federal and state laws regarding research subjects. I) Describe how you will collect and analyze the data. 15. Statutorv ConsIderations and Criteria The following are based on s. 401.113(2)(b) and 401.117, F.S. Use no more than gne additional double spaced page to complete this item. Write N/A for those things in this section that do not pertain to this project. Respond to all others. Justify that this project will: A) Serve the requirements of the population upon which it will impact. B) Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department C) Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law, rule or regulation of the department. D) Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. E) Enable your organization to improve or expand the provision of: 1) EMS services on a county, multi county, or area wide basis. 2) Single EMS provider or coordinated methods of delivering services. 3) Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services. DH Form 1767, Rev. 2002 6 Agenda Item No. 16F3 March 14, 2006 Page 14 of 44 .- 15) StatutorY Consideration and Criteria A. Serve the requirements of the population upon which it will impact. The acquisition of these new stair chairs will aid in the timely, safe and efficient evacuation of patients/victims who may be elderly, disabled or bedridden from buildings or areas where there is limited/difficult access or multi-story buildings where there are no elevators, or during emergencies where elevators may not be operable, B. Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department. Subsection 401.25 (2)(b), Florida Statutes, reads: "The ambulances, equipment, vehicles, personnel, communications systems, staffing patterns, and services of the applicant meet the requirements of this part, including the appropriate rules for wither a basic life support service or an advanced life support service, whichever is applicable." .- C. Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law, rule or regulation of the department. See reply to paragraph B, immediately above. D. Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. N/A E. Enable your organization to improve or expand the provision of: 1. EMS services on a county, multi county, or area wide basis. MODs with fire districts, mutual aid agreements with surrounding counties and statewide disaster response plan. 2. Single EMS provider or coordinated methods of delivering services. Will increase productivity and enhance unit availability. - 3. Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services. N/A --....---.----.- .--.-..- ,.-.-- -.--.--.,.- -_..__._-._~ Agenda Item No. 16F3 March 14, 2006 Page 15 of 44 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Number of Months After Grant Starts Begin End Receive State Funding Purchase/Acquire Stair-Pro Stair chair Model 6252 30 days 60 days Train and Distribute 60 days 150 days 17. Countv Governments: l!this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. All funds allocated under the EMS county grant program have already been targeted for other critical projects. DH Form 1767, Rev. 2002 7 Agenda Item No, 16F3 March 14, 2006 Page 16 of 44 .-.. 18. Budoe!: Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount why each of the positions and the numbers of salary per hour, FiCA per hour, of hours are necessary for this project fringe benefits, and the total number of hours. N/A TOTAL: Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an price identified. necessary to this project. agency, such as, commodities and supplies of a consumable nature, exciudina expenditures classified as operating capital outlay (see next cateoo'rvl, . - N/A I TOTAL: $ DH Form 1767, Rev. 2002 ."-. 8 '0.__ Agenda Item No. 16F3 March 14, 2006 Page 17 of 44 Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source(s) used to component of this project. tangible personal property of a identify the price, non consumable and non expendable nature, and the normal expected life of which is 1 year or more. Model 6252 Stair,Pro Stair Chairs $2,026.22 (Mfgr, quote) Gran! would provide 1 stair chaIr per ALS transport unit. .. Locking Rear Handles 23.78 (Mfgr. quote) Removable head support 45.10 (Mfgr. quote) Sub-total $2,095.10 ,,~~I I I X 31 Units TOTAL: I $ R4 q4R 10 , I .. State Amount (Check applicable program) i eJ Matching: 75 Percent $ 48,711,07 ~ Rural: 90 Percent $ Local Match Amount (Check applicable program) K:J Matching: 25 Percent , $ 16,237.03 [Q Rural: 10 Percent $ Grand Total $ 64,948.10 DH Form 1767, Rev. 2002 9 Agenda Item No. 16F3 March 14, 2006 Page 18 of 44 - 19. Certification: My signature below certifies the following. I am aware that any omissions, falsifications, misstatements, or misrepresentations in this application may disqualify me for this grant and, if funded, may be grounds for termination at a later date. I understand that any information I give may be investigated as allowed by law. I ertify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. '1 agree that any and all information submitted in this application will become a public document pursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes material which the applicant might consider to be confidential or a trade secret. Any claim of confidentiality is waived by the applicant upon submission of this application pursuant to Section 119.07,F.S., effective after opening by the Florida Bureau of EMS. I accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. I, the undersigned, understand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. I certify that the cash match will be expended between the beginning and ending dates of the - grant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in his application shall be committed and used for the activities approved as a part of this grant. IACceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing below. I I Signature of Authorized Grant Signer MM I DD I YY (Individual Identified in Item 2) DH Form 1767, Rev. June 2002 Approv~.oto'~j ATTBST ~ 11 >.....~ ';l.~,-,j,."",.,.."."..,... DWIGHT LIIIOflJ._ .r-- ~._................ ~~.....~" i_.A.v!\~);~tJ BY: 'D.tt""~ 1 c I.(..vi _H 10 --,~-----_..,.. - --.---_. Agenda Item No. 16F3 March 14, 2006 Page 19 of44 FLORIDA DEPARTMENT OF HEAL TH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of pre-hospital EMS. DOH Remit Pavment To: Name of Agency: Collier County Board of County Commissioners Mailing Address: 3301 E. Tamiami Trail Naples, FL 34112 Federal Identification Number 59-6000558 Authorized Agency Official: .t Signature Date I. BIOGK, 11I- Frank Halas, Chairman Type Name and Title 11': Sign and return this page with your application to: 1;" fJ1 d~nM Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399,1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant 10 Code: Approved By: Signature of EMS Grant Officer Date State Fiscal Year: , Oraanization Code E.O. OCA Obiect Code 64-25,60,00,000 N - N2000 7 Federal Tax 10: VF --------- Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 j!,;~ 1il.0000Mt(;If4Jrsli~ ~ . ....h....." ] ......a..". - . , -'. .... ~'"" ,~ I ~~"'~r. ~t t~~nt~~~.,. :~~ttr'~:;;::_;="~'-"-~ 11 Agenda Item No. 16F3 March 14, 2006 Page 20 of 44 - Attachment A Stryker EMS Price Proposal EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM - Collier County Emergency Medical Services March 2006 - _".__~__._w_ . ___^,"~__..., "',",'_'~'_"~n~'''''~'''''~.~~_'_ ---~,,----'- Sales Proposal EMS Equipment Quotation Date: 02121/06 Quote Number: Q013806 SHIP TO ADDRESS: Jamie Wilham Collier County EMS Territory Manager 3301 East Tamiami Trail, Bldg H 3800 E Centre Ave Naples, FL 34112 Portage, MI 49002 t: 239.530.6285 (800)669--4968 Ext 8879 Voicemail f: 239-n5--4454 (407)386-3341 Fax Email: bavartie(Q)collieraov.nel iamie. witham((i)strvker .com List Price Unit Price Ex! Sell 31 ea Model 6252 STAIR-PRO Stair Chai", $ 2,471.00 $ 2,026.22 $ 62,812.82 Standard Features Include: High visibility powder coat frame Extended head and foot end lift handles 500-lb weight capacity 2-pfece ASS panel seal Molded hand grips locking head end lift handles Light weight, durable aluminum construction Easy-rolling rear wheels with sealed bearing~ Dual wheel locks Compact storage size Positive action Jocking mechanism Power-washable Grease-free maintenance Color-coded patient restraint set In~service training video Operations/Maintenance Manual 4" {10 em} front caster wheels Extendable upper control handle Patented Stair.TREAD system 1-year parts/labor/travel warrant}! Selected aotions and Accessories: 31 6250-031-000 Locking Rear Handles $ 29.00 $ 23.78 $ 737.18 31 6252-040-000 Removable head support $ 55.00 $ 45.10 $ 1,398.10 $ 2,555.00 $ 2,095.10 $ 64,948.10 Proposal Total (including freight):1 $64,948.10 I Gotional uocharae items: 31 6250-161-000 Non.absorb pat rest (replaces existing rest: $ 84.00 $ 71.40 $ 2,213.40 31 8250-140.000 Oxygen Bottle Holder $ 109.00 $ 92.65 $ 2,872.15 31 6252,041.000 Vinyl head support (replaces Removable HS: $ 125.00 $ 106.25 $ 3,293.75 TO PLACE AN ORDER. PLEASE FAX YOUR PURCHASE ORDER TO: Stryker - EMS Equipment, Attn: Jamie Witham Office: 1028 Buckbean Br Ln W, Jacksonville, FL 32259 Phone: 904-287-0824; Fax: 407-386,3341 Include your billingfshipping addresses, desired delivery dates, signature and terms (net 30), THANK YOU! Order subject to approval by Stryker Corporation. Taxes will be invoiced as a separate item when applicable. Credit cannot be allowed on relums of special or modified items. All approved returns will be accepted ONLY in Kalamazoo. Michigan. Proposals are effective 30 days from submittal ReG:!iving Contact Name: I I Receiving Phone Number: I Loading Dock YES NO I I Boxed Unboxcd (Circle One) I I Dock hrs: Sak-s R"p: I po#:1 Comments: Agenda Item No. 16F3 March 14, 2006 _ Ergonomic Analysis Shows Stair-PRe 22 of 44 Helps Alleviate Risk of Operator Injury Situation Firetighters and emergency medical services (EMS) pcrson- Relative Risk of Lower Back Disorder" 36 nel must perfonn a wide array of potentially hazardous 34 emergency rescue procedures that ofte-D include the use of 32 specially designed rescue andlor transport equipment One 30 common procedure involves manually transporting a patient 28 dO\\-11 flights of stairs using a stair chair. ~26 Unfortunately, the physical strain of maneuvering patients in c 24 .. this environment contributes to a high number of back ~22 injuries being reported in the EMS industry. I Researchers i 20 " ha\'c identified awkward body postures when handling 18 patients as one of the main colltribmors.l 16 14 Rationale 12 10 Stryker EMS recognized the opportunity to provide a 6252 49 6250 40 42 107 product that could reduce the risk of injury to medics and patic.nts during stairway transport. Capitalizing on Stair Chair Model their technica.l experience with the innovative RUGGED series of ambulance cots. Stryker EMS applied advanced engineering practices along with biornechanical science to develop the Stair-PRO stair chair models. Methodology ~ - independent ergonomic experts studied paramedics transporting a 160 lb. patient dmvn one ~. fligbt of stairs and around a 90~dcgree landing using six different types of stair chairs. The simulated t.a.sk included the intiallift, the descent of tbe staircase and the negotiation of a ~ landing. ....... ~"'..( ;;.'\.1 ~'"'''' Four video cameras captured the posmral measurements of each subject, while a Lumbar "\ ..........-i Motion Monitor digitally measured the three-dimcnsional tnmk position and motion of the MODEL 6252 MODEL 6250 lumbar and thoracic. sections of thc spine. Biomecbanical analyses using these objective measures quantified the risk oflower back dis- order (LBD) for each of the six stair chair models. - Results The Stair~PRO model 6252 was found to reduce the relative risk of lower back disorder significantly as compared to all other models tested. (see chart) The smdy also detennined that me probability ofLBD is least in "leader fotward., position, and worst in "'leader baclm.ard" position MODEL 49 MODEL 107 when carrying a patient down tbe stJirs using models other than cJ 6252.'-' .- Conclusion ,m Patient t::rnnsport in stainvays is a common task that has a high reported C_~ "'0 back injury mte. The design of stair chairs can significantly influence MODEL 40 MODEL 42 I operdtor and patient safety. This testing substantiates Stair-PRO.s ability to help reduce the risk of back injury. .- j "E'mlualiilll f./tJW injllry PrrJ/ilc a/Personnel ill a Ow;}' Urban EMS Sy~'lem." J{Og)'<J, P.T, Ellis, L .kml7lal (!( Em"'f'gc!1(.)' }.Icdidl1e (vol 8, pages 30S-3 I I, 1990). "Show/del' Itjm/I'T.' (J1I,j Lfx<ua",j Mllfde Ft.lliglle and Dismmf()J1." Il1kel; s.F., Ergrmmnic\' ('ml 32. paj!(!.s 21 J-237, /9(i'9). , "Comparison u{Cammerdaf Sl(,ir Choirs Using D(l/a E1fVelopmelll Anal.vsit." Hwoum Pcrjomwnce l;;stilUlc. Depi of "dumal (Ind Alo/1/(lXmring Engin(i(>ring. 1ft-stem JHidligan Unhvrsity (Man'h ](l()2). ~ 'Pus/ural A/I(JIv.~i$ C?f PUf"(Jf11cdics Using Slai,. Chl/irs.'. Human Ehivrmal1('e Ins/inn!!. Depr ojIl1dlfstria{ ww Manufacturing Engineerint; lH:,stem Aiifhigun Universi!v (MrlrL'h 2002}. 5 "B/llfllf'LWlmiwl Ana/vs,'.\' of Pa/'wNedics U~iJ/g Slair Glain," Human PCJifJrma)/ce InstiMc. Dept afIndustrial llnd .'IffoJluftK'llmng Engineering. Jles/ern Michigan UlIfwysit)' (March 20(2). .stryker. 6300 South Sprinkle Road Kalamazoo, MI 49001-9799 (PHONE) 1.BOO.RUGGED6 I 1.269.329.2100 I (FAX,l.269.329.2246 ElVIS www.ruggedcots.com I WWJ.I.ru~8dstore.com @Slryker Corporation 7/02 5M P REV A ...-.--. - '~"-'---"'~' -.,,---'" -.-..--- Agenda Item No. 16F3 March 14, 2006 Page 23 of 44 _. Attachment B-1 Postural Analysis of Paramedics Using Stairchairs EMERGENCY MEDICAL SERVICES MA TCHING GRANT PROGRAM - Collier County Emergency Medical Services March 2006 --, .,_..~.~-~,,----,-_._._---~._~.,... .__,_,oM__,_. -..---",., . '_" .."_~.w_ _.,,----~.,"-_.__.._--,..._--, Agenda Item No. 16F3 March 14, 2006 Page 24 of 44 - Postural Analysis of Paramedics Using Stairchairs Tycho K. Fredericks', Sang D. Choi, Steven E. Butt, and Ani! R. Kumar Human Pelformance Institute, Department of Industrial and Manufacturing Engineering fVestern J\1ichigan Univf'rsilY, Kalamazoo, Mf 49n08~506J, USA Abstract. The objective of this study was to investigate the working postures, applied forces, and subjective ratings of perceived exertion of paramedics required to transport a victim down a flight of stairs using different designs of stairchairs. A total of six different models of stairchairs were evaluated \vith three different carrying positions (i.e., follower, leader facing backward, and leader facing forv.'ard). Results indicate that stairchairs designed to have the stairwell support the weight of the victim reduced the ratings of perceived exertion and can influence the applied force required to complete the task. INTRODUCTION - A normal part of a paramedic's job is to lift, carry, and handle ill and il1jured patients under difficult circumstances. 'Jnfortunately, high back injury rates have been reported for paramedics (Hogya and Ellis, 1990). Awkward body postures have been identified as one of the main contributors to the reduction of the human musculoskeletal system's capacity (Wiker, 1989). Studies conducted by Lavender et al. (2000a; 2000b) identified the transporting of a victim down a flight of stairs using a ,iairchair as a frequently perfonned strenuous emergency rescue tasks. With this in mind, the objective of this study was to investigate the working postures, applied forces, and subjective ratings of perceived exertion of paramedics required to transport a victim down a flight of stairs and arotmd a landing using six different designs of stairchairs. METHODS AND PROCEDURES Eight male paramedics with age ranges between 20 and 47 years (mean 31 and std. dev. 8) volunteered to participate in this study. TIle mean height and weight of these individuals were 1.81 m (range: 1.71,1.98 m) and 101 kg (range: 58- 123 kg), respectively. TIle simulated task included the descent of a staircase (20 steps) and the negotiation of a landing requiring a 900 turn. The staircase width was 840 111m and each step had a 180 mm rise and a 280 mm run. Four video cameras were positioned to prov ide the best athogonal views to the sagittal and frontal planes of each subject (Lavender et aI., 2000a, 2000b). Trunk positions were determined with the Lumbar Motion Monitor (LMM). Six different models of stairchairs (Figure]) were used in transporting a victim (weight: 70kg) down the flight of stairs and around a landing. Upon anival, each subject was instrumented with a LMM. Reflective markers were placed over the ankles, the lateral sidc of each knee, the greater trochanters, the acromium processes, the mid,line ofthe elbow, and the mid-point _. of the wrist breadth dimen,ion. These points were used in quantifying body postures from the videotapes. Three different carrying positions (follower. rlle leader facing backward, and the leader facing Corresponding Author (Emai/: tyclwfredericks@wmich.edll, Fax: 1-616-387-4075, Phone: 1-616-387-6525) I . n._"__~________ ~--->-- n>_~_ - . ^~ - -..---."--- Agenda Item No. 16F3 March 14, 2006 Page 25 of 44 forward) were investigated. Three tasks in each descent were analyzed: the initial entry onto the stairs, the mid,point down the stairs, and the negotiation of a 900 turn on a landing. Applied forces on the handles of the stairchairs were detennined by mounting Chatillon force measurement gauges on the handles of each chair. Forces were determined for each position within each simulated task of each stairchair. The sequence of stairchairs and carrying positions was randomized for each subject. Each combination (stairchair and position) was repeated three times. RESULTS AND DISCUSSION Table 1 reports a summary of mean applied forces by position and task for all six stairchairs. As can be seen in Table I, Model 6 recorded lower applied force values throughout all positions md tasks as compared to the other chairs. Additionally, the follower position experienced significantly higher loads as compared to the leader position. Table 1: Summar' of mean applied forces (Newton) bv pOSJtlOn, task and stairchair. Task l: Initial Task 2: Middle Task 3: 900 Turn (L.ndin~) Stairchair Follower Leader Follower Leader Follower Leader Model I 510N 270N 510N 270N 510N 270N Model 2 458N 3l4N 458N 314N 458N 314N Model 3 487N 269N 487N 269N 266N lOIN Model 4 MaN 338N MON 338N 440N 338N ModelS 398N 368N 398N 368N 436N 330N Model 6 7N 78N 40N 59N 17N ON' " Stairchair designed to be operated by the follower alone. Figure 2 depicts the carrying postures and applied forces for the follower and leader facing forward positions. Table 2 reports the summary of mean postural angles of the body for each stairchair, position, and task. In terms of torso flexion, Model 3 was detennined to elicit higher mean values as compared to all other chairs. Task 3 was determined to be associated with significantly higher values of torso flexion. Additionally, the follower recorded significantly lower torso flexion values than all other positions. If i ! -L I l Applied Force (Newton) I ! I '"---I Figure 2: Carrying postures and applied forces for the follower and leader facing forward positions (Task 2: middle of stairs). 2 . Agenda Item No. 16F3 March 14, 2006 Page 26 of 44 MODEL 1 MODEL 2 - .m MODEL 3 MODEL 4 , t' P' '] " "', l.' ,.. , ". . >. ~."" '. f1""'" .. ... ...., "".' . "..'l'f." -.;.:~;~'''~-' ~, 1t MODELS MODEL 6 - Figure 1: Six models of stairchairs used in this study 3 "'-.--.-..-- .___~."__a -_."~.__....._,... .----. - ..------. Agenda Item No, 16F3 March 14, 2006 Page 27 of 44 Table 2: Summary of mean postural angles for statrchair, r:osition, and task (degrees). (A) Torso (B) (C) (D) Left (E) Left (F) Right (G) Right Stairchair Position Task Flexion Upper arm Forearm Upper Le. Lower Le.. Upper Le1! Lower Lee Follower 1 0 7 40 62 126 61 114 2 -2 4 24 69 91 64 106 3 -6 1 33 76 83 68 105 Leader Bw I 2 0 32 80 83 60 tOt Modell 2 1 I 27 71 104 71 108 3 8 1 35 74 88 66 99 Leader Fw 1 -2 I 27 71 104 71 108 2 -2 0 7 76 87 77 88 3 5 I 12 77 86 68 104 Follower I 2 23 45 60 124 61 120 2 0 5 32 63 105 64 100 Mode12 3 -8 2 32 74 93 74 85 Leader Bw 1 8 2 38 77 86 65 97 2 I t 42 70 95 70 95 3 6 5 33 66 113 68 114 Follower I 10 12 44 55 128 55 132 2 4 12 32 58 III 59 114 3 -4 10 47 71 94 73 % Leader B w I 2 0 38 75 88 68 99 Model 3 2 3 0 29 74 92 62 % 3 63 0 28 73 93 63 95 Leader Fw I 10 I 24 76 81 68 101 2 1 0 :'6 78 85 73 84 - 63 5 9 62 III 61 114 0 follower 1 - 13 36 59 119 59 116 -0 2 -6 7 24 68 94 66 107 3 - 5 47 75 89 61 109 Model 4 ., Leader Bw 1 5 0 38 71 92 67 95 2 I 1 43 72 91 65 97 3 21 7 30 63 113 63 117 Follower I -I 5 41 62 108 62 119 2 -2 2 21 70 87 68 99 3 -5 1 34 75 83 71 101 Model 5 Leader Bw I 6 0 18 74 85 67 102 2 2 0 20 73 95 66 % 3 12 0 19 72 96 66 95 Leader Fvo/ 1 2 0 18 73 84 75 90 2 -2 0 19 81 79 68 94 3 I 2 16 72 90 71 99 Follovver 1 10 16 35 64 117 63 120 2 8 11 26 68 95 66 112 Model 6 3 -6 36 78 79 78 72 98 Leader Bw I 5 7 48 78 83 70 87 2 0 8 49 84 75 59 102 Leader Fw 1 14 1 7 74 88 64 110 2 0 0 10 76 92 72 91 4 Agenda Item No. 16F3 March 14, 2006 Page 28 of 44 .- Table 3 reports the means and standard deviations of the subjective ratings of perceived exertion (RPE) (Borg, 1970) for stairchair, position, and task. Duncan's Multiple Range test was perfonned on the means to determine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic letters) of Table 3. As can be seen in Table 3, under the heading of stairchair, Model 6 had significantly lower RPE values compared to other stairchairs across all the treatment combinations. The follower position showed significantly higher RPE values than other positions while there were no significant differences between the leader facing forward and leader facing backwards positions. Finally, there W<lS no significant difference between tasks in terms of subjective ratings. Table 3: Summarv of mean (std. dcv.) RPE scales across treatment combinatIOns. Task I: Initial Task 2: Middle Task 3: 900 Tnm (Landin,,) Position Follower Leader Leader Follower Leader Leader Follower Leader Leader -> Facing Facing Facing Facing Facing Facing Backward Forward Backward Forviard Back\vard F onvard Staircbair (8) IA) (A) (8\ (A) (A) (8) (A) (A) Model t 12.1 8.7 8.9 13.0 9.6 8.9 12.3 9.8 9.8 (B.n (2.1) ( 1.3) (1.2) (1.8) (1.3) (1.1) (3.0\ (1.3) 0.8) Model 2 13.8 11.3 13.9 11.6 \204 11.9 (E) (2.8) (2.0) . (2.9) (1.8) . (".3) (2.1) . Model 3 lOA 9.6 12.6 10.1 10.0 \104 10.3 11.4 13.0 ( C. [l) (1.3) (1.2) (2.5) (1.0) (1.1) (3.1) (1.8) (1.2) (2.7) Model 4 11.8 10.1 11.5 11.6 11.3 11.0 (D) (2.6) ( 1.7) . (204) (1.9) * (2.6) (1.7) . Model 5 9.9 9.8 9.6 10.4 10.6 9.1 9.8 10.1) 10.0 (B) (204) ( 1.7) (1.9) (1.8\ (1.8) (2.2) (2.1) (tA) (2.4) - Model 6 6.8 7.0 7.5 6.8 6.4 6.9 6.3 (A) (1.4) (0.5) (1.3) (1.0) (0.7) (1.2) (0.5) ** .. * Stairchair not dc:;igncd for operation in this position. *'" Stairchair designed to be operated by follO\....cr alone. CONCLUSIONS Results of this paper indicate that the design of stairchairs, coupled with an individual's anthropometry, may significantly influence working postures and applied forces experienced during stairchair transport. Ratings of perceived exertion support the notion that stairchairs designed to have the stairwell support the weight of the victim are less demanding on paran1edics. Future designs of stairchairs would be well served to pay particular attention to accommodating the user. Stairchairs designed to minimize awkward postures encountered during patient transport may be able to reduce the risk of injury to emergency rescue personnel. REFERENCES 1. Borg, G. (1970). Perceived Exertion as An Indicator of Somatic Stress. Scandinavian Journal of Rehahilitation Afedicine, 12, 219-230. 2. Hogya. P.T., Ellis, L. (1990). Evaluation of the Injury Prolile of Personnel in a Busy Urban EMS System. .J. Emergency j,Jed., 8, 308-311. 3. Lavender, S.A., Conrad, K.M., Reichelt, P.A., Meyer, LT., Johnson, P.W. (2000a). Postural Analysis of Paramedics Simulating - Frequently Performed Strenuous Work Task. Applied Ergonomics, 31, 45-57. ~. Lavender, S.A., Conrad, K.M., Reichelt, P.A., Johnson. P.W., Meyer, F.T. (2000b). Biomechanical Analyses of Paramedics Simulating Frequently Performed Strenuous Work Tasks. Applied Ergonomics, 31, 167-177. 5. Wiker, S.F. (J 989). Shoulder Posture and Localized Muscle Fatigue and Discomfort, Ergonomics, 32, 211-237. 5 ------- _H. _.---~,- -------. Agenda Item No. 16F3 March 14, 2006 Page 29 of 44 -- Attachment B-2 Biomechanical Analyses of Paramedics Using Stairchairs EMERGENCY MEDICAL SERVICES MA TCHING GRANT PROGRAM .- Collier County Emergency Medical Services March 2006 -. .-.--............ ~.._.,"-_.._._....-." __.....'..__n.._...'_...._-."..__. Agenda Item No. 16F3 March 14, 2006 Page 30 of 44 .- Biomechanical Analyses of Paramedics Using Stairchairs Tycho K. Fredericks', Sang D. Choi, Steven E. Butt, and AniJ R. Kumar Human Performance Institute, Department of Industrial and .Manufacturing Engineering Western lvfichigan University, Kalamazoo. M149008-506/, USA Abstract. The objective of this study \Vas to analyze the biomechanical gtresses placed on paramedics 'while transporting a victim down a flight of stairs using different designs of stairchairs. A total of six different models of stairchairs \,vcrc used in this simulated study. Three components of each descent (the initial entry onto the stairs, the mid-puint of the descent. the negotiation ofa 900 turn on a landing) and the carrying positions (leader backward, leader forward, t"ollower) of the paramedics \NCre evaluate,d. Results indicated thai the leader fOr\vard position presented the lowest relative risk of low back disorder. Furthermore, stairchairs designed to have the stairvvcll support the weight of the victim significantly reduced the biornechanical stresses on the body as compared to thcir counterparts. - INTRODUCTION While it is recognized that firefighter/paramedics (FF/Ps) perfonn a range of potentially hazardous manual material handling tasks (Hogya and Ellis, 1990), very few systematic studies have been conducted to evaluate high,risk activities. The application of ergonomic design to fire service tasks, including emergency rescue tasks, has made very little progress. Studies conducted by Lavender et at (2000a; 2000b), however, identified the most frequently performed strenuous emergency rescue tasks encountered by the FF/Ps. One of the identified tasks was the transportation of a patient down the stairs and around a landing using a stairchair. This study expands on that study by investigating the biomechanical stresses placed on paramedics while transporting a victim down a flight of stairs using different designs of stairchairs. METHODS AND PROCEDURES Subjects Eight male paramedics with age ranges between 20 and 47 years (mean 31 and std. dev. 8) volunteered to participate in this study. The mean height and weight of these individuals were 1.81 m (range: 1.71-1.98 m) and 101 kg (range: 58-123 kg), respectively. Corresponding Author (Emai/: !)'cho.fredericks@v,!miched1.l, Fax: J ~6 J 6-387-4075, Phone: 1-616-387-6525) I n___ _."'___"'0_ Agenda Item No. 16F3 March 14, 2006 Page 31 of 44 Apparatus and Simulation Task The six different models of stairchairs used in this experiment are depicted in Figure 1. Prior to testing, the distribution of the load each paramedic was required to support was determined by mounting Chatillon force measurement gauges on the handles of each chair. The simulated task was the transporting of a victim down a staircase (20 steps) and a landing, which required a 900 turn. The staircase width was 840 rnm and each step had a 180 mm rise and a 280 mm run. Four video cameras were positioned to provide the best orthogonal views to the sagittal and frontal planes of each subject. Trunk positions and motions were measured with the Lumbar Motion Monitor (LMM). Reflective markers were placed over the ankles, the lateral side of each knee, the greater trochanters, the acromium processes, the mid,line of the elbow, and the mid,point of the wrist breadth dimension of each subject. Simulation Procedures Prior to testing, each subject was provided with basic instruction and training on how to operate all the stairchairs. Since all the plramedics had experience with stairchairs, the training was brief. A total of six different models of stairchairs and three different carrying positions (i.e., follower, leader facing backward, and leader facing forward) were presented to each subject in random order. Three trials for each combination were collected. Data Analysis Data were collected on three task components of each trial: the initial entry onto the stairs, the mid-point down the stairwell, and the carry through a 900 turn on a landing (Lavender et al. (2000a; 2000b)). The postural data were extracted from the videotapes using the cameras with the most orthogonal view for the given task. Body segment orientations were expressed in terms of the coordinate system specified within the University of Michigan's 3D Static Strength Prediction Program™ (3DSSPP). The three-dimensional trunk postures, namely the degree of forward bending, side bending, and twisting, were obtained from the LMM. Each task component was modeled for each subject in the simulation using the 3DSSPP. Each paramedic's height and weight were entered into the 3DSSPP which then scaled the models according to these anthropometric dimensions. The forces on the handles were assumed to be evenly distributed between the two hands. Postures in the 3DSSPP were adjusted according to each subject's measured posture from the videotape. The shear and compressive forces acting on the spine, particularly the L5/S 1 joint, were computed by the 3DSSPP. The logistic regression model deve loped by Marras et al. (1993) was used to quantify the relative risk of low back disorder (LBO) based upon the trunk motion and dynamometer data. This logistic regression model used the following five factors to determine the probability that the observed task was representative of a high LBD risk task: (1) the lifting rate per hour, (2) the average twisting velocity, (3) the maximum load moment during the lift, (4) the amount for forward (sagittal) bending during the lift, (5) the peak lateral bending velocity. RESULTS AND DISCUSSION As can been seen from Table 1, stairchair, position, task, and the interaction between chair and position all had a significant effect upon spinal stress and variables comprising the relative risk of low back disorder (Marras et aI., ]993). 2 Agenda Item No. 16F3 March 14, 2006 Page 32 of 44 .~ 'I l"~l!'~ "'~. ~~' '\~"';"""; ,.~'~:::1! ~"""'''''''' .:' "- ~--'" " , ,..... . :'_:" ,.", , -,," -,. . . .. .'" " .. ,-... ,. MODEL 1 MODEL 2 .- MODEL 3 MODEL 4 .,;J"- """ fI"''l; ... ''';0;;..,",0'''' A: .. MODEL 5 MODEL 6 _. Figure 1: Six models of stair chairs used in this study 3 0' _~_.... -'--'--'~"-- .- ._-~_.__.. Agenda Item No, 16F3 March 14, 2006 Page 33 of 44 Table 1: Summarized ANOV A results for res onse variables. Response Variable Stairchair Position Task Chair*Position F,value (p>F) F,value (p>F) F ,value (p>F) F,value (p>F) L5/S] COffi'pression Force 0.001' 0,001' 0,001' 0.001' L5/S 1 Shear Force 0.001 ' 0.001' 0,001' 0,001' A verage Twisting Velocity 0.001' 0.001' 0,001' 0,001' Maximum Moment 0.001' Q.OOI' 0.001' 0.001' Maximum Sal!ittal Flexion 0.001' 0.001' 0.001' 0.001' Maximum Lateral Velocity 0.001' 0.001' 0.001' 0.001' Relative Risk of Low Back Disorder 0,001' 0.001' (WOI' O.OOt' '" Value of (p>F) which is less than 0.05 indicates that the effect of the factor is significant at a=O.05. Table 2 presents the summa!)' of means and standard deviations of L5/S I compression forces as determined by the 3DSSPP for the stairclnir, position, and task. Duncan's Multiple Range test was performed on the means to determine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic letters) of Table 2. As can be seen in Table 2, under the heading of stairchair, Model 6 had significantly lower compression values as compared to all other chairs. Models 1 and 5 were not significantly different from each other and Models 2 and 4 were not significantly different from each other. Model 3 generated significantly higher compression values as compared to all other chairs. In terms of carrying position, the leader facing forward position was determined to have significantly lower compression values as compared to the other two positions. The spinal compression force on the followers and the leaders facing backward were, on average, 48% and 53% larger than that experienced by the leaders facing forward, respectively. Tasks I and 3 generated significantly higher compression values as compared to Task 2. Table 2: SummarY of mean (std. dev.) LS/S I Compressions across treatment combinations (Newton). Task 1: Initial (B) Task 2: Middle (A) Task 3: 90' Turn (Landin~) (B) Position Follov,ier Leader Leader Follower Leader Leader FolIO\ver Leader Leader -> Facing Facing Facing Facing Facing Facing Backward Forward Backward F olWard Backward Forward Stairchair (B) (B) (A) (B) (B) (A) (B) (B) (A) Modell 2815 1870 1215 2087 1836 1057 ]915 1828 1300 (B) (831 ) (640) (458) (777) (691) (428) (698) (1040) (777) Model 2 2996 2465 2386 2089 1608 2215 (C) (725) (79<1) . (747) (739) , (538) (792) , Model 3 3920 2307 1716 3092 2063 1113 1881 3539 3440 WI (1372) (794) (841) (1209) (761) (513) (1165) (1 i(2) (899) Model 4 2433 2354 1743 2195 2211 2978 (C) (716) (1008) , (738) (801 ) , (988) (2058) , Model 5 2330 2481 1429 1625 2166 1158 1791 24] 1 1310 (B) (938) (948) (588) (707) (922) (544) (510) (1337) (573) Model 6 1291 1391 1300 1166 ]024 718 838 (.4) (839) (710) (860) (764) (443) (343) (385) .. '* * S1airchair n01 designed for operation in this position. ** Stairchair designed to be operated by the follower alone. Table 3 presents the summary of means and standard deviations of relative risk of low back disorders across the treatment combinati::ms. Duncan's Multiple Range test was performed on the means to determine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic letters) of Table 3. As can be seen in Table 3, under the heading of stairchair, Model 6 had significantly lower probabilities of LBD as compared to all other combinations. Model 3 was significantly different than all other models. Models 1 and 5 were not significantly different from each other and Models 2 and 4 were not significantly different from each other. All three carrying positions were significantly different from one 4 Agenda Item No. 16F3 March 14, 2006 Page 34 of 44 _. another. The relative risk ofLBD on the followers and the leaders facing backward were, on average, 31 % and 50% higher than that experienced by the leaders facing forward, respectively. Task 3 posed significantly higher risk than the other two tasks. Table 3: Summar\' of mean (std. dev.) of relative risk of low back disorder (%) across treatment combinations. Task 1: Initial (A) Task 2: Middle (A) Task 3: 900 Turn (Landin!!) (8) Position Follower Leader Leader Follower Leader Leader Follower Leader Leader .... Facing Facing Facing Facing Facing Facing Backward Fot'\.\'ard Backward F otVv'ard Backward F orn'ard Stairchair (B) (C) (A) (8) (C) (A) (B) (e) IA) Model t 25.8 30.5 19.2 26.3 32.5 16.2 30.3 35.0 28.3 (C) (5.7) (9.6) 19.5) (5.0) (8.9) (7.9) (4.2) (7.9) (5.6) Model 2 27.7 34.5 31.8 30.7 35.2 32.8 (D) (6.4) (9.8) . (8.5) (7.3) . (6.4) (12.01 . Model 3 16.3 17.3 13.3 14.3 18.6 9.6 22.2 32.9 39.7 IE) (10.1) (7.5) (8.8) (11.1) (5.2) (6.1) (7.8) 17.7) (8.9) Model 4 31.4 33.8 30.1 31.3 36.1 36.8 (D) (7.0) (8.6) . (7.3) (8.0) . 17.8) (8.9) . ModelS 30.2 33.1 20.6 28.5 34.1 16.1 31.9 33.7 26.4 Ie) (10.9) (11.0) (12.4) (9.3) (9.7) (9.5) (8.4) (10.31 (10.4) Model 6 15.1 15.9 14.6 13.0 18.3 13.2 19.4 (A) (I t.5) (7.7) (10.6) (10.1) (7.9) (8.3) (7.8) .. .. * Stairchair not designed for operation in this position. ** Stairchair designed to be operated by the follower alone. - CONCLUSIONS Results from this study demonstrate that, although patient transport is a high-risk task, the design of stairchairs can significantly influence the biomechanical loads experienced by paramedics. Designs, like Model 6, can significantly reduce compression force (L5/S1) and relative risk of low back disorder by using the stairwell to support the weight of the victim and chair rather than the paramedic, Furthennore, stairchairs that are designed to allow the leader to descend the stairs forward facing reduces tlle biomechanical loads placed on that individual. The negotiation of a 900 turn was detennined to be hazardous, thus identifYing the need to develop stairchairs which can maneuver easily in tight situations. Overall, this study highlights the importance of equipment design and selection for paramedics and firefighters. REFERENCES 1. Hogya, P.T., Ellis, L. (1990). Evaluation of the Injury Profile of Personnel in a Busy Urban EMS System. J. Emergency Med., 8, 301l-311. 2. Lavender, S.A., Conrad, K.M., Rei;;helt, P.A., Meyer, F.T., Johnson, P.W. (2000a). Postural Analysis of Paramedics Simulating Frequently Performed Strenuous Work Task. Applied Ergonomics, 31,45-57. 3. Lavender, S.A., Conrad, K.M., Reichelt, P.A., Johnson, P.W., Meyer, F.T. (2000b). Biomechanical Analyses of Paramedics Simulating Frequently Performed Strenuous Work Tasks. Applied Ergonomics, 31, t67-177. 4. Marras, W.S.. Lavender, S.A.. Leurgans. S.E., Rajulu, S.L., Allread, W. G., Fathallah. FA, Ferguson, S.A. (1993). The Role of Dynamic Three Dimensional Trunk Motion in Occupationally-Related Low Back Disorders: The Effects of Workplace Factors, Trunk Position, Trunk Motion Characteristics on Risk oflnjury. Spine, 18,617.628. 5. University of Michigan, Center for Ergonomics (1998). 3D Static Strength Prediction Program (Version 4.0) for T'Vindows - 95. The Regents of The University of Michigan. 5 .--- ._~" n~.__~ Agenda Item No. 16F3 March 14, 2006 Page 35 of 44 -~ Attachment B-3 Comparison of Commercial Stairchairs using Data Envelopment Analysis EMERGENCY MEDICAL SERVICES - MATCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 -, ~----'-- -'_."'-''''-...-" _._"" -... Agenda Item No. 16F3 March 14, 2006 Page 36 of 44 - Comparison of Commercial Stairchairs using Data Envelopment Analysis Steven E. Butt*, Tycho K. Fredericks, Sang D. Choi, and Ani! R. KumaI' Human Performance Institute, Department of Industrial and Manufacturing Engineering Western Michigan University, Kalamazoo, M[ 49008-506], USA Abstract. Firefighters and Emergency Medical Services (EMS) personnel must perfonn a wide array of potentially hazardous emergency rescue procedures that often include the use of specially designed rescue and/or transport equipment. One common procedure involves transporting a victim down one or more nights of stairs using a stairchair. Since there are several stairchair models commercially available, the objective of this study was to analyze and compare the performance of six different models following a scenario-based study that involved EMS professionals carrying a pa~ient down one flight of stairs and continuing 900 through a landing. Perfonnance of the slaircnairs was evaluated based upon subjective and quantitative measures. Stairchair performance rankings were then developed from the accumulated measures via mean cross~cfficiency scores developed with ~he application of Data Envelopment Analysis. - INTRODUCTION Emergency Medical Services (EMS) personnel pelfonn many emergency and rescue tasks that put them at an elevated risk of incurring musculoskeletal injuries. One task frequently performed by EMS professionals involves transporting a patient down one or more llights of stairs using a piece of equipment called a stairchair. The objective of this paper is to compare and rank six stairchuir designs (see Figure 1) based on data that measures the effort and relative risk of low back disorder (LBD) (Marras, et.a!., 1993) involved in using the studied chair designs. The comparison of a group of products, such as models of stairchairs, is frequently based on the numerical values of several attributes. In many cases, some products will score quite favorably with respect to one or morc attributes, and poorly with respect to others. This can make it very difficult to compare product designs. especially if the designs are based on dilTerent usability tradeoffs. To define an overall performance (or efficiency) measure for each product design. one approach is to build an "engineering ratio" consisting of a weighted sum of a product's output attributes divided by a ,,,,eightcd sum of its input attributes (Doyle & Green, 1994). However. developing such ratios is often complicated by the absence of a natural or obvious way to weight the importance of each attribute toward overall performance. Data Envelopment Analysis (DEA) can be used to alleviate the difficulty in defining a set of weights for comparison. DEA is a linear programming technique that allows each product to cI-Dose its own set of weights so that it appears in the best possible light relative to the other products being considered. 1l1at is, each product selects the weights that maximizes its weighted output to input ratio (\'imple efficiel1LJ' score), subject to tre constraints that the weighted output to input ratio of each product is ,.; 1, when subjected to thc same chosen weights. - .. Corresponding Author (Emai/: s1Pven.hu/t'~I)wmit~h edu Fax: (616) 387-4075, Phone: (616) 387-3746) 1 _.M -" ---. ..- Agenda Item No. 16F3 March 14, 2006 Page 37 of 44 . J 't';;~i.~-.;,;\~ , , ~."/, if" f'l>,t, ~*"'( ,/ !',l'L"",,,,.' ',.......... ,""-- ~,t.,. '~~~';;I, '. .8 i ,...." ",,- '- - MODEL I MODEL 2 MODEL 3 MODEL 4 1-- ... ,,'" ..".J ~~' "'. ."..,.~ ., ;.... ~. ... MODEL 5 MODEL 6 Figure 1: Chair model designs studied. 2 Agenda Item No, 16F3 March 14, 2006 Page 38 of 44 ... In DEA, the maximum simple efficiency score of one (100% relative efficiency) identifies a product as a good performer relative to the other products being considered. However, Doyle and Green (1994) suggest that a simple efficiency score can be thought of as a measure of self-appraisal, which may be misleading in that it could be based on a product performing very well with respect to only one or a few desirable attributes. Doyle and Green (1994) also suggest that an alternative measure, based on peer appraisal, can be obtained from DEA in terms of a set of cross-efficiency scores, A cross-efficiency score for product A is obtained from product B by calculating the weighted output to input ratio for product A, based on the optimal weights chosen by product R A high mean cross-efficiency score is an ind ication of a good overall performing product design, In this paper we calculate the simple efficiency and mean cross-efficiency score for each stairchair design via a DEA model in which there is only one "input", and several "outputs" (Caporaletti, Dulla, & Womer, 1999). METHODS AND PROCEDURES Subjects Eight male EMS professionals volunteered to participate in the data collection portion of this study, The age range of these eight men was from 20 to 47 years, with a mean of 31 years and a standard deviation of 8 years, The mean height and weight of these eight individuals were 1.81 m (range: 1.71-1.98 m) and 101 kg (range: 58-123 kg), respectively, Before data were collected, all subjects were given an orientation that included a discussion of the cxperimental procedures and practice runs with each stairehair design studied, Procedure Six stairchair designs (Figure I) were evaluated with respect to three different carrying positions (i.e., _ follower, leader facing backward, and leader facing forward), The task perfonned by the subjects included transporting a victim (weight 70 kg) down one flight of stairs and through a landing, The testing environment included an open staircase with 20 steps and a landing, which required a 900 turn, The staircase width was 840 mm with each stcp having a 180 mm rise and a 280 mm run, Four video cameras were positioned to provide the best orthogonal views to the sagittal and frontal planes of each subject Trunk positions and motions were measured with the Lumbar Motion Monitor (LMM) manufactured by Chattanooga Group, Inc, (Chattanooga, TN), This device measures the motion in the lumbar and lower thoracic sections of the spine, Data Collection Both objective and subjective measures were collected at different times during the experiment Objective measures were collected during the trials at each of three stair positions (initial step, mid-stair, and landing) using the University of Michigan's 3D Static Strength Prediction program™ (3D SSPP) and a Lumbar Motion Monitor (LMM), Postural data were extracted from the videotapes using the camera with the most orthogonal view for the given subtask. Body segment orientations werc expressed in terms of the coordinate system specified within the Univcrsity of Michigan' s 3D Static Strength Prcdiction ProgramrM (3D SSPP). The three, dimensional trunk postures, namely the degree of ti.mvard bending, side bending, and twisting, were obtained from the LMM. Biomechanical analyses werc conducted on these objective measures to quantify the risk of low back disorder (LBD) (Marras, et.aL, 1993) and L5/S 1 disc shear and compression. Ratings of perceived exer1ion (RPE) (Borg, 1970) for each chair/position combination were collected at the conclusion of each triaL Additionally, an ll,point subjective comfort scale (Shackcl eta!., 1969) was administered following three trials of each chair/position combination. (Note: a score of one corresponds to "1 feel completely relaxed", and a score of 11 corresponds to "1 feel unbearable pain"). Analysis - To rank the chair designs via mean cross-efficiencies, the DEA methodology of Baker and Talluri (1997) was employed. Three separate ranking schemes are presented based on three scenarios. The scenarios 3 ._._.._-,---~".- ...----..-....- <~"-- -.----. Agenda Item No. 16F3 March 14, 2006 Page 39 of 44 differ by the position that the leader is facing. The three scenarios include: (i) leader facing backward, (ii) leader facing forward (two models did not have the capability for this carry - Models 2 & 4), and (iii) leader facing according to the manufacturer's recommendation. (Note: for four models it is recommended that the leader should face backward (Models 1,2, 3, & 4). The recommendation for the other two models is that the leader should face forward (Models 5 & 6).) The mean values listed in Tables I, 2, and 3 correspond to these three scenarios, respectively. Each mean is based upon an aggregation of the data collected for both the follower and leader for each chair design. The five subjective and objective measures listed in Tables 1, 2, and 3 are the outputs used in the DEA model. The inp ut for each chair is the carrying task itself, and since it is the same for each chair, it is set at unity. Finally, since we wish to maximize desirable output attributes, the reciprocal of all five'output measures are used in the DEA calculations. The simple efficiencies and the mean cross, efficiencies calculated for each scenario are found in Tables 4, 5, and 6, along with the corresponding ranks of the stairchairs (a rank of I being the most desirable). Table 1: Mean Values for Follower! Leader Backward Combination. Chair Subjective Carry RPE (Borg) LBD L5/S I Compression L5!S t Shear Model (II point scale) (6.20 point seale) (%) (New1on) (Newton) I 4.188 10.906 30.069 2058.4 489.9 2 4.531 12.458 32.118 2293.3 491.5 3 3.938 10.292 20.278 2800.0 484.8 4 3.969 11.208 33.250 2318.9 493.4 5 3.000 10.094 31.910 2134.3 487.3 6 2.313 6.542 13.61 t 951.7 252.5 Table 2: Mean Values for FollowerlLeader Forward Combination. Chair Subjective Carry RPE (Borg) LBD U!S I Compression L5!S 1 Shear Model (II Doinl scale) (6,20 Doinl scale) (%) (Newton) (Newton) I 4.063 10.8]3 24.361 1731.4 484.2 3 4.438 11.292 19.240 2527.0 482.5 5 2.750 9.823 25.61 I 1607.5 480.3 6 2.250 6.729 12.528 885.5 250.4 Table 3: Mean Values By Manufacturer Recommended Positions. Chair Subjective Carry RPE (Borg) LBD L5/S1 Compression L5!S I Shoar Model (II point scale) (6.20 point scale) (%) (Newton) (Newton) 1 4.188 10.906 30.069 2058.4 489.9 2 4.531 12.458 32. 118 2293.3 491.5 3 3.938 10.292 20.278 2800.0 484.8 4 3.969 11.208 33.250 23 I 8.9 493.4 5 2.750 9.823 25.611 1607.5 480.3 6 2.250 6.729 12.528 8855 250.4 4 Agenda Item No, 16F3 March 14,2006 Page 40 of 44 ,_. fable 4: Simple and Mean Cross-efficiency Scores for Table 5: Simple and Cross-efficiency Scores for Follower/Leader Backward Combination. Follower/Leader Forward Combination. Chair Simple Efficiency Mean Cross~efficiency Rank Chair Simple Efficiency Mean Cross-efficiency Rank Model (self-aDoraisa!)' (oeer-aDoraisal) Model (self-appraisal) ( neer-annraisal) t 0.600 0.544 4 t 0.622 0.578 4 2 0.525 0,487 6 3 0.596 0.588 3 3 0.671 0,584 3 5 0.818 0.669 2 4 0.583 0.536 5 6 1.000 1.000 1 5 0.771 0.598 2 6 1.000 1.000 1 Table 6: Simple and Cross-etTiciency Scores for Manufacturer Recommended Positions. Chair Leader Simple Efficiency Mean Cross-efficiency Rank Model Position ( self,appraisa!) (neer.aPDraisa!) I Back\vard 0,617 0.572 4 2 Backward 0.540 0.507 6 3 Backv..'ard 0.654 0.584 3 4 Bacb,,'ard 0.600 0.558 5 5 Forward 0.818 0.685 2 6 FOtv.'ard 1.000 1.000 I _ CONCLUSIONS Regardless of the scenario, the design of Model 6 outperforms the other five designs, Mean cross-efficiency scores show that this type of design is a good overall performer, and Tables 1,3 further substantiate the effectiveness of this design based on individual attributes, From Tables J,6, it is also evident that the leader forward position has an advantage over the leader backward position, for all chairs that are capable of using this position, Finally, while rankings have been assigned to each chair design based on cross-efficiency scores, it is difficult to clearly distinguish between the performances of Models J - 5. REFERENCES 1. Baker, KC., Talluri, S, (1997), A closer look at the use of Data Envelopment Analysis for technology selection. Computers & Industrial Engineering, 32,101-108. 2. Borg, G. (1970). Perceived exeltion as an indicator of somatic stress. Scandinavian Journal of Rehabilitation Medicine, 12,219,230. 3. Caporaleni. L.E., Dula, lH., Womer, N.K. (1999). Performance evaluation based on multiple attributes with nonparal1letric frontiers. OMEGA, 27, 637,645, 4. Doyle, J., Green, R. (1994). Efficiency and cross, efficiency in DEA: Derivations, meanings and uses. Journal of the Operational Research Society, 45, 567-578. 5. Marras, W.S., Lavender, S.A., Leurgans, S.E., Rajulu, S.L. Allread, W.G., Fathallah, FA., Ferguson, S. A. (1993). The role of dynamic three dimensional trunk motion in occupationally, related low back disorders: The effects of workplace factors, trunk position, and trunk motion characteristics on risk of injury. Spine, 18,617-628. _6. Shackel, B., Chidsey, K.D. and Shipley, P. (J969). The assessment of chair comfort Ergonomics, 12, 269,306. 5 .,._-.--- ""..__.__H____ -----~._-- Agenda Item No. 16F3 March 14, 2006 Page 41 of 44 ,-, Attachment C Transport device will aid EMTs EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM ,- Collier County Emergency Medical Services March 2006 <.- '--^'-~"---_.._..,..._.._.- ,-, , '._.._...._0" ~ _.._--_.~_....,,-" Agenda Item No. 16F3 March 14, 2006 Page 42 of 44 ~ Transport device will aid EMTs Web posted Thursday, March 6, 2003 . Have a thought? Go to the Forums or Chat. By Donnie Fetter Columbia County Bureau A new device is taking a big ioad off Columbia County emergency responders. The Stair Chair, made by the Stryker Corp., is designed to transport patients down a flight of stairs with little effort on the part of emergency medical personnel. Gold Cross recently purchased 10 Stair Chairs for $2,000 each and put them into use in their ambulances Thursday. 'We're always on the lookout for the latest technologies that will help us save lives," said Tom Schneider, the CEO of Gold Cross. "The Stair Chair is one of the best new inventions that I've seen in a long time, and we'll get a lot of use out of them." - The Stair Chair weighs about 40 pounds and folds up so it can be easily carried by one person. When it is upright, the chair looks and moves like a standard wheelchair. A patient sits on the chair and is strapped in. EMTs lean the chair back until it rests on two 3-foot-long tracks made of Kevlar. Paramedics hold on to hand grips at each end of the chair and guide the patient down the stairs. The Kevlar tracks provide resistance against the steps to slow the descent of the patient. The more a patient weighs, the slower the chair moves.. The Stair Chair can help a patient weighing as much as 400 pounds down stairs. Gold Cross Director Dan Gates estimates the chair will be used once a week. "There's a lot of two,story houses in Columbia County, and it's real difficult to try and manhandle stretchers on stairs," Mr. Gates said. "It saves patients from possibly being further injured by us bringing them down on a stretcher, or on a chair, or, sometimes, having them walk down on their own." -. Reach Donnie Fetter at (706) 868-1222, ext. 109, or ccchroniWauaustachronicle.com. --From the Friday, March 7, 2003 printed edition of the Augusta Chronicle --<' ---~-. ,-- ._..,.~. Agenda Item No. 16F3 March 14, 2006 Page 43 of 44 - Attachment D Collier County Demographic Characteristics EMERGENCY MEDICAL SERVICES MA TCHING GRANT PROGRAM -, Collier County Emergency Medical Services March 2006 - n_"_~__' .......__......_.___~~ ..-.....-.,...--.- .o"~ . "~-_._,,"~_..,,-- Agenda Item No. 16F3 M",d, 14, 2000 Table DP.I. Profile of General Demographic Characteristics: 2000 Page 44 of 44 --'":eographic area: Collier County, Florida or information on confidentiality protection, nonsampling error, and definitions, see text] Subject Number Percent Subject Number Percent Total population........... ,.............. 251,377 100.0 HISPANIC OR LATINO AND RACE Total population.......................... 251,377 100,0 SEX AND AGE Hispanic or Latino (of any race).. ............. 49,296 19.6 Male....... '-' ..... ........... ......... ",. 125,856 50.1 Mexican............................,..... . 28,382 11.3 Female. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . 125.521 49.9 Puerto Rican. . .. ... ..... ......"". 3.071 1.2 Under 5 years................ .. ............. 13,441 5.3 Cuban ....,....... .....,. ............... 6,860 2.7 Other Hispanic or Latino. , . . . . . . . . . . . . . . 10,983 4,4 5 to 9 years.... ..... ............. .... 14,444 5.7 No1 Hispanic or Latino ...... ....,. ....... ... 202.081 80,4 10 to 14 years... ............... ... ........ 13.677 5.4 15 to 19 years,....,..,............ ... ..... 13,382 5.3 White alone......,........,... .......... ... 185.517 73.8 20 to 24 years... ... .... ...................,. 11,708 4.7 RELATIONSHIP 25 to 34 years . . ........................... 28,262 11.2 Total population.. ......... ... ............ 251,377 100.0 35 to 44 years ........ ................ .....,. 33.458 13.3 In households... . . . . . . . , . , . . . . , . , . . . . . . . . . . 246,587 98.1 45 to 54 years... .... .................. 29,515 11.7 Householder. . . . . . . . ................,... 102.973 41.0 55~59~~.............,....,............ 15,518 6.2 Spouse ............. ................... 59,871 23.8 60t064years............. ... .....,......, 16.459 6.5 Child......................,............ . 54.507 21.7 65 to 74 years............ ............,..."'. 35.088 14.0 Own child under 16 years........ .... 43,796 17.4 75 to 84 years. . . . . . . . . . . . , . . . . . . . , , . . , . . . . . . 21,060 8,4 Other relatives . ..........,.,... ....... ..... 13.453 5.4 85 years and over. ...... ...........,., ...,... 5,365 2.1 Under 18 years...... ... ........ ....... 4,155 1.7 Median age (years). . . . , . . . . . , . . . . . . . . . . . . . .. . 44.1 (X) Nonrelatives . . . ...................... 15,783 6.3 Unmarried partner.... ......... ........ 5,261 2.1 18 years and oyer........,.....,.....,....... 201.436 80.1 In group quarters.,., .......,.. ... ... .... 4.790 1.9 Male...... ... ... "...................... 100,325 39.9 Institutionalized population. . . . . . . . . . . . . . . . . . . 2,294 0.9 Female..... ........ ...... ..... ... 101,111 40.2 Noninstitutionalized population. . . . . . . . .' 2,496 1.0 21 years and over. , . . .. ............ ... 194,117 77.2 62 years and over. . . . . . . . . , . . . . . . . , . . . 71.479 28.4 HOUSEHOLD BY TYPE 65 years and over....,........ ..... .....,.... 61,513 24.5 Total households. .. . .. . , . . , . . .. . . . . . . . . .. 102,973 100.0 Male................ ................... 29,533 11.7 Family households (families)., ........ "..... 71,264 69.2 Female, ,.................,........ 31,980 12.7 With own children under 18 years. . . . . . . . . . 23.404 22.7 .- Married-couple faml1y....................... 59,871 58.1 'ACE With own children under 18 years. . . . . .. .. 17,030 16.5 Jne race.......... . . . . . . . . . . . . . . . ... 245.773 97.8 Female householder, no husband present. . . . . 7,445 7.2 White.............,.............. ...... 216,345 86.1 With own children under 18 years... ..... .. 4,480 4,4 Black or African American. . . . . . . . . . . . 11,419 4.5 Nonfamily households. < . . . . . . . . . . < . . . . . . . . 31,709 30.8 American Indian and Alaska Native. . . . . . . . . 733 0.3 Householder lIying alone. ...... ......,..... 25,226 24.5 Asian...... ..... ................... 1,569 0.6 Householder 65 years and over. . . . . . . . . . . . 12,24B 11.9 Asian Indian. . . , , . . .. . . . .. . .. . , .. . . . , . .. . 424 0.2 Chinese......... ... ......... ... 318 0.1 Households with individuals under 18 years. 25.906 25.2 Filipino........... ... ............ ... 277 0.1 Households with Individuals 65 years and over. 40,580 39.4 Japanese. . . . . . . . . . . . . . , . . . . . . . .. . . . . . . . 78 ~ Average household size. . 2.39 (X) Korean.... ............. ........... 123 .................. . Average family size. . . , . . . 2.79 (X) Vietnamese..,.................... . 161 0.1 ............ Other Asian 1..,... ............ ...,.. 188 0.1 HOUSING OCCUPANCY Native Hawaiian and Other Pacific Islander. . . . 153 0.1 Total housing units............,.......... 144,536 100.0 Native Hawaiian. ........... ...... 23 - Occupied housing units............. ... ..... 102,973 71.2 Guamanian orChamorro.......,..,.....,. 88 : Vacant housing units..... ....... ..... ...,.... 41,563 28.8 Samoan......,.....,....,......,....... . 13 Other Pacific I slander 2 . 29 For seasonal, recreational, or . . . .. ... . occasional use..................... .. .... 34,337 23.8 Some other race.......... ... .......... 15,554 6,2 Two or more races.......... ................ 5,604 2,2 Homeowner vacancy rate (percent). . . . . . . . . 2.6 (X) Race alone or in combination with one Rental vacancy rate (percent). ............. 9.8 (X) or more other races: :J HOUSING TENURE Whits. ..... ............................ 219,705 87.4 Occupied housing units. . . . . . ... . . . . .. . . . 102,973 100.0 Black or African American .............. ....... 13,778 5.5 Owner-occupied housing units. ... ........... 77 ,825 75.6 American Indian and Alaska Native. . . . , . . . , . . . . 1,354 0.5 Renter-occupied housing units. . . . . . . . . . 25,148 24.4 Asian .... ....... ......... .... ....... ....,... 2.095 0.8 Native Hawaiian and Other Pacific Islander...... 286 0.1 Average household size of owner-occupied units. 2.31 (X) Some other race..... ... ............ ... 19,920 7.9 Average household size of renter-occupied units. 2.65 (X) - Represents zero or rounds to zero. (X) Not applicable. 1 Other Asian alone, or two or more Asian categories. 2 Other Pacific Islander alone, or two or more Na1ive Hawaiian and Other Pacific Islander categories. 3 In combination with one or more of the other races listed. The six numbers may add to more than the total population and the six percentages -"lay add to more than 100 percent because individuals may report more than one race. Source: U.S. Census Bureau, Census 2000. 1 u.s. Cen~us Bureau ---- ______M'__'_'____ ~ .--.. ~---_...--- Agenda Item No. 16G1 March 14, 2006 Page 1 of 2 ",,~ EXECUTIVE SUMMARY Recommendation to approve the creation of one 0.5 full time equivalent (FTE) employee for the Marco Island Executive Airport. OBJECTIVE: That the Board of County Commissioners (BCC) approve the creation of one 0.5 FTE employee for the Marco Island Executive Airport. CONSIDERATION: In an ongoing effort to staff the Authority in the most productive, cost efficient manner, the Authority reduced staffing by two administrative positions for fiscal year 2006. Jet traffic is increasing, which requires additional front line service personnel in order to provide appropriate levels of customer service at the Marco Island Executive Airport. Jet fuel sales are the major revenue source for the Collier County Airport Authority as a whole. It is requested that the existing part time position (0.5 FTE Maintenance Worker) be combined with the new 0.5 FTE to create a 1.0 FTE full time Maintenance Worker. FISCAL IMPACT: Funds are available from the Collier County Airport Authority Operating Fund (495). ,"'~~' GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the BCC approve the creation of one 0.5 FTE for the Marco Island Executive Airport. Prepared by Debi Mueller ,-- - -~~_." ". ,",.~_"~><,,. "....~'._._m~.. .".""",.-,...,"" "... Agenda Item No. 16G1 March 14,2006 ~'aga 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - It.mNumb.r: 1t101 ItlmSummary; R"r,Om"'f1ftrJationtoapPfO\'\'lheor"alionoloneO.Sfulil1rl\Il'''lU'\'H.IHnt CFl'E) "mpioY"6 fOT the MH.:(;[j;sl,md E."cut,v" Airfmrt MeeUngDate; :J!14JZ0068 00 CifJAM Prepared By D~l>j M"(Iller Annflu!'IIT..ch!'lican 0"" CountyM""~9<>"sOffi,,* AI,portAulnodty JI1.'200li 1:55:45 PM Approved By ThemsnM.Co<>K E"~cul;v<> OiC(tcto' Dat~ CountyM~"agQr'u On;ce AIC!""tAutho';ly 31112\l063:15PM Approved By OMeCoprn;nalor Atlmift;~\rati~~ Asa;$13nt DJt~ Courtly M~na9""& 011;':" Ollineo!Ma"all..m~"t&fl"<l9"-t 312IZ0(l~ 1:34 PM ApprGved By RantlyGrMrtWald M~nag~n'er\tfB"dgetA!1aIY6t Vow Cou"t)' Ma"1l9""50ffi(:~ Otlit;.ofM~""Sl"me,..,t&al.ldg,,1 31zrzooa 4,43 PM Approved By Mict...alSmykowsKl M~r\J'\9"ment&e"dgetOirent'" 0.. C""ntyManager'flOfHce Ofllce of Man>lgem"nt & S"tlget ~13!2l}06E,S4AM Approved8y J..m"~II_M,,,}d C",mtyM~nagr.r O~'" gca'olof Co""ty 3i6iZ0063:18PM C"'nmis~;"n'~"~ Cou""ty Mano\Jor'S Otlice .- - ~.--_... - --~--. ----- Agenda Item No. 16H1 March 14, 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 Corrunissioners 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, environmenta~ 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: Gulf Citrus Best Management Practices Kickoff Event at A Duda & Sons in Hendry County - PUBLIC PURPOSE: Meet with leaders in government and the agricultural industry to develop a manual that will protect and improve water quality for citrus operations in Charlotte, Collier, Glades, Hendry and Lee counties. DATE OF FUNCTION/EVENT: February], 2006 FISCAL IMPACT: $]0.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-4] 0, approve payment by the Clerk for Commissioner Frank Halas to attend function scrving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: March ]4,2006 .--- _.,-~.. .. ,.~~....~. ' o,.H ~"~,.,,,._.,,">.~" "'"---,.......~".... Agenda item No. 16H1 March 14, 2000 Page2oi3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .- IUlmNumber. 16H1 Item Summary; COlllmlssirJner Halas ,eqLJ!)sf$ SOMa appmva! fm 'tlimblHBen>enl fo! iJH'Jlloing ~ fun~1;("" ""rving II v<llid public p"'po~". Alf<lr\(jad the Gult Cijr!,;" Bast Managemeot Pmdi';es kicknff "v&nt on Fllbwary 1, 2tl06 at A DUlJa Ii. S()rI~ in Hendry C\'LJIlty; $1G fJll to I.>e ;>sid jmm ComrniS6'OllmH313Slravelb"dgllt MeetlngOete; :jl1~i20()bHOO'()()AM PreparcdBy Tr;shaMcPher50n Ex'Jc"\;"~ Aide 10 (IW BeC Date B<I,,,clofCounty BCCOf!icR 1/6120062:25,03 PM Commissioners Approved By SIm Fi;~on ExeouUveM"o.lIe.tnth"SCC Oale ao.~cd 01 County BCC Ofrlce 31ii1lOOO1,27 PM CI,,"....i"slo"'H~ Approved By J~",""V. M"dd Cl)u"tyM~"ag'" D~,t.. BournolC"""iy 3IliJ2006;>;14f'M Co",rn;s~i"'"'''' CouolyM"M!l"r',.Olf;ce - -- --.." -.--., -"..- ~.._-- Agenda Item No. 16H1 . March 14, 2006 Florida Department of Agriculture and Consumer Services ~.~ [J'~Ei ~l'f:: D CHARLES H. BRONSON, Commissioner The Capitol, Tallahassee, Florida 32399-0800 ','-..-',... o j;'t,:uo Cooperating Agencies "A)yI' .~' H,,, .",."">,,.~ )~/ It ~~ J" (g;)MM. RfC'D CDPY D FH H F( J( On behalf of the Gulf Citrus Best Management Practices (BMP) Steering Committee and the Gulf Citrus Growers Association, I would like to take this .. L 'J1\1 1"11\ <'I opportunity to cordially invite you to participate with us at the "Gulf Citrus BMP ',,;. FLORIDA Kickoff Event" which is scheduled for February 1,2006. The event will be held at the A Duda & Sons facilities located on State Road 29 about 6 miles south of If,;\,., I ATI !'>JW1N LaBelle in Hendry County from 11:00 a.ill. until I :00 p.m. and will include a complimentary lunch. We have assembled a distinguished group of speakers who ,\1/" will address various topics of interest relating to watershed protection. '.,. - - The primary focus for this event is to introduce and distribute our newest BMP ~ manual, entitled. Best Ma>Ulgement Practices for Gulf Cirrus. This manual reflects __ ""l nearly two years of hard work by a dedicated group of citrus growers plus local, Fih state. and federal agencies. When used by producers, the manual will protect and Fl nQa improve water quality for citrus operations in Charlotte, Collier, Glades, Hendry, and Lee counties. This effort is of special significance for the Caloosahatchee River, which is an important nursery and fishery for many species, and is an estuarine system of national significance. As many of you are aware, Florida citrus growers must utilize all tools available to them in order to remain competitive. Best Management Practices, which create reasonable environmental standards for participating growers, are one such tool. Despite all of the challenges faced by agriculture, including the recent hurricane damage and our ongoing struggle to combat citrus canker statewide. Florida citrus remains among the State's leading cash crops. In fact, the Gulf Citrus watershed alone rivals that of the entire State of California in terms of citrus producing acreage. These same acres are also critical to protecting water quality, providing valuable water recharge areas, and creating perennial open or "green" spaces throughout Southwest Florida. I want to again thank all of you that participated with us in the development of this important BMP manual and watershed protection initiative. I trust that you will join me on February I" as we celebrate and formally introduce this valuable water resources protection effort. Please RSVP with the enclosed card or call in your reservation at (863) 675.2180 by January 25th. Thank you for your interest. Sincerely, j , ~ I \ ~ . e~ ~ lOi)) p2A. ~ Charles H. Bronson Commissioner of Agriculture o NRC) Ilalvral RE!Oli'Cel ~ ConsH,J'lOn)E'\ICe -~~ Agenda Item No, 1611 March 14,2006 Page 1 of 3 -- BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MARCH 14,2006 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: (1 ) February 4,2006 through February 10, 2006. (2) February 11,2006 through February 17, 2006. (3) February 16, 2006 through February 24,2006, B. Districts: (1 ) Port of the Islands Community Improvement District: Minutes ,,-.. of December 16, 2005; Agenda for December 16, 2005. C. Minutes: (1 ) Bayshore Beautification MSTU Advisory Committee: Minutes of Special Meeting on January 26, 2006; Minutes of February 8, 2006; Agenda of February 8, 2006. (2) Collier County Planninq Commission: Agenda of February 16, 2006; Minutes of December 15, 2005; Cancellation Notice of March 2, 2006 Meeting; Agenda for New Member Orientation of March 2, 2006. (3) Historical/Archaeoloqical Preservation Board: Agenda of February 15, 2006; Minutes of January 18, 2006. (4) Land Acquisition Advisory Committee: Agenda of February 13, ~- 2006; Minutes of January 17, 2006. H:\DATA\FRONT DESK, 2006\2006 Miscellaneous Correspondence\3.14.06 Misc. Corresp.doc .--- . ._-~._~, ., . Agenda Item No. 1611 March 14, 2006 Page 2 of 3 (5) Parks and Recreation Advisorv Board: Agenda and Minutes of February 6, 2006; Agenda and Minutes of Special Meeting on February 8,2006; Agenda and Minutes of February 15, 2006; (6) Pelican Bay Services Division: Agenda of March 1, 2006; Minutes of February 1, 2006; (a) Budqet Sub-Committee: Agenda of February 15, 2006; Agenda and Minutes of September 21, 2005; Minutes of February 15, 2006. (7) Environmental Advisorv Council: Agenda of March 1, 2006; Minutes of February 1, 2006. (8) Domestic Animal Services Advisorv Committee: Minutes of November 15, 2005; Minutes of January 17, 2006. (9) Vanderbilt Beach MSTU Advisorv Committee: Agenda of ,...... March 2, 2006; Minutes of February 2, 2006. (10) Collier County Productivity Committee: Agenda and Minutes of January 18, 2006. (a) Operational, Efficiency and Effectiveness Subcommittee: Minutes of October 13, 2005. (11) Collier County Code Enforcement Board: Minutes of January 26,2006. (12) Forest Lakes MSTU Advisory Committee: Agenda of March 8, 2006; Minutes of February 8, 2006. , H:IDA T A IFRONT DESK - 200612006 Miscellaneous CorrespondenceI3.14.06 Misc. Corresp.doc Aaenda Item No, 1611 ~ March 14, 2006 Page30f 3 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS - lt8mNumb.,: 1611 It.mSummary: M;~"'<i!lilneDII~ Correspondence lo IilB fur rewrd wit!, /lr.lion df dirfide(i, M..UngData: 3i1412;)O,,900:00AM Pr"paredBy SilmTlJckof Ex,",.ullwAldololheBCC 0'" Bo",dofCounty Com"';s~io"..n Bee Office 31212C069,Ol:49AM Appro""dBy Su"FIlson ExoeuUvoM"n"ge, tolh" BCC Dale Board (If C"unly Com"'lss;on".... BCCOff)rAl 3!2i:200€10'57AM AppruvedBy LeoE.Oeh5..Jr. O..p"tyCounlyMlIllag'" Oat.. Boar(iolC"""ty CO"'ml5.51"n"'~ C<,uoIl' Mo"o{l"r'~ OHk.. 31212a063,33PM - - -",-- - --_..~,._~ Agenda Item No. 16J1 March 14, 2006 Page 1 of 3 - EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A DOCUMENT FOR TENTS YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS. ------------------------------------------------------------------- OBJECTIVE: To seek consent from the Board of County Commissioners for an approval letter for tenth year State Criminal Alien Assistance Program (SCAAP) grant funds. CONSIDERATION: On January 25, 2005 Board Chairman Fred W. Coyle designated Sheriff Don Hunter as the signing official and contact person for ninth year State Criminal Alien Assistance Program (SCAAP) funding. A letter signed by the current Board Chairman is needed that indicates Board designation authority to Sheriff Don Hunter to be the official grant applicant and contact person, and to receive and expend the payment of tenth year SCAAP grant funds. - FISCAL IMPACT: Potential award of funds is for costs associated with incarceration of aliens. This would be an outright award with no required local match or other expenditure. GROWTH MANAGEMENT: Approval of this item will have no impact on growth management. RECOMMENDATION: That the Board of County Commissioners approve the tenth year SCAAP approval letter designating authority to Sheriff Don Hunter to be the official grant applicant and contact person, and to receive and expend the payment of tenth year SCAAP funds. PREPARED BY: f irector APPROVED BY: 'ff DATE: February _. - .'-""";'-"''''--- ""."."""'.'-"~~~, AgE:nda Item No. 16J1 March 14. 2006 F'age2of3 COLLIER COUNTY BOARD OF COUNTY COMMlSSIONERS ltamNumbar:: 1(;.11 UamSummllry: Rac('mm"ndat,on (;,at the BO!lrd 01 C()U!lty Cnrntl"~~'''Jl..r~ IlpOf(JII" Ii d(,ClHl,en( for lenLh Y"ar Slllte Crirnina' Ali"n A"si"'lInr;" P"'9mm (SCAAP J G'Hnt Funds. MeetIng Data: 3/t4i2G06 g:OO DOf..M AppfavedBy LO(lE,Od1$,Jr D~flujyC(l!"'tyManaIlM O~t" a"lIrdorCounty C"m",hs;"n~'" C<>untyM"JlIl9..r'$Ofl;".. 3111260612,JOPM .- -" ----- --...--. -.--- ----~ Agenda Item No. 16J 1 ~t.!=!=z.~ M'l!) (239) n4-l1097. Fax (239) n4-3602 .... Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Certified Return Receipt 7002 0460 0001 5729 7099 March 14, 2006 SCAAP 2006 Bureau of Justice Assistance Control Desk 810 Seventh Street, NW Washington, DC 20531 Re: SCAAP Designated Official Ladies and Gentlemen: Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program (SCAAP) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Collier County Sheriff Don Hunter as the applicant and receiver and expender of the SCAAP 2006 payment. Sincerely, Frank Halas Chairman Collier County Commission A.pprc;~..... to fGt'lll & NraI ~ 7blVl f~ Aaalatam County Altor:WY---' "., ->"~~"~"""'-- Agenda Item No. 16J2 March 14, 2006 Page 1 of 16 .- EXECUTIVE SUMMARY Recommendation that the Board Of County Commissioners Approve an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Indigo Lakes Subdivision OBJECTIVE: That the Board of County Commissioners approve and authorize the Chairman to sign the attached Agreement on behalf of the Board of County Commissioners. This Agreement has been placed on the Board's Agenda at the request of the Sheriff's Office. CONSIDERATIONS: The Indigo Lakes Master Association, Inc. (hereinafter Master Association), and the Collier County Sheriff's Office have negotiated the attached Agreement. The Sheriff's Office will assume traffic control jurisdiction over private roads within the Indigo Lakes Subdivision. Representatives of the Sheriff's Office have affirmed that traffic control of the Indigo Lakes Subdivision is appropriate. A project engineer hired by the Master Association has provided a letter certifying that the Subdivision's roadway signage and pavement markings meet the standards and requirements of the Manual on Uniform Traffic Control Devices. - The attached Agreement has been executed by the Master Association and by the Sheriff's Office. The Agreement can be terminated by the Board or by the Master Association. FISCAL IMPACT: This item should have no fiscal impact upon Collier County. The Agreement specifies that the Sheriff's Office can negotiate with the Master Association to recover the Sheriff Office's costs of traffic control over these private roads, GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Agreement. RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement and authorize the Sheriff of Collier County to exercise traffic control jurisdiction over private roadways within the Indigo Lakes Subdivision, and to authorize the Chairman to sign the attached Agreement on behalf of the Board of County Commissioners. Prepared by: Tom Palmer, Assistant County Attorney - -.....,---.- ",'k"" ,,,,.,.<"... ~". .~ ,.~ Agenda I\Brn No 16J2 March 14,2006 ~'age 2 of 16 COLLIER COUl'I'TY BOARD OF COUNTY COMMISSIONERS - ItamNumbar: 1flR ItamSummary: Ra(;ll,mnandalion-rhill TIH;,Bt>llH.I OfCouniy C<>nHlltssionero APllro""ih "AltaG!lad A{jrfternent Aulh\lri7.ing Tile CoHirtrCounly Shiilrifi5 Oflice To Hllve Trafil cConlroIJul1s;jicl,on Oven Pfiv~le Roads Within The In,ligo lakes Subdivision Meeting Dala: 3i14!2006\HiOOOAM Prepared By Thorn~a Palm", A~5j~I"nl Co"nt)! Altorn<lY D~t~ Cou"tvAUor"~y CQunlyAI1Qrn~yOfl;c" 3i11200G11:4S,27AM Approved By DavidC_W,,;gel County/Worney Oat" CO"l1tyAlI<>m<lY County AUornayOffic" 3121200C 3:54 f>M Approved By OMSCoordinato, Adrninbit'ativeAuiatant Dat~ C()UntyMaMg-~r'"Olficu Office of M~n~y"rne"t J!, 8udy"l 3;6121)OG 8,47 AM Approved By MlcllaeI5",ylww~ki M~"~g,,me"t & S"dy'" lll'~ctor [)~I" County Manag-ar's Offic" Offica "fM'lnay"ma"t & Budyel 3i6!20069;BAM Approved By JamesV.Ml.Idd C""nty M~na0er om, n"on;<riC<",,,ly C<rmmis"ll.ln",g COl.lnlyM..n"gar'~omc.. 3iG.'20064:00PM - - .----- -.--. .M'___ -'^~--_.~--._-~-----~- ------ ---. Agenda Item No. 16J2 March 14, 2006 Page 3 of 16 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF I Indigo Lakes Master Association, Inc I THIS AGREEMENT is made and entered into this day of , 20_, by and among the following three parties: Indigo Lakes Master Association, Inc, 14875 Indigo Lakes Circie, Naples, Flnri"" <411 q (hereafter the "Property Owners Association);" the Collier County Sheriff's Office, 3301 East Tamiami Trail, Building J, Naples, Florida 34112; and the Board of County Commissioners of Collier County, Florida, 3301 East Tamiami Trail, Building F, Naples, Florida 34112, WHEREAS, all roads within the subdivision, I Indigo Lakes I (hereinafter the "Subdivision") (in unincorporated Collier County) are private roads that are not owned or maintained by Collier County; and WHEREAS, the Property Owners Association, which is responsible for maintaining and controlling the Subdivision, has tendered to the Sheriff of Collier County a letter dated f'December IS, 2005 l ' attached hereto as Exhibit "A," requesting that the Collier County Sheriff's Office patrol the private roads within the Subdivision and exercise jurisdiction over those private roads by enforcement of State and County traffic laws; and WHEREAS, Subsection 316,006(3)(a), Florida Statutes, provides that each Florida County may exercise jurisdiction over private road(s) located within the unincorporated area in its boundaries provided the respective County and other parties owning or controlling such roads provide, by written agreement approved by the governing body of the county for county traffic control jurisdiction over the road(s) covered by the agreement; and ---- Agenda Item No. 16J2 March 14, 2006 Page 4 of 16 .- WHEREAS, representatives of the Collier County Sheriff's Office have monitored traffic on private roads within the Subdivision and have affirmed that traffic enforcement by the Collier County Sheriff's Office is appropriate, and has agreed to provide traffic control enforcement in the geographic areas requested; and WHEREAS, a private engineering firm representing the Property Owners Association, has provided the Sheriff of Collier County with notice that the signage for the Subdivision appears to be in completed and in substantial .i accordance with the approved subdivision constructions (see Exhibit "B"); and WHEREAS, the Board of County Commissioners has reviewed these written requests and has determined that it is in the interest of the public health, safety and welfare to enter into this Agreement pursuant to Subsection 316.006(3)(b), Florida Statutes. NOW, THEREFORE, the parties hereto agree as follows: - 1. The recitals and Exhibits referenced herein above are restated and made a part of this Agreement. 2. Collier County, by action of its Board of County Commissioners, hereby determines to exercise traffic control jurisdiction over all private roads located within the geographiC area of the Subdivision as described in Exhibit "C" pursuant to this Agreement entered into pursuant to Subsection 316.006(3)(b), Florida Statutes. 3. Pursuant to Subsection 316.006(3)(b)(2), Florida Statutes, the Collier Counly Sheriff's Office hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of our next County fiscal year and agrees to the effective date of this Agreement. 4. The Collier County Sheriff's Office shall, commencing on the date of final approval by the Board of County Commissioners and thereafter until this Agreement is terminated, shall include as part of its duties, patrol and .- enforcement of all County and State traffic control regulations and laws 2 -... ---.,----------- -_.,---- .w.._.__ ,,--..._._._,._ .--- .- "~~.-' .'. ----. Agenda Item No. 16J2 March 14, 2006 Page 5 of 16 on or over private roads within the Subdivision, Including such additional roads, if any, that may hereafter come into existence within the Subdivision. 5. The parties recognize that all private roads within the Subdivision (as such roads are described herein) are not public roads, not County- owned, and neither the County nor the Sheriff's Office has any duty or responsibility for construction and/or repair of any of the same, including signage, and this Agreement does not impose any such responsibilities upon the County or the Sheriff's Office. Signage maintenance, repair and adequacy on and along the roads within the Subdivision is the responsibility of the Property Owners Association and/or other private propelty interests within said Subdivision. 6, For purposes of identification and geographic specificity, the Subdivision is composed of the platted area described in Exhibit "C" attached hereto. 7. The Collier County Sheriff's Office hereby reserves the authority under this contract to enter into negotiations with Property Owners Association for the purpose of allocating costs pursuant to Subsection 316.006(3)(b)(1), Florida Statutes, as condition to enforcement. 8. This Agreement may be changed, amended or modified only by means of a written document executed with the same formality as this Agreement. This Agreement may be terminated unilaterally by the Board of County Commissioners (by adoption of a Resolution at a public meeting of the Board of County Commissioners providing that this Agreement be terminated), or by the Property Owners Association. 9, The Property Owners Association shall hold harmless and defend Collier County and the Coliier County Sheriff, and their agents and employees from all suits and actions, including attorneys' fees and all costs of I litigation and judgments of any name and description arising out of or incidental to performance under the terms of this Agreement. 3 I -- -- ----...---------- -- --- ----- Agenda Item No. 16J2 March 14, 2006 Page6 of 16 - IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. WITNESSES: Indigo lakes Master Association, Inc /~ B~- ..- James C. Ray, . ent ~kfv~ Date: 2-'2.1-0<0 Signature of Second itness lor- ,1Tv-VI'1<~ Print Name of Second itness ~ WITNESSES: COLLIER COUNTY SHERIFF'S OFFICE s(;:;J;:~t f.1AR.Y {!OWc1't>(/GH-r Print Name of First Witness Date: ~.2.;.D~ ---- itness fJ1 . tJ. '50- H tt \/ II lC' IL- Print Name of Second/Witness -. 4 -" __..___ ....~_~.___.c___._.. _~__. --- " ',-"" Agenda Hem No. 16J2 March 14, 2006 . Page? of 16 ..--.. r , ATIEST: BOARD OF COUNTY COMMISSIONERS ',,- DWIGHT E. BROCK1 Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk FRANK HALAS1 Chairman Approved as to form and legal sufficiency: 5~ OM Thomas C. Pa mer Assistant County Attorney .....~... j I \ ~~'^ I 5 _. -_. , ..,-,-,--,,_._~,,-_.,.- -~''''..''--'-'- Gkes Agenda Item No. 16J2 March 14, 2006 Page 8 of 16 .~:.:.'..;;..-.a..--:>- .~:~ It's great to 9 row up at In dig 0 Lakes. i , i December 15, 2005 M. W Schryver, Esq. Collier County Sheriff's Department 3301 East Tamiami Trail Collier County Government Center Building J Naples. FI33962 Re: Indigo Lakes Traffic Control Agreement Dear Mr. Schryver, The Indigo Lakes HOmeo1MlerS Association, Inc. requests the Collier County Sheriff's Office to enforce all county 8Ild state traffic control regulations within the boundaries of the Indigo Lakes Subdivision. The Board of Directors approved the request for this action by written action taken without a meeting pursuant to Florida Statutes 617.0821 on June 22, 2005 Sincerely Yours, ,,'- r-> President, Indigo Lakes BOD = - = ' . cro '" -, -" ~ r"1 L''': <:::0 ~;:~ N - )>, :.........j.--. > -i .. :E 0_ - :J:} -[ -- z: .. .. mf'- N &' -< t.Y.l.it;(- II- - --.---- Agenda Item ~. 1 ~2 March ~ 6 iBanks Enninccrina. l1ur.. Page 9 0 16 -- I Professional Engineers, Planners & Land Surveyors 10511-101 Six Mile Cypress Parkway Fort Myers, Florida 33912 (239) 939-5490 Fax (239) 939-2523 Please Reply Ta FORT MYERS OFFICE November 14, 2005 Collier County Sheriff's Office 3301 Tamiami Trail East, Bldg. J Naples, FL 34112 RE: Indigo Lake. Banks Engineering. Inc. performed a site visit on October 13,2005 and the site signage appeared to be completed in substantial accordance with the approved subdivl$lon construction plans for Units 1 through 7, inclusive. These plans were certified to Collier County by Banks Engineering, Inc. If you have any questions please feel fTee to contact me at (239) 939-5490. Sincere~ l~ Banks,JO " , In V' _d /;'~t:Y l/' ,/ . R.A. GOnZale;:{;: Project Engineer ~ ~ <=> '- = r. ..... ...., r _.." r'1 Z--, 00 =<!~~ N ,. r, - J::": r-+ '-l.,,_ ~ -1-"'- 0_ - ::JJ~ - .. :z: _. N mrT &:' .< S:\Jobs\14n\1420\Documf:Ru'''llsc\1420-BEI Sien Cert.dot' :"laplesOffice Sarasota Office Port Charlotre om<< 6640 Willow Park Dr. 1144 Tallevast Road 12653 SW CR 769 SuiteS Suite ## liS SuiteB Naples, Florida Sarasota, Florida Lake Suzy, Florida 34109 34243 34269 (239) 597.2061 (941) 360-161& (941) 625-1165 Fax (239) 597-3082 Fax (941) 360-6918 Fax (94l) 625-1149 t.,y. (t J--8 --~-----..;;. Print Map Agenda 1J;i\$Nd. 9~1 March 14, 2006 Page 10 of 16 _. INDIGO LAKES SUBDIVISION - C 2004 Collier County Property Appraiser. While the ColJier County Property Appraiser is committed to providing the most accurate and up-ta-date information, nc for the data herein. its use, or its interpretation. - f-XHI8IT \~C It http://maps.collierappraiser.com/webmap/mapprint.aspx?title=INDIGO%20LAKES%20SU... 31212006 ~_.._..- -~.._-_.- "--'~- " .'.1 C\j (D to ~ 0) . of l'~"- '. ...,o~ "... -+ ~ . co 0 _ Q,. 0 ? _ : ",: '"":"'~ _ "" " I I ii, ~;! ~ I;; d I ! ~ t i~~ i J!~ Hi:g, [;; !i! --'''''''''1''': Ii i i~; . il!: i'I!! (tl ~ "' ~ rn , i, . ! ,J ,-.'11 " 'I .::::;C'Co.. 1-::' ~ II l~; 'I' I:~I Ioig~ 1'5~. :2 " ", i' I' !'''' I'll! (ti ...J u.J' R '" t' ~~. 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U,-\C~, ::l CI.:S! ,- ! ii ; ~~m~ :;m ; ~ll ~'~----- -----------_._._---~_._'~ ..~ -,---~~~------'-'..---.-----_.. _..--.~ ,._ I. ,J~;\~,3 ,. ~._......,,'_._.-.- ._.._-,-,_._~_.- _.--- .....'._------,-~.__._._"...,-_. ~._------- Agenda Item No. 16K1 March 14,2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Offer of Judgment in the amount of $12,000.00 as to Parcels 124 and 724 in the lawsuit styled Collier County v. Richard D. Lyons as Trustee of Land Trust No. 11304, et al., Case No. 04-3779- CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,800.00) OBJECTIVE: That the Board of County Commissioners approve and authorize the making of an Offer of Judgment pursuant to 9 73.032, Fla. Stat., to Respondent, Richard D. Lyons as Trustee of Land Trust No. 11304 ("Respondent"), in the amount of $12,000.00, as full compensation, exclusive of attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel Nos. 124 and 724 in Collier County v. Richard D. Lyons as Trustee of Land Trust No. 11304, et al., Case No. 04,3779-CA (Immokalee Road Project No. 66042). CONSIDERA nONS: On December 23, 2004, Collier County deposited $10,200.00 into the Court Registry and acquired title to Parcels 124 and 724 in accordance with the Order of Taking entered on December 9, 2004. The County Attorney's Office would like to make an Offer of Judgment in the amount of$12,000.00, as full compensation for the property taken, exclusive of attorney's fees and costs. See attachment. The making of the Offer will require Respondent to carefully assess his claim within 30 days. If the offer is rejected and Respondent fails to recover more than $12,000.00 through settlement or jury verdict, the County will not be required to pay any costs, including appraisal and other expert fees, incurred by Respondent after the date of the - offer's rejection. Should the Respondent accept, the County will be required to pay as follows: . Additional Compensation for Parcel $ 1,800.00 . Attorney's Fees $ 1.000.00 TOTAL COST: $ 2,800.00 FISCAL IMPACT: Funds in the amount of $2,800.00 are available in the FY 06 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and authorize service of the Offer of Judgment; 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is accepted. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney .- ."-......-..-..-,. Agenda Item No 16Kl March 14, 2006 f'age2014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IlemNumber: 16K1 IlemSummary: RdCOnlrTlfWd!ltion fO !l"'pnwe !I)(. Oil!!: <)1 Judgmflnf in !hl! amounl ,,' $12,000,00 as to Parcel, 124 and 724 in thel~ws(Jit styled C"lIi(1r County" Rir,hard D Lions 8S TflIstal' of Lmd Trust t,jo 11:j04. el al. Ci"'" No D4.:ii7>}-CA (lfTlrn{lk<ll~e Road Prnjad No, ll1;\(42) IFiaca1Impar.lt2,B()OnG) Meeting Date: 'j!14l2f!f:6ll()O'OOAM Prepared By Ellen T. Cl1adw..U As..lstant Counly Atto,n..y ". CounlyAllQmey Co""lyAtlorneyOlfl<:e 2!2712IlG611:57:56AM Approved By NajehAhmad Dl,ector 0.. TraMp<>'....lionS"ndc.Ll. T'a"~portation Engin....tlng & 2127i2011& 3,211 PM C"Mlr.."t;DnM"M9<>,..,<,nt ApprovcdBy UR~Tayl<>r Mar"'9"m~m!8"dllnt Anl<lys' 03'" Tmn~","rtatlo"S;.,rvi""$ l'ranfipo,tall.,,,AdministraU.,n 212712011B3:31 PM Approved By NmmE,f,,,'cr.AICP lransport~t;(ln DM"i,,., Admln,sl"olor Oa;e l',,,nRP,,,;ml,mS,,rv,,,aR l'r"n~p"rtall""S"'\Ilc"$A<i"'in 2!Z~!211069,&5AM Approved By KevinH,mdr;CkS Right Of Way AcquiHilion Manage, OI<W Tranap::;rtal:lonServi"c" TEC"'H~OW 212&i2006S,2SPM Approved By ElienT,Ch1>"well Auls,,,nICoun'yAllo(nay Oala C""nlyAII",,,ey Cm",lyAlt<>mayOlli<:" 2!2P./2IJU65:32PM Approved By David C. W,,';gel CcuntyA(I",n"y D.te -- CoumyAU<>mey CO"n1Y Atlomcy Oflie<; 31212IJOG.:1:32PM Approved By OMBCoordln1>tor Adm;ni5l",\iveAHisl"nl Dall' C"""ty Manogfif'S O!fice Offi<:e "fM.nageme"t & Budget 313:211G6O,S.:1AM Approved By 5"~an Uah", S<>nicrManagenHmL'BurlgetAn.jY6\ Da'" CounlyM"""I!"(R O//ic~ Of/ice "fManagem<>rtt/;. Budgel 3151~M6 ~:2a AM Approved By Midq,tl S~;y"ow...~i M~Il;Jgenw"lJl.tl"rl\lN[)i"'ct'" Oale C<tunty M"'\"g"'r'~ Q/fjce Office. "fMann!l~,nenl & Bu,jll<'lt ~'iii2llllt 1;';20 PM Appruved By L,,,,[.OCI15,J, [)eputyC<t,ullyM>l""1'!e' Dati! 6m't<lor C""nry Commi~~I''''e's Counly M~lla\!""5 Office ~1f.:211G63,.\2 PM - ., -- --- ...--..--- .,.._-- Agenda Item No. 16K1 March 14, 2006 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUl\'TY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, v. Case No. 04,3779,CA RICHARD D. L YOKS as Trustee of Land Trust Parccl(s): 124,724 No. 11304, et aI., Respondent. / OFFER OF JUDGMENT TO: Richard D. Lyons as Trustee of Land Trust No. 11304 c/o Kcnneth A. Jones, Esq. Roctzcll and Andress 2320 First St., Suite 1000 Fort Myers, FL 3390 1,3419 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, RICHARD D. LYONS as Trustee of Land Trust No. 11304, for all compensation, including severance damages. business damages. costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, RICHARD D. LYONS as Trustee of Land Trust No. 11304, arismg out of the taking of Parcels 124 and 724, in the total amount of Twelve Thousand and No/tOO Dollars ($12,000.00), which includes the amount of $10,200.00 which was deposited pursuant to the Order of Taking dated December 9, 2004. Agenda Item No. 16K1 March 14,2006 Page 4 of 4 In addition, Petitioner will pay One Thousand and No/100 Dollars ($1,000.00) in attorney's fees. There are no non,monetary terms or other relevant conditions to this offer except that this offer does not include expert witness costs. The construction plans and specifications for the project on which thc offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of ,2006. OFFICE OF THE COUNTY A TIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225, Facsimile - BY: ELLEN T. CHADWE~ Florida Bar No. 09838 ATTORNEY FOR PETITIONER ---- ~.d"_' .'. .-..---.,-.-.-., Agenda Item No. 16K2 March 14, 2006 Page 1 of 9 EXECUTIVE SUMMARY Approve an Extension of Time to Conclude F.S. Chapter 164 Proceedings and Approve Stipulation for Extension of Time in Reference to the Inverse Condemnation Lawsuit of Bernard J. and Helen R. Nobel. and Vincent D. Doerr vs. Collier Countv. in Case No. 05- 0064-CA and for further attempts by the Staffs of the South Florida Water Management District, The State of Florida Division of Lands, and the County to reach an Agreement in the Matter. OBJECTIVE: The staffs of the South Florida Water Management District, ("SFWMD"), The State of Florida Division of Lands, ("State"), and the County have been diligently working to resolve the issues in the inverse condemnation lawsuit of Bernard J. and Helen R. Nobel. and Vincent D. Doerr vs. Collier County, in Case No. 05,0064,CA; and to attempt resolution of the issue of the conveyance of 640 acres of acceptable land to the County under an interlocal agreement between Collier County, The South Florida Water Management District, and the State ofFJorida Division of Lands. After the County vacated certain roadways in the Southern Golden Gates Estates area, two property owners filed suit against the County, claiming a loss of their acceptable access. Collier County joined the SFWMD and the State in the suit through a third-party complaint after those parties failed to resolve the matter. All parties in the litigation agreed to abate the case and ... - attempt to negotiate a resolution of the issues pertaining to the lawsuit. This process is generally required when governmental entities are involved in litigation as adverse parties. In order to begin the process, the Board of County Commissioners adopted a resolution pursuant to F S. Chapter 164. That procedure requires the parties to resolve their conflict within a specified time period. The State, the SFWMD, and the County agreed to complete a written agreement by March 15, 2006; but have thus far been unable to do so. The County Attorney's Office is requesting the Board of County Commissioners to approve an extension of thirty (30) days to complete an agreement. Additionally, the Board of County Commissioners is requested to approve an extension of time, up to an including May 10, 2006 to call a joint meeting of the Boards of the County, the SFWMD, and the State in the event no settlement is reached. Attached hereto as Exhibit "A" is the proposed stipulation; and in addition to the County, the State and the SFWMD are requested to execute this agreement for an extension of time to complete the settlement discussions. CONSIDERA TIONS: On September 23, 2003, through Agenda Items 8.1. and 10.K., the Board approved an Agreement with the SFWMD and the State whereby the Board vacated and released its interest in and to portions of certain roadways in Southern Golden Gate Estates, Jane's Scenic Drive, and Miller Boulevard Extension at the request of the SFWMD for the furtherance of the Everglades Restoration Project. In return, the District agreed to convey to the Board, no later than October I, 2005, 640, more or less, unimproved, contiguous acres acceptable to the Board - Agenda Item No. 16K2 March 14, 2006 Page 2 of 9 and suitable for various recreational purposes, including as an Off,Highway Vehicle (OHV) scramble site. The District had previously acquired 625.28 acres west of Immokalee and nOl1h of Lake Trafford and will be using approximately 384 acres of this land for disposal and treatment of dredged material for its' Lake Trafford Restoration Project. The remaining 24J .28 acres is being left in its natural state. The District proposed conveying the Property to the Board in fulfillment of its' obligation under the Agreement. On June 14,2005, Agenda Item IO.G., the Board was advised of the availability of 625.28 acres and gave direction to the County Manager to cooperate with the District towards development of a formal agreement for the possible future acquisition of the Property. Subsequent to the June ] 4, 2005 meeting, the District provided a copy of an Evaluation of Dredged Material (EDM) from the Lake. The EDM showed that arsenic and selenium concentrations in some of the samples from the Lake exceed soil cleanup target levels established by the Florida Department of Environmental Protection. In addition, the dredging project will leave most of the 384 acres treeless making it not an attractive Off,Highway Vehicle (OHV) scramble site. While we have not yet had an environmental assessment performed on the Property, Environmental Services has cautioned that the 241.28 undeveloped acres may harbor gopher tortoises and scrub jays and be located within the primary panther habitat zone for the MERIT Panther plan. As such, the property might not be permitted as an OHV site. There could be noise issues as well with residents in close proximity to the property. Staff is also attempting to resolve the issues of the participation of the State and the SFWMD in the on'going Nobe],Doerr inverse condemnation lawsuit. By entering into these negotiations, the County has not waived any rights it has lmder the September 2005 Agreement, although acceptable propel1y was to have been donated to the County by October 1, 2005. FISCAL IMPACT: The extension of time does not result in any fiscal impact to the County. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Collier County Board of County Commissioners approve the attached Stipulation. PREPARED BY: .Jacqueline Williams Hubbard, Assistant County Attorney O.l0197/l 110 2 Agenda Item NO. 15K2 March 14,2006 P8ge3019 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ltamNumbar; 1fiK2 ItamSummuy: ,/J.Wlr(w.. <m Extension ot TiJl\e 10 Co!>dudt' F S cr,apt&T Hi4 PffJGB"ding3 am: Ap[!r"v~ Shputali(\f) for E~t""9jOr. of T,m~ in Reference '0 t,h\' Invers\' Conc:lBmnation Li'lwsuil of Bernard J ami Heill!> R. Nob~t, and Vinr,enl D. Doerr va Golliar County. on CllS"" No. 0')- OO<>4-CA fo' IlJrtMr Iltt..mpt~' by (t,e Sllltfs of Ille $ol;lh Fiorida W"ter MaMtJemenl Di~~fi(;t, nl~ Sllll~ of Floridll tJiv;slon 01 L~nd>\, <lnd H'~ Count\,'o r~ac~l an Agn,,,,m,,"l in lh.. MiJ!l~1 M..tlngOata: :1114.'20()fjI'lOO'(jOAM Approved By DavlrlC.Weig<Jl CmmlyAll(l,nfly O,~t" COl>"tyAttom~y Co"'''lyAtto'''eyOffic~ 312,'2006 ~'lJB PM Approved By OMBCo"roinal<lf Admini"lrM;v..A5.;sl~nl Oate Counly'kmager'.Office Olfice of Me"ag"m..nl & Bl>dget ~!3120Ile 9;03AM App~oved By Micll"elSmykowski M.aMgem<'nt& Budget Ol,ector Date CQU"I)' Ma""ger',.Offic.. Ofllc<,,,fM"nagemenl&Slldg<>l 3<~120064:llOPM App~oved By JMl'>{J~V.Mud,1 Cf>untVl\llan">lc' D..h, S""rdorCounty 3iBI20tl62;14PM Co",m;",,;m!e'" COllnty Mu"nge'-'. Oflice - .._,. "'---. -~._.-----,..._-- Agenda Item No, 16K2 March 14, 2006 Page 4 of 9 JOINT STIPULATION FOR EXTENSION AMONG COLLIER COUNTY, THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA PURSUA.l\TT TO F.S. CHAPTER 164 THIS JOINT STIPULATION (hereinafter referred to as the "Stipulation"), is entered into and made on the date when it has been executed by the last of the parties to sign it, by and among Collier County (hereinafter referred to as "the County"), a political subdivision of the State of Florida, the South Florida Water Management District, (hereinafter referred to as "SFWMD"), and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, (hereinafter referred to as "State") . WIT N E SSE T H: WHEREAS, Bernard 1. and Hellen R, Nobel and Vincent D, Doerr, represented by counsel, filed an inverse condemnation lawsuit against Collier County in the Circuit Court for the Twentieth Judicial Circuit on or about January 13, 2005 in Case No, 05-64-CA; and WHEREAS, Collier County filed a third,party complaint adding the SFWMD and the State on or about June 20, 2005 and served both parties; and WHEREAS, the SFWMD and the State requested the invocation of Florida Statutes, Chapter 164 Proceedings and the above, referenced litigation was abated; and WHEREAS, under F.S. S 164.1052, the County adopted a resolution, Resolution No, 05,343, stating its intention to initiate the conflict resolution procedures provided by this act on a previously filed court proceeding to resolve the conflict and specified the issues of conflict and the governmental entity or entities with which the County has a conflict; and Agenda Item No. 16K2 March 14, 2006 Page 5 of 9 WHEREAS, within 5 days after the passage of the resolution, a letter and a certified copy of the resolution was provided to the chief administrator of the governmental entities with which the County has a conflict by certified mail, return receipt requested; and WHEREAS, the letter stated the nature of the conflict, the other governmental entities in conflict with the County, which was the initiating governmental entity; the justification for initiating the conflict resolution process, the proposed date and location for the conflict assessment meeting that was held pursuant to F.S. Section 164. I 053, and suggestions regarding the officials who should be present at the conflict assessment meeting; and WHEREAS, Counsels for the other governmental entities involved in the litigation indicated an election to participate in the conflict resolution process; and WHEREAS, a conflict assessment meeting occurred on December 15,2006 and Public ... notice was given for this meeting in accordance with s. 164.1 031 (7) and the conflict assessment meeting was attended by the appropriate personnel from each primary conflicting governmental entity; and WHEREAS, during the conflict assessment meeting, the governmental entities discussed the issues pertaining to the conflict and an assessment of the conflict was made from the perspective of each governmental entity involved; and WHEREAS, a tentative resolution to the conflict was agreed upon by the representatives of the primary conflicting governmental entities at the conflict assessment meeting and the primary conflicting governmental entities have proceeded to try to reduce the tentative agreement to writing with whatever steps they deem appropriate to fully resolve the conflict; and WHEREAS, in the event that no tentative resolution can be agreed upon, the .- 2 -"...,-' -.,....- ..---.-,..---.. Agenda Item No. 16K2 March 14, 2006 Page 6 of 9 governmental entities are to schedule a joint public meeting as described in s. 164.1055, which should have occurred within 50 days of the receipt of the first letter initiating the conflict resolution process from the County. WHEREAS, if there is failure to resolve this conflict after following authorized procedures as specified in s. 164.1053, then said statute requires the scheduling of a joint public meeting and the County has the responsibility to schedule the joint public meeting and arrange a location; and WHEREAS, the County, the State and the South Florida Water Management District desire to resolve and clarity their respective positions in the above-referenced lawsuit through the execution of a settlement agreement and have been studiously working to do so; and WHEREAS, the parties' negotiations were interrupted by, inter alia, Hurricane Wilma and the year-end holiday season; and WHEREAS, the parties need additional time to reach said resolution; and NOW THEREFORE, the parties, in consideration of the mutual covenants, promises and consideration set forth in the above "Wherefore" clauses and with the intent to be legally bound, the County, the State, and the SFWMD stipulate as follows: 1. The time permitted for the State to aggressively try to acquire the Doerr and Nobel properties through purchases while the lawsuit and the Florida Statutes, Chapter 164 Proceedings are abated shall be extended for an additional forty (40) days up to and including April 25, 2006. 2. If no agreement has been reached among the parties by April 25, 2006 or if either or both of the above, referenced purchases are deemed unattainable by the State and the SFWMD 3 Agenda Item No. 16K2 March 14, 2006 Page 7 of 9 by that date, the respective Boards of the County, the State and the SFWMD will meet in joint session in Naples, Florida to resolve the matter on a date to be set no later than May 10, 2006. 3. The County, the State, and the SFWMD acknowledge and agree that this stipulation is intended to and shall be binding upon their respective boards. 4. The parties further agree that time is of the essence in all respects regarding this Stipulation. SO STIPULATED: SOUTH FLORIDA WATER MANAGEMENT DISTRICT: Witnesses: By: (Signature) - (Print) (Signature) (Print) Date: Approved as to form and legal sufficiency: , Esquire - 4 ~---'---_...' -,_...,.~-- - -~._-_.- Agenda Item No. 16K2 March 14, 2006 Page 8 of 9 - THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA: Witnesses: By: (Signature) (Print) (Signature) -- (Print) Date: Approved as to fonn and legal sufficiency: , Esquire .- S " . ._<.._-.-...._,~ -,._-_.._~-_. -.. -'_..._----~- ._- Agenda Item No. 16K2 March 14, 2006 Page g of 9 COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk of BOARD OF COUNTY COMMISSIONERS Courts of Collier County, Florida OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRANK HALAS, Chairman Date: Date: - Approved as to form and legal sufficiency: Jacqueline Williams Hubbard Assistant County Attorney 05-0064,CA/264 - 6 ,- ~",_-",_,.",._"_,,,_,~'-'.- -.----^'. Agenda Item No. 17 A March 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve Petition SNR- 2005-AR-8899, by Beazer Homes, represented by Scott Osmond, requesting a street name change from Inlet Cove Court to Blossom Court for property in Valencia Lakes Phase 7-A, located within Sections 22 and 23, Township 48 South, Range 27 East. OBJECTIVE: That the Collier County Board of County Commissioners approve a Resolution renaming Inlet Cove Court, as depicted in the plat of Valencia Lakes Phase 7, A, recorded in Plat Book 44, Pages 82 through 86 to Blossom Court. CONSIDERATIONS: The Petitioner has met the requirements for requesting a street name change and the proposed name does not duplicate an existing street name in Co llier County. There are 21 lots abutting the street, all of which are owned by the Petitioner. FISCAL IMPACT: Fiscal impact to the County Manager's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriffs Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. r. The Petitioner has agreed to bear the cost of replacing the street sign. GROWTH MANAGEMENT IMPACT: None. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review street name change petitions. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this petition and its compliance with criteria set forth in Chapter 22, Article X, of the Collier County Code of Laws and Ordinances. The proposed Resolution is authorized by Section 336.05, Florida Statutes, and has been reviewed and approved by the County Attorney's Office. STAFF RECOMMENDATION: That the Board of County Commissioners approve the proposed Resolution renaming Inlet Cove Court, as depicted in the plat of Valencia Lakes Phase 7,A, recorded in Plat Book 44, Pages 82 through 86, to Blossom Court. Prepared by: Ashley Blair, Planner Zoning & Land Development Review -- SNR,2004,AR-6788 1 ,,-."'"."-,,......," "-,,., Agenda Item No. 17A MarCh 14,2006 Fage20fS COLLIER COUNTY BOARD OF COUNT'( COMMISSIONEr-I; _. Item Number: 17A Item Summary: nllS itfln\ 1&(jUFfeS Ih~' al! parti,;ipilFlL~ be lOW"'" in and ex piEla dis~lnsur", tie provi(!llo by Commis\l;rl!1 m..mbl;l~. Rp.comm"ndatiQn HI!.!t l~" Board 01 County CommifisiMers ap[lfOVe Petition ::;NR_2tl05_AR.f;\f,9a. t)1' Seaz!!r Homes, represented by S~".)l! Osmond, r'!\llJest;ng il st,e"t nlime '.'n""ge lmm !nie: G('V" Court Ir, BI(ls~t\1T' C(lurt fur pmperty in Valencia l.""e~ Phase 7-A, located wilhi" Se(~l,on~ 2.2 and 2J. T"wl1sI1Ii' 4!l South. Range 21 East M8tlUng Date: 3i14':ZOOb\lOOJjOAM PrcparcdBy A~nl"y I:Hair Plan..."1 0~lP. Comm\",lty Dnv"l<>pm~!11. &. Z,,,,ing & Lan" OEvfll"pm"nl Review 2i2Ji2GGtl3;SS:41PNI Envi'o...m"nt~1 S,.,.vic..~ Approyed By S~nd'a LI>" b"'euUveS~Gf('u,y 0"11> Co"".,,,,,ityD,,vulllp,,,,,nl& C<Fmmunlty D,wel"p",,,nt Ii. 2i23i2DD64,2BPM Erwi,omll<'nI3ISCt'vieoe E"vi,,,,,,nent~ISe'vieMAdmln ApprovcdBy Consu",e.. A.. John~en Op"'ati"n~A!1"lyel Dille Comm"nllyOevelopment& Ccmmu...ityDevel<>pment&. 2!27i200t10:20AM EnviromnenlalSe,vi<.e8 envlrunm"!1laISe",I<;"8Admin, ApproycdBy NormE.F<ldm.I\ICP Trllnfil',,,!.<lUonOivl.~I(,nAdmlnistmlor Daln T'''n~port"lion Service" Trnnllport"tjen S<>rvicee Admin 2'28i2!106 11:43 AM Approved By R,<lyBellows ChiefPllln..."r Oate C""''''''''ilyD",,ek,,'ment& E,wiron,no...t"IServict18 Z.,nj"y& l",,<lO"v"lOpnWf\tRe..i".... 2/23f200fj 1:5BPM ApprllV~d By SIJI;"" M"eray, AICP Z,,,,iny &l.a"'ID"v,,\,,pn"'''I.Olr..~lo' Pal~ C<lmrnl1"HyD""4)lop"",nt& 3!H200G8:5S"M En"lronmllntoi5"rvlcs'S Zonin9 & l~nd D.'..elopmun! Rev,ew .~ Approved By Jef!KI"UK".... AAnl5lan\ County AILu",ey Qal., Cc>untyAltom"y C"u"lyAllom~yOffl<." 3'1i20065,35PM Approvcd By Corn",unilyOev"loprnMI& J"~~f;lh K. Schmlll i'...y'r<>nn'...I'U>IS"ryic"~Atll"iMlml.,' D"t~ C",nlll",,1ity 0""1l1<>1l",~!11'& C<FmmunltYPfrv"IN101"nt& E..."i""""..nUI"M"ic<u; E':,wi,{"""e"\aISM",,,,.~Ad"'i" 3i2J20059:!\4AM ApprovudBy OMSC.,,,,.,iin"\o, Adminl$ltM;v" A$~i~I""'1 O"t€ Courtiy M"...~ge",.OHjoc omc.. (:If Ma""!lc'm"...1 & Elu(!g"l 3i2i2QtlC10:12AM Approved By M"r~ i..acilSon Bud;),,! A"tlly~l Oa\" Cr,,,nt,.Man.g"(~OWC" Olf,c~ of M3n~g"m""1 & SlId".,t 3i2i200G4;38 PM Appro,'ed By l,," E. O~h~, J, Dtrputy County Man~ge' tlp.te BMrricrfCm",ly C"mFnj~~i"n"'5 C.,,,nly ManagN'501Iic<! 3'2120(JG5:Q7PM - ----- ~-". I Agenda Item No. 17 A March 14, 2006 ! Page 3 of 5 .. . I I 117 @ 118 19 I r . 102 I r I , 19 I I r I r I . i f)// I , ! I f I , I I I I I 'J\iJ I I I I I I I I I 100 e r i N , I I , I I r I I I I r I r I e I I TRACT A I I I , 99 I r I r , I r 8 I r oll r I I I I I I e I I , I I I I I 98 I I I I , 8 r I I I I r , r I r I I I I I , I r I I 97 ll> r I I I , I I r I I I I I I I I I I e I I , r I 98 I , I I I II I -' l..____________J '" - . r----- ------. I I I 94 I I 9S r I , I r I I ~ , I ...... -------------- I I " I .. ! iNLET COVE ~ -.-.-----..--.. I ,', I , I - - I (i) , - I " " - -- ---------- -------------, - - - -- - -- - -- ------ I LL BLVD , llS 1 125 128 @I I , t~"""''' - - ..l~ ~ "~it- . (/0 ~- !. ~ CD (!> '~)'" '" 'J) e 'I .- r~"l__IJ ~,': GATE 1--1' !_; ..J 1--.__' ; .: 23 71 127 It> (9 I I r I , r I @I r , I r 91 I 1 1 , 56 70 73 88 ~ , -- --- -'.- -.. .--- -- -~~ Agenda Item No. 17 A !\..1:::trrh 1..1 "()n~ Page 4 of 5 - , PETITION / TO: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLWWING STREET NAME FROM S-nJ..,.,).. t1v..._ (1./l0r-!- TO 81a~:"0.fY1 {1/\, 1,.1- . #Ip ADDRESS LEGAL DESC. DATE d1A /:.3/CO W~illk'~ - ILck.o/J-5"O(I~c1iJS'.V~ Jf}./~/......~ -I"~ V R-mUp.r~ .f2...3~9/~ r\t.I.h~ ' I,,"v~ , j; :I "'e,. 'f'f /\0 1.."" ~ v ".- : ~ ApplklldoD fur S...... N.... Cba. - _ April U. 2003 P..d or 6 ~--....- - --.-'---- Agenda Item No, 17A March 14,2006 RESOLUTION 2006 -_ Page 5 of 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING INLET COVE COURT TO BLOSSOM COURT FOR VALENCIA LAKES PHASE 7.A, WITHIN SECTIONS 22 AND 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING AN EFFECTIVE DATE, WHF.REAS. Section 336.05, Rorida Statutes, has conferred on all counties in Florida the power to name or rename SLreets and roads. except for certain state roads; and WHEREAS. Ordinance 2003~ 14. codified as Claptcr 22. Article X, of the Code of Laws and Ordinances of Collier County, Florida, established criteria and procedures to ccname streets or roads; and WHEREAS, Scott Osmond, agent for petitioner Beazcr Homes and a director of Valencia Lakes at Orange tree Homeowners' Association, Inc., bas applied to rename Inlet Cove Court lo I Blossom Court pursuant to the procedures set forth in Section 22~360 of the Code of Laws and I Ordinances. This street is depicted in the plat of Valencia Lakes Phase 7.A. recorded in Plat Book 44, Pages 82 through 86, and is surrounded by Lots 30 through 50 (inclusive) of said subdivision; and WHEREAS, after notice pursuant to said procedures being made and provided. the Board of County Commissioners held a public hearing to consider the application and detennined tbat all criteria set forth in Chapter 22, Article X. of Code of Laws and Ordinances had been met. , specifically finding that there is no other street in Collier County with tbe same name or any , similar sounding name. , NOW. THEREFORE, BE IT RESOLVED BY The Board of County Commissioners of Collier County, Florida. that: l. Effective this date of bearing, Inlet Cove Court, as depicred in the plat of Valencia Lakes Phase 7.A. recorded in Plat Book 44. Pages 82 through 86, and surrounded by Lots 30 through 50 (inclusive) of said subdivision. is hereby changed to BlOssom Court and is confioned as such. 2. This Resolution shall be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County. and notations made on the referenced pial. This Resolution adopted after motion. second and super.majority vote favoring same, this _ day of ,2006. DATE: ATTEST, BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK COllIER COUNTY, FLORIDA By, By, . Deputy Clerk Frank Halas, Chainnan Ap " Jeff A, 1I1zkow Assis nl n1yAllorney