Agenda 04/11/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
April 11 , 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.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure
provided by Commission members for summary agenda.)
B. November 1, 2005 - Closed Session County Attorney Item 12A
C. March 7,2006 - BCC/City of Naples Workshop
D. March 8, 2006 - BCClDistrict 1 Town Hall Meeting
E. March 14, 2006 - BCC/Regular Meeting
F. March 20, 2006 - BCCIFlood Plain Management Workshop
G. March 29, 2006 - BCC/EDC and Airport Authority Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5-vear Award
1. Chuck Mohlke for services on the Health Facilities Authority.
4. PROCLAMATIONS
A. Proclamation designating April as Child Abuse Prevention Month. To be accepted by Patrick
Neale, President, Youth Haven Board of Trustees.
B. Proclamation designating May 6th as Day of Grace. To be accepted by Matt Raulerson.
C. Proclamation designating May 13 - 21,2006 as Tourism Week in Collier County. To be
accepted by Jack Wert.
5. PRESENTATIONS
A. Presentation to the Board of County Commissioners Mr. Grover Whidden, Florida Power and
Light Company, concerning its system hardening program.
6. PUBLIC PETITIONS
A. Public Petition request by Robert Felt to discuss replanting the Wilderness entrance to repair
Hurricane Wilma damage.
B. Public Petition request by Connie Fullmer to discuss golf cart use on public roads in the
Community of Goodland, FL.
Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation to consider Adoption of an Ordinance Establishing the Copper Cove
Community Development District (CDD) pursuant to Section 190.005, Florida Statutes.
Page 2 of 7
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9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Forest Lakes Roadway and Drainage Advisory
Committee.
B. Appointment of member to the Collier County Coastal Advisory Committee.
C. Appointment of member to the Radio Road Beautification Advisory Committee.
D. Appointment of member to the Animal Services Advisory Board.
E. Appointment of members to the Tourist Development Council.
F. Recommendation that the Board of County Commissioners consider and provide any
necessary direction regarding the method of Organization of Board Office Staff.
(Commissioner Coletta)
10. COUNTY MANAGER'S REPORT
A. Recommendation to seek Board approval of an Amended and Restated Developer
Contribution Agreement with G.L. Homes of Naples for the design and construction of
Logan Boulevard between Vanderbilt Beach Road and Immokalee Road in exchange for
vesting and impact fee credits. (Norman Feder, Administrator, Transportation Services)
B. Recommendation to approve Professional Service Agreement No. 06-3931 for
engineering and permitting services to be provided by Stanley Consultants, Inc., for the
four-Ianing of Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard,
Project No. 60040, in the amount of $3,300,000.00. (Norman Feder, Administrator,
Transportation Services)
C. Recommendation to award Contract 06-3908 to Bradanna, Inc. in the amount of
$2,091,222.00 for construction of the upgrade of the scalehouse facility and scales at
the Naples Landfill and to approve the necessary budget amendment, Project 59005.
(Jim DeLony, Administrator, Public Utilities)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 10:30 a.m. Status Report on F.S. Chapter 164 Proceedings 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 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.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will
be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation that the Collier County Board of County Commissioners approve a
resolution delegating authority to the County Manager or his designee for the purpose of
signing, for Collier County as grantee, Transfer of Development Rights (TDR) Conservation
Easements.
2. Recommendation to approve an Interim Management Plan for the School Board-Section 24
property under the Conservation Collier Land Acquisition Program.
3. Recommendation to approve for recording the final plat of Sabal Bay Commercial Plat Phase
Three, 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 Heritage Bay Phase Two-A,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
5. Recommendation to approve for recording the final plat of Golden Gate Estates Unit 48 Tract
77 Replat.
6. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase
2C, approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
7. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase
2D, approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
8. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase
3E, approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
9. Recommendation to award RFP #06-3906, Records Management Services to Vital Records
Control, LLC for an estimated annual budget of $50,000.
B. TRANSPORTATION SERVICES
1. Recommendation that the Board of County Commissioners approve the Landscape,
Sidewalk, and Swale Maintenance Agreement between II Regalo Development and Collier
County for the improvements on Orange Blossom and Yarberry Lane.
2. Recommendation for the final maintenance acceptance of plats generally within Riviera Golf
Estates that have received previous preliminary acceptance from the Board of County
Commissioners.
3. Recommendation to approve the purchase of one (1) seventy-one (71) passenger bus from
Rivers Bus Sales, Inc. in the amount of $63,793 in accordance with the Florida Department of
Education Contract #2002-15.
4. Recommendation to approve the piggybacking of the City of West Palm Bid #05/06-13 for the
purchase of a Truck Mounted Storm/Sewer Cleaning Machine from Environmental Products
of Florida in the Amount of $249,726.
Page 4 of 7
5. Recommendation to approve a Declaration setting aside county-owned lands for road right-
of-way, drainage and utility facilities. (Fiscal impact: $18.50)
C. PUBLIC UTILITIES
1. Recommendation to Approve Removing Certain Accounts Receivable in the Amount of
$259,623.01 from the Public Utilities Division, Utility Billing Sub-Ledger and to Write Off
$137,762.05 of Public Utilities Division Miscellaneous Accounts Receivable.
2. Recommendation to award Annual Contract for Well Drilling, Testing, and Maintenance
Contracting Services, pursuant to RFP 06-3887, for (10) firms. (Estimated annual amount
$6,000,000)
3. Approve a Resolution authorizing the submission of a State Revolving Fund lowinterest
Construction Loan Application and authorizing the Loan Agreement to the Florida
Department of Environmental Protection, and approve a change order to Purchase Order
4500045416 in the amount of $86,240.00 to Angie Brewer & Associates, L.C. for the
Reclaimed Water Aquifer Storage and Recovery System Project, 74030.
4. Recommendation to approve a budget amendment to transfer funds in the amount of
$275,000 from the Collier County Water-Sewer District Operating Fund (408) Reserve for
Contingencies to cover unanticipated operating expenses in the Irrigation Quality (Reuse)
Cost Center.
D. PUBLIC SERVICES
1. Recommendation to approve a Tourist Development Council Category A Grant Application in
the amount of $79,848 and a Work Order to The Chris-Tel Company for $57,848 for boardwalk
repairs at Tigertail Beach.
2. Recommendation to approve an extension to the grace period for the residency requirement
for the Community Center Supervisor at Golden Gate Community Center.
3. Recommendation to recognize additional revenue in the amount of $1,500 and approve a
budget amendment to increase the Client Assistance budget.
4. Recommendation to accept donated funds in the amount of $2,000.00 and approve a budget
amendment recognizing revenue and appropriating funds for Golden Gate Community
Center.
E. ADMINISTRATIVE SERVICES
1. Report to the Board of County Commissioners concerning the sale and transfer of items
associated with the County surplus auction of March 11, 2006, resulting in $561,757.90 in
gross revenues.
2. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
3. Recommendation to confirm and consent to the re-assignment of Contract No. 01-3276,
Records Management Services from Document Management Services, d/b/a Filestor, Inc. to
Vital Records Control of Florida, Inc.
4. Award Contract(s) #06-3929 Annual Contract for Architectural Services to the following firms:
Schenkel & Shultz, Inc., Victor J. Latavish Architect, PA, BSSW Architects, Inc., CH2M Hill,
Inc., Disney & Associates, PA and Harper Aiken Partners, Inc. Estimated annual amount
$1,000,000.
5. Recommendation to approve expenditures relating to travel associated with educational
advisory boards.
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F. COUNTY MANAGER
1. Recommendation to approve a Budget Amendment to replace a damaged ambulance for the
Emergency Medical Services Department in the amount of $177,000, recognize and
appropriate insurance proceeds of $77,500, and appropriate $99,500 of Fund 490 reserves.
G. AIRPORT AUTHORITY AND/OR 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 payment to attend function serving a valid
public purpose to attend the Economic Development Council of Collier County Exclusive
Member Breakfast on Wednesday, April 12, 2006; $21.52 to be paid from Commissioner
Halas' travel budget
2. Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Attended the 3rd Annual Florida Tradeport Briefing and
Barbecue on March 31, 2006 at the Immokalee Regional Airport; $40.00 to be paid from
Commissioner Halas' travel budget
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 an Agreement
Authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private
Roads within the Saturnia Lakes Subdivision.
2. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit
of Government in the Florida Department of Law Enforcement's Fiscal Year 2007 Edward
Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the
Official Applicant, Sheriff's office staff as Grant Financial and Program Managers, approve
the Grant Application when completed, and authorize acceptance of awards and associated
budget amendments.
3. Recommend that the Board of County Commissioners designate the Sheriff as the Official
Applicant and Program Point-of-Contact for the United States Department of Justice, Office
of Justice Programs, Office of Juvenile Justice and Delinquency Prevention (OJJDP), Field-
Initiated Demonstration Program Grant, for the Sheriff to electronically submit the application
through the Federal Grants.Gov website, and for the Board to accept the Grant when
awarded and approve budget amendments.
K. COUNTY ATTORNEY
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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. Recommendation that the Board of County Commissioners of Collier County, Florida, adopt
an Ordinance amending Section 74-308 (g) of Chapter 74 of the Collier County Code of Laws
and Ordinances, as amended, which is the Collier County Consolidated Impact Fee
Ordinance, No. 2001-13, providing for a change in the implementation date for the annual
indexing adjustments to the Correctional Impact Fee rates in order to meet the
implementation deadline of July 1,2006 set forth by proposed legislation.
B. This item requires that all participants are sworn in and ex-parte disclosure be provided by
Commission members. Petition AVPLAT2005-AR8683 to disclaim, renounce and vacate the
County's and the Public's interest in the 7.5 foot wide utility easement located along the east
line of Lot 50 and the east line of the north 55 feet of Lot 11 and in the 5 foot wide utility
easement located along the north 5 feet of Lots 11 and 12 and along the south 5 feet of Lots
49 and 50, all in Block 61, according to the plat of "Naples Park Unit No.5" as recorded in
Plat Book 3, Page 14, Public Records of Collier County, Florida, located in Section 28,
Township 48 South, Range 25 East.
C. Request that the Board of County Commissioners adopt an ordinance to amend Ordinance
No. 75-11 regulating commercial carnivals and exhibitions.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 11. 2006
Add Item 9G: Request that the Board consider proclaiming April 25 and 26, 2006 as Payment in
Lieu of Taxes 30th Anniversary Recognition Days and authorize the Chairman to sign the
proclamation. (Commissioner Coletta's request.)
Item 10A: Towards the bottom of paragraph 21 H, delete the words "mandated by this Agreement
and" and add the word "directly". It should read: .,. and the County shall reimburse Developer
for all fees, costs, expenses and other charges maRdated by this Agreement and actually paid by
Developer directlv in connection with the project within 6 months after the date of such
termination. (Staff's request.)
Item 16A1: Delete paragraph 3 under "Considerations" of the executive summary. The
paragraph reads, "Signature by the Chairman of the Board of County Commissioners has raised
questions concerning the attestation of the signature by the Clerk of Courts simply because the
authority to do so arises implicitly from Ordinances approved months or years prior to the
signature." (Staff's request.)
Item 16B3: The agenda index refers to the Florida Department of Education Contract #2002-15.
Should be "Contract #2005-15". (Staff's request.)
Item 16E1: The dollar amount in the Executive Summary title should be: $561,707.50 rather than
$561,757.90. (Commissioner Coyle's request.)
Move Item 17C to 8B: Request that the Board of County Commissioners adopt an ordinance to
amend Ordinance No. 75-11 regulating commercial carnivals and exhibitions. (Commissioner
Henning's request.)
Time Certain Items:
Item 12A to be heard at 10:30 a.m. Status report on F.S. Chapter 164 proceedings 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 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.
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Board of County Commissioners
Advisory Committee Service Awards Recipients
Tuesday, April 11,2006
Name
Chuck Mohlke
# of Years Adviso Board
5 Health Facilities Authorit
Agenda Item No. 3A
April 11.2006
Page 1 of 2
Agenda Item No. 3A
April 11, 2006
Page 2 of2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
3A
5-year Advisory Committee Service Award for Chuck Mohlke for services on the Health
Facilities Authority.
4/11/2006900:00 AM
Meeting Date:
Prepared By
Paula Springs Executive Aide to the BCC Date
Board of County
Commissioners BCe Office 4/4/2006 11 :23:47 AM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
Commissioners BCC Office 4/4/2006 11 :42 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 4/4/20061 :14 PM
PROCLAMATION
Agenda Item No. 4A
April 11, 2006
Page 1 of 2
WHEREAS, every child in Collier County is a precious gift, full of promise and
potential; and,
WHEREAS, child abuse and neglect is a serious problem in Collier, and across our
nations; and,
WHEREAS, child maltreatment occurs when people find themselves in stressful
situations, without community resources, and don't know how to cope; and,
WHEREAS, preventing child abuse and neglect is a community problem that depends on
shared involvement among people throughout the community and organizations
such as Youth Haven, whose programs provide immediate protection of
suffering children, support and information to families as well as community
awareness; and,
WHEREAS, child abuse and neglect not only directly harm children, but also increase
the likelihood of criminal behavior, substance abuse, health problems, and
risky behavior; and,
WHEREAS, all citizens of Collier should become involved in supporting families in raising
their children in a safe, stable, nurturing environment; and,
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WHEREAS, children are our most precious resource with bright and hopeful futures and
Youth Haven is committed to keeping the children who live in our community
safe and happy.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that April be designated as
Child Abuse Prevention Month
and calls this observance to the attention of all in our community
to increase their participation in our efforts to support families,
thereby preventing child abuse and strengthening the communities
in which we live.
I:>ONE ANI:> ORI:>EREI:> THIS 11th I:>ay of April, 2006.
BOARI:> OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORII:>A
FRANK HALAS, CHAIRMAN
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ATTEST:
I:>WIGHT E. BROCK, CLERK
Agenda Itern No. 4A
April 11, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4A
Proclamation designating April as Child Abuse Prevention Month. To be accepted by Patrick
Neale, President, Youth Haven Board of Trustees.
4/11/2006 900:00 AM
Meeting Date:
Prepared By
Paula Springs Executive Aide to the BCC Date
Board of County
Commissioners BCC Office 3/31/20064:39:37 PM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
Com missioners BCC Office 4/3/2006 8:41 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 4/3/2006 9:49 AM
Agenda Item No. 48
April 11, 2006
Page 1 of 2
PROCLAMATION
",-.
WHEREAS, Matt and Bess Raulerson have established an annual Day of
Grace Golf Classic and Charity Auction to be held this year on
May 6, in honor of their daughter, Emma Grace, who was born
with a rare chromosomal disorder called Trisomy 18 and lived
only thirteen days; and,
WHEREAS, Trisomy 18 is so rare that there is very little research about it;
and,
WHEREAS, Matt and Bess Raulerson founded the event in order that the
proceeds could be used to change the future of other families by
funding research; and,
WHEREAS, Matt and Bess will donate this year's proceeds to organizations
and programs which provide research into the cause and
treatment of Trisomy 18 and other genetic disorders, as they
did the over $ 33,000.00 from the previous two years events;
and,
WHEREAS, in recognition of those in our community who support this bold
effort and have done so in the past.
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NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida that May 6th, 2006 be proclaimed the
Day of Grace
in hopes of bringing more attention to this heartbreaking disease and in
recognition of the Raulerson family's effort to make a positive contribution to
their community by aiding others.
DONE AND ORDERED THIS 11th Day of April, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
A TrEST:
DWIGHT E BROCK, CLERK
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Agenda Item No. 48
April 11, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
4B
Proclamation designating May 6th as Day of Grace. To be accepted by Matt Raulerson.
4/11/20069:00:00 AM
Prepared By
Paula Springs Executive Aide to the BCC Date
Board of County
Commissioners BCC Office 3/31/20064:43:52 PM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
Commissioners BCC Office 4/3/2006 8:38 AM
Approved By
Leo E. Ochs. Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 4/3/20069:48 AM
PROCLAMATION
Agenda Item No. 4C
April 11, 2006
Page 1 of 2
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WHEREAS, the travel and tourism is the largest industry throughout Florida, employs
more than 900,000 people and produces more than $58 billion in revenue
from taxable sales: and,
WHEREAS, the travel and tourism industry supports the vital interests of Collier
County, Florida and the United States, contributing over 28,000 jobs to
our community, economic prosperity, peace, understanding and goodwill:
and,
WHEREAS, 1.6 Million visitors contributed nearly $1.1 billion dollars to the economy
of Collier County in 2005: and,
WHEREAS, it is in the best interest of the citizens in Collier County to inform them
of the direct and indirect benefits of tourism: and,
WHEREAS, as travelers become more aware of Collier County's outstanding beaches,
golf, shopping, restaurants and natural, historic and cultural activities,
travel and tourism will become an increasingly important aspect in the lives
of our citizens: and,
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WHEREAS, May 13 - 21, 2006 is being observed throughout the state of Florida as
National Tourism Week: and,
WHEREAS, given the contributions of travel and tourism to the economic, social and
cultural well being of the citizens of Collier County, it is fitting that we
recognize the importance of travel and tourism to our community.
NOW THEREFORE, be it proclaimed that the Board of County Commissioners wishes to
acknowledge the contributions to the economy of Collier County, Florida by
the travel and tourism industry by designating May 13 - 21, 2006 as
TOURISM WEEK IN COLLIER COUNTY
and that this proclamation be acknowledged by the Greater Naples, Marco
Island, Everglades Convention & Visitors Bureau at their Fourth Annual
Tourism Awards Luncheon on May 19, 2006.
DONE AND ORDERED THIS 11 th Day of April, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
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A TrEST:
DWIGHT E. BROCK, CLERK.
Agenda Item No. 4C
April 11, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4C
Meeting Date:
Proclamation designating May 13 - 21,2006 as Tourism Week in Collier County. To be
accepted by Jack Wert.
4/11/2006900:00 AM
Prepared By
Paula Springs Executive Aide to the BCC Date
Board of County
Commissioners BCC Office 4/4/200610:06:43 AM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
Com missioners BCC Office 4/4/200610:09 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 4/4/2006 11 :38 AM
Agenda Item No. 5A
April 11, 2006
Page 1 of 2
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EXECUTIVE SUMMARY
Presentation to the Board of County Commissioners by Mr. Grover
Whidden, Florida Power and Light Company, concerning its system
hardening program
OBJECTIVE: To update the Board of County Commissioners on Florida Power &
Light Company's efforts to make its infrastructure more resistant to wind and storm
events.
CONSIDERA TIONS: Mr. Grover Whidden, Area Business Manager, will report on
and answer questions about the new disaster resistant engineering initiatives of Florida
Power and Light Company.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
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GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: No action by the Board of County Commissioners IS
requested.
PREPARED BY: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
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Agenda Item No. 5A
April 11, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
5A
Meeting Date:
Presentation to the Board of County Commissioners Mr. Grover Whidden, Florida Power and
Light Company, concerning its system hardening program.
4/11/2006900:00 AM
Prepared By
Darcy Waldron
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
3/28/2006 5:24:04 PM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
3/29/20063:17 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30/2006 11: 17 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/30/20063:38 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/30/20067:00 PM
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Agenda Item No. 6A
April 11, 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
March 31 , 2006
Mr. Robert C. Felt
101 Clubhouse Drive
Naples. FL 34105
Re: Public Petition Request to Discuss Replanting The Wilderness Entrance to Repair
Hurricane Wilma Damage
Dear Mr. Felt:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of April 11. 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.
/4ereIY,
~~---4/'
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joseph Schmitt, C.D.&E.S. Administrator
,~
03/31/2006 14:33
2392618771
WILDERNESS CC
Agendf~fu ~/~
April 11, 2006
Page 2 of 2
ReaDst to Sneak ..der PabUc Petition
Pl<<ue prill'
Name:
Robert C. F~t
Addreu:
10) Clubhouse Drive
Naolcs. FL 34105
Phone: (2~9) 261-60@
Date olthe Board Meetial! YO. wIIb to BONk: April 11. 2006
Please emlaiD ill tlstllil the reason vo... are reaoestlnl!! tc! sPeak (attach addltion-.!
0He if necessary}:
On March 3. 2006. in a hearin2 before Soccial Master Garretson. it was ~ that
Wilderness was Not Guilty of "V emation Removal with lrreDarahle Harm" lOrd. 04-41
as amended Sec. 3.05.01). After the hearing: we agreyd to meet with Code Corrmliance to
~ their iqput on reolantin2 our entrance to rcom Hunicane WlIma dmnag:e. At that
meetin.2 the $pCCjficatiODS tb.lt wen:: lPven to us bv Code Bnfo:rcmnent included 122
southern slash pine trees. 1560 sa. ft. of palmetto plantA and native JijlSSes. When it was
oointed out that this wouldn"t Dh~callv fit at our entrance. we were told to find
miti,28tion 8l'Cas within Wilderness to create native urese1'Ve areas subject to conservatioIt
easements where none...now exist. NotwitbstandinlJ the fact that the ~oritv of our
WOpertv is leasehold. the CQS1. in olant material, alane. could run 550.000"$75.000.
We were then thrcatcned that ifwe didn't vohmtarilv com:plv that we ~u1d be broueht
before a Code COrQplian.ce Hearin2 and be asked to reopen our ori~nlll P.U.D. and
submit a completelY new Site De"el~ent Plao..
l.lease exDlain in dtlttlil the action you are ..kiuR the ~ommissioD ~ take (attadl
additfonaJ Due if necessarY):
We would like to reolant our entrance. in reasonaqle coooeration with tb.e County. to
return it to the bea.,tiful. natural ~e it was before the hurricanes of2Q94 anil200S. This
would benefit not only our Members. but ev~e that travell; on the soon to be new
Ooodlette-Fmnk Road.
",,-
Agenda Item No. 68
April 11, 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
March 28,2006
Connie D. Stegall-Fullmer, President
Goodland Preservation Coalition, Inc.
P.O. Box 691
Goodland, FL 34140
Re: Public Petition Request to Discuss Golf Cart Use on Public Roads in the Community
of Goodland, FL
Dear Ms. Fullmer:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of April 11, 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 ofthe 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.
JVM/jb
cc: David Weigel, County Attorney
"-
Agenda Item No. 68
April 11 , 2006
Page 2 of 2
PO Box 691
Goodland, FI. 34140
239 642-4932 Fax 239 389-9173
March 28, 2006
Mr. James Mudd
County Manager
Bldg. F, 2nd Floor
3301 East Tamiami Trail
Naples, Fl. 34112
Dear Mr. Mudd:
Please consider this correspondence a request to be placed on the agenda for the Board of County
Commissioners meeting of April 11 , 2006 for a public petition regarding golf cart use on the
public roads in the community of Goodland, Fl.
For the past 4-5 months, various residents of Goodland have been ticketed by a member of the
County Sheriff's office for driving golf carts on the streets of Goodland. Use of golf carts as a
means to go to the post office, visit neighbors and run short errands within the community is a
long standing practice and residents have not been bothered by the sheriff's office until the
recent occurrences. Residents wish to be able to continue their use of the golf carts within the
confines of our overlay district.
Therefore, the Goodland Preservation Coalition wishes to petition the County Commissioners to
pass an ordinance to render the village of Goodland as a Golf Cart Community. A petition is
being circulated throughout the community to gather signatures of members of the community
who support such an ordinance and the petition will be presented to the Commissioners.
Respectfully submitted,
Connie D. Stegall-Fullmer
President
Goodland Preservation Coalition, Inc.
Agenda Item No. 8A
April 11, 2006
Page 1 of 112
EXECUTIVE SUMMARY
,-'
Recommendation to consider Adoption of an Ordinance Establishing the Copper Cove
Community Development District (CDD) pursuant to Section 190.005, Florida Statutes.
OBJECTIVE:
The objective of this public hearing is for the Board to review and consider a petition for the
establishment of the Copper Cove CDD by adoption of an ordinance.
BACKGROUND:
Copper Cove Preserve Planned Unit Development (PUD), previously known as Champion Lakes
R V Resort PUD, was approved by the Board of County Commissioners at their meeting of
February 22, 2005, by Ordinance No. 2005-] 2. The previously approved PUD use of
Recreational Vehicle units was abandoned and replaced with conventional mixed-use residential
type dwellings, for a total of 300 dwelling units at a density of 2.96 per acre.
CONSIDERA TIONS:
On January ] 3, 2006, Colonial Homes, Inc., of which the managing member is Alan S. Farrior
by and through its undersigned attorney, jointly filed a petition with the Comprehensive Planning
- Department of Community Development and Environmental Services Division, for the
establishment of the Copper Cove Community Development District. A mandatory $15,000
application fee was submitted with the petition.
The proposed District is located entirely within Collier County, Florida and covers 10] .56:t acres
of land. The site is located in Sections I] & 14, Township 5] South, Range 26 East. The
proposed District is bounded on the South and East by Fiddler's Creek, on the West by Pelican
Lakes RV and Silver Lakes RV Resorts, and on the North by Quail Roost Development. A map
showing the location of the land area to be serviced by the District, as well as a metes and
bounds description of the proposed CDD, appears as Exhibits "] & 2" to the petition. The
landowner's consent to the establishment of the proposed CDD appears as Exhibit "3" of the
petition.
The CDD is comprised of approximately 10 1.56:l:: acres of the previously approved Planned Unit
Development (PUD) known as "Copper Cove Preserve." The proposed CDD includes, is
approved for and is requesting a total of295 residential dwelling units.
..-.
By adopting the ordinance and granting the petition, the Board of County Commissioners would
authorize the District, through its Board of Supervisors, to manage and finance certain basic
infrastructure for the benefit of the landowners and residents of the Copper Cove Development.
This infrastructure, under section 190.0 12( 1), Florida Statutes, includes basic urban systems,
facilities and services, including water supply, sewers and wastewater management, surface
water control and management (drainage), roads, bridges and street lights. If adopted, this
ordinance would !1.21 constitute consent by the County to the exercise of certain additional
Agenda Item No. 8A
April 11,2006
Page 2 of 112
special powers authorized by Section 190.012(2), Florida Statutes. These powers may include
the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational
uses, as well as security, including, but not limited to, guard-houses, fences and gates, electronic
intrusion-detection systems, and patrol cars, with certain exceptions. In order to gain these
additional powers, the newly created District Board would need to further petition the Board of
County Commissioners at a later date.
The District Board of Supervisors is initially elected for the first six years of the duration of this
district in a property-based election (one-acre, one-vote), which has been specifically ruled
constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455
(Fla. 1985)). By operation oflaw, in time, the Supervisors are elected on a one-person, one-vote
basis.
In order to provide the basic systems, facilities and services, the District has certain management
and financing powers. It may only exercise those powers, however, if they comply with certain
strict and detailed procedural requirements including ethics in government, disclosure, conflict of
interest requirements, noticed meetings, govemment-in-the-sunshine conduct, accounting and
reporting requirements to various local and state agencies, consultants' competitive negotiation
procedures, competitive bidding procedures and others.
The adoption of the CDD ordinance does not constitute a form of development approval.
Adoption of the CDD and compliance with these many procedural requirements does not,
in any way, allow the District to manage and finance any of these services and facilities
without showing that all legitimate. policies, constraints, authorities, controls, permits 0 r
conditions on the development of the land, whether local, regional, state or federal in
nature, and whether in the form of policies, laws, rules, regulations or ordinances, have
been complied with concerning development of the property. In essence, adoption of the
CDD ordinance does not exempt the petitioner from compliance with any applicable local,
regional, state or federal permitting or regulatory processes. In this sense, the Community
Development District is merely a mechanism to assure the County and the landowners of
the district that the provision of infrastructure and services for the PUD is managed and
financed in an efficient and economical way. Finally, in order to prevent potential abuses
of districts by landowners or by other local governments, the Legislature has provided that
the charter of the District, in the general statute itself, may be amended only by the
Legislature.
In order to provide these systems, facilities and services, the District also is given certain
eminent domain powers within tight constraints as well as the authority to require service
charges, fees or taxes for the various services rendered, ranging from installation of capital
facilities to long-term maintenance and repair. Without the County's consent, by resolution, the
aforementioned eminent domain power is limited to the boundaries of the District.
.-
The District may also issue revenue and other user bonds as well as general obligation bonds.
However, no general obligation bonds can be issued without a referendum and without showing
that the bond will not exceed 35 percent of the assessed valuation of the property within the
District. Even with these safeguards and constraints, during the first six years of the District's
existence, the board of supervisors shall not issue general obligation bonds unless the board first
holds elections on a one-person, one-vote basis for a new board of supervisors.
2
Agenda Item No. SA
April 11, 2006
Page 3 of 112
Accordingly, if Collier County adopts the ordinance, then it establishes the Copper Cove
Community Development District as a management tool to benefit both Collier County's existing
and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible
service provision without burdening the existing taxpayers and financial structure of Collier
County. In addition, the District is also a financing tool off the balance sheet of the County and
the developer. It will provide long-range and sustained quality service to initial and subsequent
landowners without burdening Collier County and its taxpayers.
Finally, such a District may not outlive its practical utility and usefulness. If it ceases to
function, it will automatically be disbanded by state law. If at any time during its existence
Collier County determines by a non-emergency ordinance that it can provide anyone of the
district services in a more economical manner, over the long term, at lower cost but with higher
quality, Collier County may then take that service away from the District and provide the service
itself.
Section 190.005, Florida Statutes provides that the exclusive and uniform method for
establishment of a COD of less than 1,000 acres shall be by county ordinance. Section 190.005,
Florida Statutes outlines the specific content required in the petition and further outlines six (6)
factors for the Board of County Commissioners to consider in determining whether to grant or
deny a petition for the establishment of a CDD as follows:
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the creation of the District is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the District.
5. Whether the community development services and facilities of the District will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the District is amenable to separate
special-district government.
County legal, planning, transportation and public works staffs have reviewed the petition and
exhibits submitted by the petitioners (attached) relative to these six factors and have found the
proposed Copper Cove CDD petition to be compliant with each of the six review factors. Staff
analysis relative to the six factors can be found in Attachment 2.
FISCAL IMPACT:
As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit "7" of the
petition, "Copper Cove Community Development District Proposed Timetable and Estimated
Costs of Construction", delineates the fiscal impacts and timing of impacts to be managed by the
3
Agenda Item No. 8A
April 11, 2006
Page 4 of 112
District. It is noteworthy that the estimated internal infrastructure and services to be financed by
the CDD is $16,249,746, consisting of roadway and utilities construction, water management,
landscaping, lighting, signage, environmental mitigation and contingency costs. Utilities will
eventually be turned over to Collier County.
DISTRICT RESPONSIBILITIES:
According to the petition, the Copper Cove Community Development District, if the ordinance is
adopted, will assume responsibility for the following:
(1) General development of the approved uses within the District;
(2) Roadways;
(3) Street Lights, landscaping and signage;
( 4) Stormwater Management;
(5) Water & Sewer Utilities;
(6) Environmental Mitigation; and
(7) Other matters related to the above tasks.
In keeping with past instructions by the Board, staff has included the following special
commitments to the Ordinance:
"SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in the
foregoing Recital setting forth Petitioner's Commitments, are-stated as follows: that the
Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns."
GROWTH MANAGEMENT IMP ACT:
The 101.56i: acres of the Copper Cove CDD are designated Urban - Mixed Use District,
Urban Coastal Fringe Subdistrict, Coastal High Hazard Area on the Collier County Future
Land Use Map. Although the establishment of this district does not constitute any development
approval, the plan of development previously approved for the subject property has been
determined to be consistent with the Collier County Growth Management Plan (GMP).
Accordingly, any future petitions for rezone or development permits will be subsequently
reviewed at the time of submittal, and will be subject to the requirements and limitations
specified in the Collier County Land Development Code (LDC), and will be required to be
consistent with the GMP in effect at that time.
LEGAL CONSIDERATIONS:
-
"If adopted by the Board of County Commissioners, the subject Ordinance would establish a
Community Development District (COD) and a District Board of Supervisors. The purpose of
4
Agenda Item No. 8A
April 11, 2006
Page 5 of 112
establishing a CDD, as per Chapter 190, Florida Statutes, is to establish an independent special
district as an alternative method to manage and finance basic services for community
development." The primary purpose of a CDD is to provide a long-term financing mechanism
for the subject development through:
1. Assessments
2. Ad Valorem Taxation
3. Issuance of Bonds
Creation of a CDD provides assurance that the capital infrastructure improvements necessary in
the District are funded by bond investors and subsequent purchasers of the parcels in the District.
The proposed CDD will be receiving sanitary sewer, potable water, and solid waste removal
services from the Collier County Utilities Division and will have to enter into one or more
interlocal agreements with Collier County, for such purposes.
RECOMMENDA TION:
Staff recommends that the Board of County Commissioners adopt and enact the proposed
ordinance establishing the Copper Cove Community Development District.
Prepared by: Marcia R. Kendall. Planner.
Comprehensive Planning Department
-
5
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8A
April 11, 2006
Page 6 of 112
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
Recommendation to consider Adoption of an Ordinance Establishing the Copper Cove
Community Development District (COD) pursuant to Section 190.005. Florida Statutes.
4/11/20069:0000 AM
Prepared By
Marcia Kendall
Community Development &
Environmental Services
Planner
Date
Comprehensive Planning
3/24/20068:28:58 AM
Approved By
Donald l. Scott
Transportation Services
Transportation Planning Director
Date
Transportation Planning
3/24/2006 1 :42 PM
Approved By
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Date
Com prehensive Planning
3/27/20068:06 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/28/2006 1 :31 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
3/28/20063:15 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/28/20064:42 PM
Approved By
Joseph K. Schm itt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/29/20068:47 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/29/2006 4:07 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/30/20065:17 PM
Approved By
James V. Mudd
County Manager
Date
Agenda Item No. SA
April 11, 2006
Page 7 of 112
Board of County
Commissioners
County Manager's Office
313012006 7:27 PM
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
INRE:
PETITION TO ESTABLISH THE
COPPER COVE COMMUNITY
DEVELOPMI<:NT DISTRICT
I
AFFIDA VIT ADOPTION WRITTEN, PRE-FILED TEST IMONY
STATE OF FLORIDA
COUNTY OF Collier
I, Craig Wrathell, Managing Partner of Wrathell, Hart, Hunt & Associates LLC, a Florida
corporation, being duly sworn, do hereby state for my affidavit as follows:
1. 1 have personal knowlec:ge of the matters set forth in this affidavit.
2. My name is Craig Wrathell and ] am Managing Partner of Wrathell, lart, Hunt &
Associates, LLC, a Florida corporation.
3. The prepared, written, pre-filed testimony, submitted under my name to Collier
County relating to the establishment of the Copper Cove Community Development
District, and attached hereto, is true and correct.
4. If [ were asked the questions contained in the pre-filed testimony ora]y at the Copper
Cove Community Development District establishment hearing on _ ,
2006, my oral answers would be the same as the written answers pre~,ented in my pre-
filed testimony.
Agenda Item No. SA
April 11,2006
Page 8 of 112
5. My pre-filed testimony generally addresses the nature of the service'; and facilities to
be provided by the proposed Copper Cove Community Development District, the
truth and accuracy of the Petition to establish the proposed District, md compliance
with the factors to be considered in the establishment of a communil y development
district.
Under penalties of perjury, I declare that I have read the foregoing and t Ie facts alleged
are true and correct to the best of my knowledge and belief.
Executive this Lday of at-I' J( C)' ,2006.
Craig Wrathell, Managing Partner, Wrathell, Hart., Hunt & Associates. LLC, a Florida
corporation.
B
-==~
rathell, Managing Partner
SWORN TO and SUBSCRIBED before me by the Affiant, on this Isf ,day c f
~bUbj!(j , 200~ -
.,~~;;:;~> Kllhe.rin~V.Selchan 4.l1vu'N! I/. &~
0".."",,/", CommiSSion #DDI64110 N tarv Public State of Florida
,~ \~.:' E"plres: Dee 22, 2006 0 .
--'~~Of~O?:/ Bonded Thru
J'lIp" A'lanllc BondmgCo., Inc. Ko..+ht-~.,-', Vie": J, ~"e \ c- 1.10.. V\
Typed Name of Notlry Public
Personally Known
/
Type Identification produced
Agenda Item No. 8A
April 11, 2006
Page9of112
2
TESTIMONY OF Craig A. Wrathell. Managing Pi!ct!:!.m:c
Wrathell. Hart. Hunt and Associates. LLC.
1. Please state your name and business address.
Craig Wrathell
Wrathell, Hart, Hunt & Associates
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
2. By whom are you employed and In what capacity?
Managing Partner
Wrathell, Hart, Hunt & Associates, LLC
3. And what is the nature of your firm's business?
Wrathell, Hart, Hunt and Associates, LLC is a management a.,d financial
consulting firm headquartered in Delray Beach, Florida. The firm ~'rovides four
general types of services to its clients:
Management and Treasury Services for Community Development District's
C'CDD")
Economic studies including market feasibility studies primarily to devE!/opers.
Long Term Strategic Planning Studies primarily to Community Development
District's.
Preparation of Special Assessment Studies primarily to Community [\evelopment
District's
4. Please describe your experience and credentials, including your
current employment.
Professional Credentials
Master of Arts, International Studies, University of Miami, 1997
Bachelor of Art, Political Science, Florida Atlantic University, 1995
Professional Organizations
Urban Land Institute, 2006
Agenda Item No. 8A
April 11, 2006
Page 10of112
Special Qualifications
Worked in the private sector for the past eight (8) years serving public as
well as private sector clients.
Established numerous Community Development Districts (CDDs)
throughout the State of Florida.
Extensive experience in developing and designing tax exemIJt bonds for
eligible public infrastructure capital financing programs designed to meet
client needs and expectations.
Relevant Experience
Municipal Administration: First City Manager for the City elf Marathon,
Florida Keys State Area of Critical Concern, for over two and one-hall (2.5) years,
with an annual budget of over $12.4 million; establishing 211 municipal
departments, developing and implementing community redevelopme1t initiatives.
Administered in a sound fiscal manner; resulting in $4.3 million in reserves
earmarked for infrastructure related capital improvements; maintaining the
lowest millage rate of any full-service munidpality in Monroe County. Aided
incorporation efforts for several new municipalities th roughout t'1e State of
Florida, and performed various administrative tasks and analysis work for the
City of Weston, as assigned by the City Manager and Assistant City t'I anager.
Negotiated transfer of $15 million in assets and funds flOm Monroe
County.
Lobbied appropriations of $2.78 million wastewater funding in Governor's
Budget.
Secured over $1.6 million in grant funds from FRDAP, FDOT, a1d DCA.
Strong leadership role in development of City Comprehenshle Plan and
Land Development Regulations consistent with redevelopment initiatives.
Crated Town of Southwest Ranches Charter and presented local bill to
Broward County Legislative Delegation, resulting in their incc,rporation in
November 2000.
Special District Administration: Served as District Manager for over 50
Community Development Districts and Special Act Districts througho.Jt the State
of Florida, developing and aclministering District Budgets totaling ove' $30 million
in annual revenues.
Administered issuance of over $300 million in tax exempt muricipal bonds
for community improvements.
Developed and administered budgets to fund administrative, operational
and maintenance needs, water and wastewater utility operatiom, and debt
service obligations.
Agenda Item No. 8A
April ii, 2006
Page 11 of 112
2
5. Please describe your educational background, with degr,ees earned,
major areas of stUdy, year of degree, institutions attended.
Master of Arts, International Studies, University of Miami, 1997
Bachelor of Art, Political Science, Florida Atlantic University, 1995
6. Do you hold any professional designations or certifications?
None
7. Are you a member of any prOfessional association?
None
8. Prior to your current employment,. by whom were you employed and
in what position?
Special District Services, Vice President
9. Have you previously worked with other COD petitions? Have you
previously prepared a Statement of Regulatory Costs ("SERC")?
Yes, most recently I prepared the petition to establish the Landmark of Doral
Community Development District in the City of Doral, Miami-Dade County
(granted establishment). Completed Statement of Estimated Regulatory costs
for the newly forming Waterford Landing Community Development District in the
City of Fort Myers, Lee County.
10. Have you ever been qualified as an expert in the prel>>aration of
such testimony regarding Community Development Districts?
Yes
11. Please summarize your previous work experience relating to COOs
and special districts in general?
Special District Administration: Served as District Manager 'or over 50
Community Development Districts and Special Act Districts throughout the State
of Florida, developing and administering District Budgets totaling ove,. $30 million
in annual revenues.
Administered issuance of over $300 million in tax exempt muricipal bonds
for community improvements.
3
Agenda Item No. SA
April 11, 2006
Page 12 of 112
Developed and administered budgets to fund administrative, operational
and maintenance needs, water and wastewater utility operatiors, and debt
service obligations.
12. Where in Florida are the districts with which you have w ~rked?
Statewide
13. Please list the proceedings In which you have been qualified as an
expert witness regarding the establishment (including c~ntractions
and/or additions to) of COOs and the operation and manClgement of
COOs.
Establishment: Landmark at Dorell and Waterford Landing COOs.
Operation and Management of COOs: Beacon Lakes COD, Bluewaters COD,
Capron Trail COD, Caribe Palm COD, Century Gardens COD, Cutler Cay COD,
Cypress Lakes COD, Deer Island COD, Oovera COD, Golden Lakes COD, Grand
Haven COD, Hypoluxo/Haverhill COD, Journey's End COD, Keys Cove COD, Lake
Ashton COD, Maple Ridge COD, Midtown Miami COD, Oakridge COD, Port of the
Islands Community Improvement District, Quantum COD, Reserves. & II COOs,
Summerville COD, Terracina COD, Thousand Oaks COD, ~,pring Lake
Improvement District, St. Lucie West Services District, Verona Walk COD,
Westchesters 1- VI COOs, Stoneybrook Oaks COD, and Landmark at Oorai COD.
14. 00 you consider yourself and expert in economic ar,alysis and
forecasting in regard to COOs?
Yes
15. Are you familiar with the geographical areas, type, and scope of
development and the available services and facilities within ':he Copper
Cove COO?
Yes
16. Are you familiar with the Petition filed to establish the CClpper Cove
COD?
Yes. I am familiar with the Copper Cove COD area. I am also fami'iar with the
type and scope of development, and services and facilities available with the
Copper Cove COD.
Agenda Item No. SA
April 11. 2006
Page 13 of 112
4
17. What has been your role with respect to the Petition 1:0 Establish
("Petition") Copper Cove Community Development Distrh:t ("Copper
Cove COD)?
I prepared the Statement of Estimated Regulatory Costs (SERC), and I have
provided the COD team with expert COD consulting services involving the
formation of the Copper Cove COD.
18. Please generally describe each of the exhibits attactled to the
Petition.
Petition Exhibit 1 is a location map, Copper Cove COD.
Petition Exhibit 2 is a metes and bounds description of the ProPQsed Copper
Cove CDD.
Petition Exhibit 3 is the required written consent of the landowner to the
establishment of the Proposed Copper Cove COD.
Petition Exhibit 4 the proposed timetable and the estimated related costs of the
construction for the Copper Cove COD.
Petition Exhibit 5 is a map of the Copper Cove COD showing current major trunk
water mains, sewer interceptors, utilities and outfalls.
Petition Exhibit 6 is a the County Urban Mixed Use Residential deSignation and
Future Land Use Map (FLUM).
Petition Exhibit 7 the Statement of Estimated Regulatory Costs (SERe)
Petition Exhibits 8-A and 8-6 are the professional engineer and planner's
discussion of the six factors for the establishment of the Copper Cove CDD.
Petition Exhibit 9 is the acknowledgement of the County Water-Sewel District
19. Are the contents of the Petition and the exhibits attache,", to it true
and correct to the best of your knowledge as of the date your prepared
testimony is filed?
Yes.
20. Why is Colonial Homes, Inc. petitioning for an orclinance to
establish the Copper Cove COD?
5
Agenda Item No. 8A
April 11, 2006
Page 14 of 112
The Proposed Copper Cove COD is the best alternative availatle to deliver
community development services to the area to be served. The COD will provide
a governmental entity to provide community services and facilities in a manner
that does not financially impact persons residing outside the C)D, and will
provide a responsible perpetual entity capable of making reasonatle provisions
for operation and maintenance of the CDD's services and facilities in the future.
The establishment of the CDD will prevent the general body of taxpayers in
Collier County from bearing the burden for installation of the infrastructure and
the maintenance of the above described facilities within the development
encompassed by the COD, and will be compatible with the capacit'y and uses of
existing local and regional services and facilities.
Let me ask you a few questions about certain opinions YOII may have
based on your experience in COO management,. r-eal estate
development and the development of lands within the Copper Cove
COD in particular.
21. Based on your experience in COD management, do YClU have an
opinion as to whether the proposed Copper Cove COD is of sufficient
size, sufficient compactness, and sufficient contiguity to be developed
as a functionally interrelated community?
Yes.
22. What is the basis for your opinion?
Based on my previous experience and my review of the exhibits to the Petition,
the proposed Copper Cove COD is of sufficient size, compactness and contiguity
to be developed as a functional interrelated community.
23. Based on your experience, do you have an opinion as to whether
Copper Cove COD is the best alternative available to provide
community development services and facilities to the area that will be
served?
Yes.
24. What is your opinion and the basis for it?
The Copper Cove COD is the best alternative to provide community c'evelopment
facilities to the area to be served. This is true for the landown'~rs and the
governmental entities for the following reasons:
Agenda Item No. 8A
April 11, 2006
Page 15 of 112
6
From the perspective of current and future property owners in Copper Cove
COD, the COD ;s the best alternative for providing commurlity faCilities,
infrastructure, and services. The land development envisioned fOI' the area in
the COD will require substantial proviSion of infrastructure, facilities and services.
The COD is an alternative method to provide these necessary servicl~. The COD
can access the tax-exempt public capital markets and thereby fund these
facilities and services at a lower cost than the alternative of developer funding.
Furthermore, unlike a homeowners association (HOA), the COD has the power to
assess property and collect those assessments along with other pmperty taxes.
Therefore, a COD can fund large capital improvement programs that a HOA
cannot.
With regard to the operations and maintenance of community ;'acilities and
services, the COD is also the best alternative. The COD is preferable to an HOA
or property owners association to future landowners for several reasons. First,
unlike a HOA, the COD collects funds for operations and mainteni'lnce directly
from assessments collected aiong with all other property taxes, a more assured
income stream. Unlike a HOA, a COD is a unit of local government and it must
hold its meetings in the sunshine and bid out its contracts. A COD provides
control to the landowners much sooner in time than a HOA. A COD is focused on
providing the community with services, facilities, and their maintenance in a way
the general purpose government, with its competing interests and broad
responsibilities, is not. This level of local control serves the best interests of
property owners in the COD.
From the perspective of the State of Florida, Collier County, and the water
management district, a COD is the best alternative for providing community
facilities and their operations and maintenance for a variety of reaso 1S. First, as
noted above, compared to an HOA, the COD Is a more powerfl'l and more
responsive organization for providing and for maintaining infrast-ucture and
services. Second, with a COD, the County would have to assume some
responsibility for construction, operations, and maintenance of community
facilities and services. Even if the County formed a dependent district to provide
community facilities and services to the area to be served by th,~ COD, and
charged appropriately for these services, the County would be enmeshed in the
responsibilities and in the management. Furthermore, without il COD, the
County cannot be assured that only residents of the area to be se-ved by the
COD would bear the full costs of the needed facilities and services.
25. Based on your experience, do you have an opinion as to whether
the selVices and facilities to be provided by Copper Cove COO will be
compatible with the land uses and existing local and regiomll facilities
and selVices?
7
Agenda Item No. 8A
April 11. 2006
Page 16 of 112
Yes.
26. What is your opinion and the basis for it?
The Copper Cove COD's facilities and services within the boundclries will not
duplicate any available regional services or facilities within the Copper Cove COD.
The CDD will provide infrastructure services and facilities that do not overlap
with those provided by others and are required under the development
agreements governing the property.
27. Based on your experience, do you have an opinion as to whether
the area to be included within the Copper Cove COO is amendable to
bring served by a separate special district government?
Yes, I do. It is my opinion that the area designated to be included in the Copper
Cove COD is amenable to existence as a separate special district gov,~rnment.
28. What is the basis for your opinion?
It is clear that the lands in the Copper Cove COD will continue to hc'Ve the need
for basic infrastructure.
The land area for the Copper Cove COD has previously been evaluated for
sufficiency of size, compactness, and contiguity and meets those tests.
Therefore, from a professional management perspective, the area \0 be served
by the proposed boundaries of the Copper Cove CDD is clearly amenable to
separate special-district governance.
The Copper Cove CDD has been shown the ability to provide facilities and
services to the benefit of its owners and residents, and the size and compactness
of the area will not be inconsistent with the Copper Cove COD's ,:apability to
provide those services.
Turning to the economic exhibits and OpinionS, we will begin
addressing a portion of the Petition to Establish the Copper Cove COD
boundaries that relate to certain economic analysis matters, including
the exhibits and your expert opinions on economic analysis i!'sues.
29. Are you familiar with the S.E.R.C.?
Yes.
30. How familiar?
Agenda Item No. 8A
April 11, 2006
Page 17 of 112
8
I prepared the SERC in accordance wittl the statutory requirements.
31. Are there any corrections required?
No. This exhibit is true and correct.
32. In general terms, please summarize the economic al',alysis you
have presented in the SERC.
First, the boundaries of the Copper Cove COD will have no cost impact on State,
County or city government beyond the processing of the Petition. The
processing costs are modest and will largely be offset by the filing i'ees charged
for the formation of COD's. Second, the boundaries will have no negative
economic impact on the future residents of the COD. Third, the (DO will not
have any impact on small businesses.
33. Please describe briefly the data and methodology yuu used in
preparing the SERC and .'elated analysis.
The data for the analysis came from the landowner, other experts working on
the Petition, and from the Petition itself. The methodology is a standard
economic impact assessment.
Turning now to the state and local comprehensive plan criteria of
Section 190.005(1)(e)2., do you have an opinion as to whether the
establishment of Copper Cove COO is Inconsistent with any applicable
element or portion of the State Comprehensive Plan?
34. What is your opinion?
It is my opinion that the establishment of the Copper Cove (DO is not
inconsistent with any applicable element or portion of the state cor1prehensive
plan.
35. What is the basis for that opinion?
I have reviewed, from a planning perspective, the State Compreht!nsive Plan,
particularly those portions which relate to COD's. The State of Florida
Comprehensive Plan (Chapter 187, Florida Statutes) "provides long-range policy
guidance for the orderly social, economic, and physical growth of the state..
From a planning perspective, four subjects, subject 15, 20, 25, an,j 17 of the
comprehensive Plan are relevant to the establishment of a COD.
36. What is Subject 15 and why is it relevant?
9
Agenda Item No. SA
April 11, 2006
Page 18 of 112
Subject 15, entitled Land use, recognizes the importance of locating
development in areas that have the fiscal abilities and service capacity to
accommodate growth. It is relevant because COD's are designed to provide
infrastructure services and facilities in a fiscally responsible manner to the areas
which can accommodate development. The establishment of the :opper Cove
COD will not be inconsistent with this goal because Copper Cove COD will have
the fiscal capability to provide the specified services and faciliti~s within its
boundaries. The COD area is currently raw land without any deve'opment. At
this time, the landowners intend to form one COD to provide the 0)0 area with
infrastructure and community services.
37. What is Subject 20 and why is it relevant?
Subject 20, entitled Governmental Efficiency of the State Compre 1ensive Plan
provides that governments shall economically and efficiently provide the amount
and quality of services required by the public. The proposed Coppm Cove COD
will be consistent with this element because the proposed Copper c.,ve COD will
continue to:
1. Cooperate with other levels of Florida government.
2. be established under uniform general law standards as
specified in Chapter 190, Florida Statutes;
3. be professionally managed, financed, and governed by those
whose property directly receives the benefits;
4. not burden the general taxpayer with costs for services or
facilities inside Copper Cove COD; and
5. Plan and implement cost efficient solutions for:he required
publiC infrastructure and assure delivery of selected services
to residents.
38. What is Subject 25 and why is it relevant?
This subject calis for systematic planning capabilities to be integr<'ted into all
levels of government throughout the state, with particular emphasis on
improving intergovernmental coordination and maximizing citizen involvement.
The proposed Copper Cove COD will be consistent with this eiement Df the State
Comprehensive Plan because:
1. the proposed Copper Cove COO will systematically plan for
the construction, operation and maintenance 01' the public
improvements and the community facilities authcrized under
Agenda Item No. SA
April 11. 2006
Page 19 of 112
10
Chapter 190, Florida Statutes, subject to and not
inconsistent with the local government comprE!hensive plan
and development regulations;
2. Copper Cove CDD meetings are publicly advertised and are
open to the pUblic so that all Copper Cove CDD property
owners and residents can be involved in planning for
improvements;
3. Section 189.415, Florida Statutes, requires Copper Cove CDD
to file and update public facilities reports with the County,
which it may rely upon in any revisions 1:0 the local
comprehensive plan.
39. Are there any other subjects within the State Compreh4~nsive Plan
which are relevant?
Yes, Subject 17 entitled Public Facilities. The applicable goal anlJ policies of
Subject 17 relate to (i) protecting investments in existing public '~acillties; (ii)
providing financing for new facilities, (Iii) allocating the costs of new public
facilities on the basis of the benefits received by future re!;,idents; (iv)
implementing innovative but fiscally sound techniques for financing pUblic
facilities; and (v) identifying and using stable revenue sources f)r financing
public facilities.
40. Do you have an opinion, as someone with expertise in p~anning, as
to whether the establishment of Copper Cove CDO is inconsistent with
any applicable element or portion for the Collier County ComllJrehensive
Plan?
Yes.
41. What is that opinion?
The establishment of the Copper Cove COD is not inconsistent with any
applicable element or portion of the Collier County Comprehensive Plan.
42. What is the basis for this opinion?
Chapter 190, Florida Statutes, prohibits any community development district
from acting in a way inconsistent with the local governments' comprehensive
plan, and the exercising of any power must be done with the comprehensive
plan in mind. Thus, any activities of the CDO must be in compliance with County
procedures and the use of those powers granted to the COD does not make it
]1
Agenda Item No. 8A
April 11, 2006
Page 20 of 112
inconsistent with the local Collier County Comprehensive Plan. I hClve examined
the Future Land Use Element (FLUE) of the Collier County Plan and the proposed
land uses within the proposed COD are consistent with the authorized uses
contained in the FLUE.
43. Does this conclude your testimony?
Yes.
12
Agenda Item No. 8A
April 11, 2006
Page 21 of 112
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
INRE:
PETITION TO ESTABLISH THE
COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT
AFFIDA VIT ADOPTION WRITTEN, PRE-FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, David A. Hyyti, P.E. do hereby Slate for my affidavit as follows:
I. I have personal knowledge of the matters set forth in this affidavit.
2. My name is David A. Hyyti
3. The prepared, written, pre-filed testimony, submitted under my name to Collier
County relating to the e>:tablishment of the Copper Cove Community Development
District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre-filed testimony ora: Iy at the Copper
Cove Community Development District establishment hearing on _ ,
2006, my oral answers would be the same as the written answers prefented in my pre-
filed testimony.
Agenda Item No. 8A
April 11, 2006
Page 22 of 112
5. My pre-filed testimony generally addresses the nature of the services and facilities to
be provided by the proposed Copper Cove Community Development District, the
truth and accuracy ofthl' Petition to establish the proposed District, a.ld compliance
with the factors to be considered in the establishment of a communit) development
district.
Under penalties of perjury, I declare that I have read the foregoing and th" facts alleged
are true and correct to the best of my knowledge and belief.
Executed this ---8-day of----Le.br"-..." y
/
,2006.
~
By
David A. H. " P.
D iL
S~RN TO and SUBSCRIBED before me by the Affiant, on this ~, day of
_ ~...... ,2006,
a '
N~~~t~lf~~
!1/t{t;'L.A 1-1 CASL-
Typed Name of Notary Public
Personally Known /
p~,!EJ.A1oI CASE
., COMI.IISSI0N . DO 393582
EXP1I.ES: 1>1" 14, 2(ffl
&ildilldlrrl'l~"'PuDllcUr~
Type Identification produced
Agenda Item No. SA
April 11, 2006
Page 23 of 112
2
TESTIMONY OF David A. Hyyti. P.E.
1. Please state your name and business address.
David A. Hyyti, P.E.
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Fl. 34134
2. By whom are you employed and in what capacity?
I am currently employed as a professional engineer with Q. Grady Minor and
Associates, P.A., and I am Vice President in the Company.
3. And what is the nature of your finn's business?
Q. Grady Minor and Associates, P.A., provides engineering, surveyinq/mapping,
land planning and landscape design services to private and governmental clients
directly and through the use of sub-consultants.
4. Please describe your experience and credentials, including your
current employment.
I am a Registered Professional Engineer in the State of Florida with ;,1 years of
engineering experience.
5. Please provide your professional background, with degree.s earned,
major areas of study, year of degree, and institutions attended.
I graduated from Youngstown State University in Ohio in 1984 with a Bachelor of
Science in Civil Engineering and am currently enrolled in the EMBA program at
FGCU
6. Do you hold any professional designations or certifications?
I received my license as a Professional Engineer in the State of Florica in 1989,
P.E. #41036
7. Are you a member of any professional associations?
I'm a member of the Florida Engineering Society the National Society of
Agenda Item No. 8A
April 11. 2006
Page 24 of 112
Professional Engineers and the Urban Land Institute.
8. Prior to your current employment, by whom were you employed and
in what position?
I was previously employed by EarthMark Companies directing d~velopment
activities on several of their land development projects. That work i 1c1uded the
establishment and implementation of two Community Development Districts.
One district is in Lee County and the other one is in Hillsborough County. Prior
to that I worked with WilsonMiller, Inc. as a land development project manager.
9. Do you consider yourself an expert in civil engineering?
Yes
10. Please describe your experience with civil engineering relating to
community development districts ("coos.) and special disbicts?
I have provided engineering services for several COD's throughout my career
both as a developer's consultant setting up and establishing Districts a1d as
District Engineer during the ongoing operations of the several Districts Those
Districts include: Herons Glen (CFM COD), Bay Creek COD, the Bayside,
Improvement District and the Brooks COD's in Lee County, the Riverwl'lod COD in
Charlotte County and the South Bay COD in Hillsborough County. I w,s directly
responsible for the creation of the capital improvement project prograrns for
most of those districts resulting in the issuance of over $136,000,000 (If capital
improvement bonds.
11. Do you consider yourself an expert in civil engineering, capable of
rendering expert opinions on COOs, and specifically on infrc'structure
for COD services?
Yes
12. What has been you role with respect to the Petition to Establish
("Petition") Copper Cove Community Development District (~CDO.)?
I created the Exhibit maps and the capital improvement budget and re ndered an
opinion regarding the six n the
13. Are you familiar with the Petition filed to establish Copper Cove
COO?
Agenda Item No. SA
April 11, 2006
Page 25 of 112
2
I have reviewed the Petition and its attachments, and I am familiar with the
materials.
14. Have you reviewed the corltents of the Petition?
Yes
15. Are there any changes or corrections to the Petition at thb time?
Not that I am aware of.
16. Are there any changes or corrections to any of the! exhibits
attached to the Petition at this time?
Not that I am aware of.
17. Are you generally familiar with the geographical areas, type, and
scope of development and the available services and facilities within
the Copper Cove CDD?
Yes. I am familiar with the area within Copper Cove COD rCDD An~a'1. I am
also familiar with the services and facilities available within Copper Cove COD.
18. Please provide us with a brief description of Copper Cove CDD
boundaries and location?
The proposed Copper Cove CDD is approximately 101.558 acres, as described by
the sketch contained in the Petition. It is located wholiy in unincorpor,~ted Collier
County, on the east side of County Road 951, approXimately 3 mile(i) south of
the intersection of U.s. 41 and C.R. 951.
,-
19. Please desaibe Exhibit "l-A and l-S" (i.e., location map); Exhibit
"2" sketch and metes and bounds legal description of the boultdaries of
District:; and Exhibit 4 (I.e., map of the proposed stormwai:er sewer
interceptors and outfalls, map of proposed water mains i1nd force
mains, and the map of the existing Infrastructure) of the Petltiion.
Exhibit l-A is general project location map showing the proposed District's
location within Collier County relative to major roadways.
Exhibit I-B is an aerial overlay of the proposed district showing it's ori'~ntation to
adjacent projects.
3
Agenda Item No. 8A
April 11, 2006
Page 26 of 112
Exhibit 2 is a sketch and written legal description of the District boundary which
contains approximate 101.558 acres.
Exhibit 4 is a map prepared by Grady Minor depicting the proposed site
development plan and the pn mary infrastructure service locations.
20. Are the contents of the Petition and exhibits attached to it true and
correct to the best of your knowledge as of the date your prepared
testimony is filed?
Yes
Let me ask you a few questions about certain opinions you may have
based on your experience with COOs, civil engineering, mal estate
development, and the development of lands within Copper Cove COD in
particular.
21. Based on your experience, do you have an opinion as t(I whether
the proposed Copper Cove COO is of sufficient size, sufficient
compactness, and sufficient contiguity to be develop,ed as a
functionally interrelated community?
Yes
22. What is your opinion?
Based on my previous experience and review of the Petition ard exhibits
attached thereto, the proposed Copper Cove CDD is of suffi:ient size,
compactness and contiguity to be developed as a functional i1terrelated
community.
23. What is the basis for your opinion?
The project is basically a square and could not be much more conpact. The
proposed land use and development of the land has been planne:l to be a
functional interrelated community.
24. Based on your experience, do you have an opinion as to whether a
COD is the best alternative available to provide c(""munity
development services and facilities to the area that will be serlfed?
Yes.
Agenda Item No. 8A
April 11, 2006
Page 27 of 112
4
25. What is your opinion and the basis for your opinion?
Based on my experience, the lower rate tax exempt financing available through a
COD is more economical than other sources of developer fund ng for the
construction of community infrastructure. A District also p "ovides for
professional long term management of the ongoing maintenance operations of a
community.
26. Based on your experience, do you have an opinion as t~ whether
the services and fadlities to be provided by the proposed CI)D will be
compatible with the uses and existing local and regional facilities and
services?
Yes
27. What is the basis of your opinion?
Copper Cove COD facilities and services will provide those services t1at are not
provided by Collier County such as landscape and irrigation maintenance, lake
maintenance and exotic control. Water and sewer facilities installed by the
District will be turned over to Collier County for ownership and maintenance so
as to not duplicate efforts in providing services to the community.
28. Based on your experience, do you have an opinion as to whether
the area to be Included within the proposed CDD is amenablo to being
served by a separate special district government?
Yes, I do. It is my opinion that the area designated to be included in Copper
Cove COD is amenable to continued existence as a separate spedal district
government.
29. What is the basis for your opinion?
It is clear that the development within Copper Cove COD will continue to have
the need for basic infrastructure services.
The land area for Copper Cove CDD has been evaluated for sufficiercy of size,
compactness, and contiguity and meets those tests. Therefore, from a
professional management perspective, the area to be served by Copper Cove
COD is clearly amenable to separate special-district governance.
The proposed Copper Cove CDD has the ability to provide facilities arId services
to the benefit of its owners and residents, in an efficient and effective manner.
5
Agenda Item No. 8A
April 11, 2006
Page 28 of 112
30. Turning now to the state and local comprehensive plan criteria of
Section 190.00S(1)(e)2., do you have an opinion as to wl,ether the
establishment of the proposed CDD is inconsistent with any applicable
element or portion of the State Comprehensive Plan?
Yes
31. What is your opinion?
It is my opinion that the establishment of Copper Cove COD is not nconsistent
with any applicable element or portion of the state comprehensive pial.
32. What is the basis of your opinion?
I have reviewed the State Comprehensive Plan, particularly those por:ions which
relate to COD's. The State of Florida comprehensive Plan (Chapter 187, Florida
Statutes) "provides long-range policy guidance for the orderly sodal, economic,
and physical growth of the state." From a community development r'erspective,
four subjects, subject 15, 20, 25, and 17 of the State Comprehenske Plan are
relevant to the establishment of a COD.
33. What is Subject 15 and why is It relevant?
Subject 15, entitled Land use, recognizes the importance c,f locating
development in areas that have the fiscal abilities and service capacity to
accommodate growth in and environmentally sensitive manner. It is relevant
because COD's are designed to provide infrastructure services and fa :ilities in a
fiscally responsible manner to the areas which can accommodate de/elopment.
The establishment of the Copper Cove COD will not be inconsistent wi1h this goal
because Copper Cove COD will have the fiscal capability to provide th~ specified
services and facilities within its boundaries. The COD area is cLrrently an
undeveloped RPUD, once established, the COD will provide the area with
infrastructure and community services as need to accommodate tt€ planned
growth.
34. What is Subject 20 and why is it relevant?
Subject 20, entitled Governmental Efficiency provides that governnents shall
economically and efficiently provide the amount and quality of serviCES required
by the public. The proposed Copper Cove COD will be consistent with this
element because the COD will continue to:
1. Cooperate with other levels of Florida government.
Agenda Item No. SA
April 11, 2006
Page 29 of 112
6
2. be established under uniform general law st,3ndards as
specified in Chapter 190, Florida Statutes;
3. be professionally managed, financed, and govem~d by those
whose pmperty directly receives the benefits;
4. not burden the general taxpayer with costs for services or
facilities inside Copper Cove CDD; and
5. Plan and implement cost efficient solutions for t'le required
public infrastructure and assure delivery of selected services
to residents.
35. You also mentioned Subject 25. What is this and why is it
relevant?
This subject calls for systematic planning capabilities to be integra':ed into all
levels of govemment throughout the state, with particular emphasis on
improving intergovemmental coordination and maximizing citizen involvement.
The proposed Copper Cove CDD will be consistent with this element (if the State
Comprehensive Plan because:
1. The proposed Copper Cove CDD will systematically plan for
the construction, operation and maintenance of the public
improvements and the community facilities authorized under
Chapter 190, Florida Statutes, subject to and not
inconsistent with the local government comprehE:nsive plan
and development regulations;
2. Copper Cove CDD meetings are publicly advertised and are
open to the publiC so that all Copper Cove CDD property
owners and residents can be involved in planning for
improvements;
3. Section 189.415, Fiorida Statutes, reqUires Copper Cove CDD
to file and update public facilities reports with the County,
which it may rely upon in any revisions to the local
comprehensive plan.
36. Are there any other subjects within the State Comprehensive Plan
which are relevant?
Yes, Subject 17 entitled Public Facilities. The applicable goal and IJolicies of
Subject 17 relate to (i) protecting investments in existing public facilities; (Ii)
planning and providing financing for new facilities, (ill) allocating th,~ costs of
new public facilities on the basis of the benefits received by future resi,jents; (iv)
implementing innovative but fiscally sound techniques for financing public
facliities; and (v) identifying and using stable revenue sources for financing
publiC facilities.
7
Agenda Item No. SA
April 11, 2006
Page 30 of 112
The proposed CDD incorporates all of these policies and is recognized by Chapter
190 as an altemative method to manage and finance services for community
development.
37. Do you have an opinion, as someone with expertise in cDmmunity
development, as to whether the establishment of Copper Cove COD is
inconsistent with any applicable element or portion of ti1e Collier
County Comprehensive Plan?
Yes.
38. What is your opinion?
The establishment of the Copper Cove CDD is not inconsistent with any
applicable element or portion of the Collier County Comprehensive Pian.
What is the basis for this opinion?
Chapter 190, Florida Statutes, prohibits any community developm'~nt district
from acting in a way inconsistent with the local govemments' comorehensive
plan, ordinances, or regulations. Thus, any activities of the CDD r'lust be in
compliance with County procedures and the use of those powers granted to the
CDD does not make it inconsistent with the local Collier County Comorehensive
Plan. I have also examined the Future land Use Element (FLUE) of the Collier
County Plan and the proposed land uses within the proposed CDD are consistent
with the authorized uses contained in the FLUE.
39. Does this conclude your testimony?
Yes.
Agenda Item No. 8A
April 11, 2006
Page 31 of 112
8
BEFORE THE BOARD OF COMMISSlONERS
COLLlER COUNTY, FLORlDA
STATE OF ALABAMA
COUNTY OF MONTGOMERY
INRE:
PETITION TO ESTABLlSH THE
COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT
AFFlDA VIT ADOPTION WRITTEN, PRE-FILED TESTJIMONY
STATE OF ALABAMA
COUNTY OF MONTGOMERY
l, Alan S. Farrior. President of Colonial Homes, Inc., an Alabama corporation, being duly sworn,
do hereby state for my affidavit as follows:
I. I have personal knowledge of the matters set forth in this affidavit.
2. My name is Alan S. Farrior and I am President of Colonial Homes, In.;., an Alabama
corporation.
3. The prepared, written, pn~-filed testimony, submitted under my name'o Collier
County relating to the establishment of the Copper Cove Community Development
District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre-filed testimony orall" at the Copper
Cove Community Development District establishment hearing on _ ,
2006, my oral answers would be the same as the written answers presented in my prc-
filed testimony.
._".",_.~-~~---_...,"",~
Agenda Item No. SA
April 11, 2006
Page 32 of 112
5. My pre-filed testimony generally addresses the nature of the services and facilities to
be provided by the proposed Copper Cove Community Development District, the
truth and accuracy of the Petition to establish the proposed District, and compliance
with the factors to be considered in the establishment of a communi' y development
district.
Under penalties ofperjury, I declare that I have read the foregoing and lhe facts alleged
are true and correct to the best of my knowledge and belief.
Executive this ~day of January, 2006.
,~Al.b.m. 00,,","'" ,,, '-Zi t
By ~..-
Alan S. Farrior, resident
SWORN TO and SUBSCRlBED before me by the Affiant, on thi~ day c f January, 2006,
by
Personally Known ~~
Type ldentification produced
tk_
Agenda Item No. 8A
April 11,2006
Page 33 of 112
2
Copper Cove Community Development Di!5Tt:rict
Testimony of Alan S. Parrior, President of Colonial
Homes, Inc.
1. Please state your name and business address.
My name is Alan S. Farrior. My business address is 2000 Interstate Park Drive,
Suite 400, Montgomery, Alabama 36104
2. By whom are you employed and in what capacity?
I am the President of Colonial Homes, Inc.
3. Please describe your duties in this position.
As President, I am responsibie for the overall corporate development philosophy
for the developments we build, and for the oversight of all operations of the
Company.
4. Please describe your experience and credentials, including your
current employment.
I have been in the land development business and homebuilding business for 28
years and am currently President and Chief Executive Officer of Colol1ial Homes,
Inc. and Lowder New Homes, Inc. I also serve as a Life Director 1m National
Association of Home Builders.
5. How long have you held this position?
I have been President and Chief Executive Officer of Colonial Homes, Inc. since
inception and for 16 years as President and Chief Executive Officer of Lowder
New Homes, Inc.
6. Are you generally familiar with the geographic areas, type, and
scope of development and the available services and facilities within
the proposed Community Development District to be known i!S Copper
Cove Community Development District?
Yes. I am familiar with the Copper Cove CDD area. I am also famili ar with the
type and scope of development and the available services and facilitie~ within the
Copper Cove CDD.
Agenda Item No. SA
April 11, 2006
Page 34 of 112
Copper Cove Community Development District
Testimony of Alan S. Parrior, President of Cnlonial
Homes, Inc.
7. Please describe your involvement with the Petition for an Ordinance
to Establish the Copper Cove Community Development District
("Petition")?
I have been involved with the formation of the Copper Cove CDD since its
inception. I was involved in the planning stages of the Copper Cove COD, and in
the preparation of the COD Petition and exhibits.
8. Have you reviewed the contents of the Petition?
Yes, I have reviewed and approved the contents of the Petition and the Exhibits.
9. Are there any changes or corrections to any of the Exhibit:> attached
to the Petition at this time?
No.
10. Are the contents of the Petition and Exhibits true and conoect to the
best of your knowledge?
Yes.
11. In response to this Petition, what action has Collier County Taken?
Collier County published a notice of the public hearing once a week for five
consecutive weeks in the Naples Daily News. A copy of the proof of publication
was submitted at the commencement of the hearing.
12. Approximately how large is the land area proposed to be in the
Copper Cove COO?
Approximately 101.5 acres.
13. Who are the Owners of the proposed land to be included in the
Copper Cove COD?
Colonial Homes, Inc. is the sole landowner of the proposed land within the
Copper Cove COD.
Agenda Item No. 8A
April 11, 2006
Page 35 of 112
2
Copper Cove Community Development Di!;trict
Testimony of Alan S. Parrior, President of Cc)lonial
Homes, Inc.
14. Have the Owners Provided and Affidavit of Ownership and Consent
to the Creation of the Copper Cove CDD?
Yes.
15. Does this conclude your testimony?
Yes.
Agenda Item No. 8A
April 11, 2006
Page 36 of 112
~~.,~~ ~O.8A
,QJ.;\.{~dJ~~r;"'(';\'(,.ff-rl.(,.l.(.v:_(~~;~(~rli-rl.(~l,{rlJ-;'~QJ:rlJ;ifrl.1 2006
~~'ft'f'i:n't\'rf't"'~'f\.'ft'. . \ .. .. ;-r('f('fi'J:\'f\.t\"fN'rn'l\-n'n'fi.'fi."f\.~'ftOf 112
-~<tE~<1\~F6i~.~ . ~~p(~ l.. l J
t:YfI\~lk'NI\GVr\<i~(*~<i>t~~~l~~~~G.\ l. ,I
Policy Number SOC 497593 I
.... * *
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS. ;
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the i
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule AI
sustained or incurred by the insured by reason of: '
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the titl~,
as insured, but only to the extent provided in the Conditions and Stipulations. I
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its
corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when
countersigned by an authorized officer or agent of the Company
Issued through the Office of:
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Srock Company
400 Second Avanue South. Minnaapolis. Minnesot. 55401
(61Z) 37HIJI
Auth~rY Jf #1--
By
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President
ORT F9na33'l ALTA Own"s Policy 10.1).92
with Fklnd. modifications
SeC"1ralJ'
,
OLD REPUBLh... NATIONAL TITLE INS~cE COMPANY
OWNER'S POllCY
Schedule A
Agendaltern No. 8A
April 11, 2006
Pa e 38 of 112
Policy No.:
SDC-497593
Effective Date:
May 5, 2004 @ 01:38 PM
Agent's File Reference:
THG COLON SMELA
Amount of Insurance: $11.500,000.00
1. Name of Insured: COLONIAL HOMES. INC.
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify
same) and is at the effective date hereof vested in the named insured as shown by ins1nlments recorded in Official
Records Book 3556, Page 1619. and Official Records Book 3556, Page 1622. all of the Public Records of Collier
COImty. Florida.
3. The land referred to in this policy is described as foUows:
See Exhibits "An and "B" attached hereto.
Agent No.: 809099
Issuing Agent:
HENDERSON, FRANKLIN, STARNES &
HOLT, P.A. (Fort Myers)
I7lS Monroe Sf.
P. O. Box 280
Fort Myers, FL 33902
JL A~~e
THOMAS H. GUNDERSON
Attorney at Law
Form OPM-SCH. A.
(rev. J198)
DoubleTlmell.
OLD REPUBL1", NATIONAL TITLE INSURAl'lCE COMPANY
OWNER'S POLlCY
Schedule B
Agenda;ltem No. SA
A ril 11, 2006
Pa e 39 of 112
Policy No.:
SDC-497593
Agent's File Reference:
THO COLON SMELA
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing
liens by the public records.
2. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder. including submerged, filled or artificially exposed lands and lands accreted to such 1ands.
3. Subject land lies within the boundaries for Solid Waste Collection, Collier County. and will be subject to future
assessments for said collection services. The assessments for the CWTCnt year are payable with the ad valorem taxes.
4. Any lien provided by Chapter 159. Florida Statutes. in favor of any municipality or authority for unpaid charges for
services by any water, sewer or gas system to the land described herein.
5. The nature. extent and existence of riparian rights are not insured.
6. Right-of-Way Agreement recorded in Official Records Book 817. Page 219, Collier County. Florida. (as to Exhibit A-
Section 11)
7. Easement granted to Florida Power & Light Company recorded in Official Records Book 1157. Page 753, Collier
County, Florida. (as to Exhibit A-Section 11)
8. Right-of-Way Agreement granted to Florida Power and Light Company recorded in Official Records Book 831. Page
1470, Collier County, Florida. (as to Exhibit A-Section 14)
9. Dedications. easements and other matters stated and shown on map of Pelican Lake R.V. Resort Unit One recorded at
Plat Book 27. Pages 82 through 85. of the Public Records of Collier County. Florida. (as to Easement Parcel)
10. Dedications. easements and other matters stated and shown on map of Pelican Lake RV. Resort Unit Four recorded at
Plat Book 30. Pages 16 through 18, of the Public Records of Collier County, Florida. (as to Easement Parcel)
11. Dedications, easements and other matters stated and shown on map of Fiddler's Creek Phase lB. Unit Three recorded
at Plat Book 29. Pages 77 through 85, of the Public Records of Collier County, Florida. (as to Easement Parcel)
12. Easement for roadway as described in Deed recorded in Official Records Book 178. Page 452; and partially vacated by
Vacation of Easements recorded in Official Records Book 2783. Page 2615. Public Records of Collier County,
Florida. (as to Easement Parcel)
13. Mortgage in the sum of $1.000,000.00 from COLONIAL HOMES. INC., a Florida corporation, to CHAMPION
LAKES DEVELOPMENT. LLC, recorded 5/512004 in Official Records Book 3556. Page 1626. of the Public Records '
of Collier County. Florida.
FDrm OPM-SCH. B
C.-V. 5/94)
Doubt.TImel)
OR: 3556 PG: .46~8daJ!tem No. SA
A rH 11, 2006
Pa e 40 of 112
A PARCEL OF LAND WCATED IN TIlE SOUI'HWEST 1/4 OF SECTION 11 AND niB
NORlHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOurn, RANGE 26 EAST, COlLIBR.
COUNlY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT TIm SOlJlHWEST CORNER OF SBC110N 11, TOWNSHIP 51 SOUIll, RANGE
26 BAST, COLLIER. COUNlY, FLORIDA; lHBNCE RUN NORm 01058'30" EAST. ALONG
TIlE WEST LINE OF 1HB SOUl'HWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF
977 .17 FEET; nmNCE RUN SOUIH 88014'03" EAST FOR A DISTANCE OF 440.00 FEET;
nmNCE RUN SOUlH 01058'30" WEST FORA DISTANCE OF 101.13 FEET; THENCE
RUN NORlH 88005'15" WEST FOR A DISTANCE OF 40.00 FEET; lHENCE RUN SOUIH
01058'30" WEST FOR A DISTANCE OF 108.24 FEET; 1lIENCE RUN SOUlll 88005'18"
EAST FOR A DISTANCE OF 327.16 FEET TO A POINT ON A CIRCULAR CURVE,
CONCAVE SOUl'HEAST. WHOSE RADIUS POINT BEARS SOUIH 88017'11" EAST, A
DISTANCE OF 140.00 FEET lHEREFl~.oM; lHBNCE RUN NORlHEASTERLY, ALONG
'mE ARC OF SAID CURVE TO 'mE RlGIIT, HAVING A RADIUS OF 140.00 FEET,
lHROUGf{ A CENTRAL ANGLE OF 90"02'49", SUBTENDBD BY A CHORD OF 198.07
FEET AT A BEARING OF NORm 46044'14" EAST, FOR A DISTANCE OF 220.03 FEET TO
'mE END OF SAID CURVE; nmNCE RUN SOUlll 88014'22" EAST FOR A DISTANCE
OF 510.14 FEET TO A POINT ON TIm EAST LINE OF lHBSOlJIHWEST 1/4 OF TIlE
SOUlHWEST 1/4 O~ SAID SECTION 11; lHENCE RUN SOUlll 01042'49" WEST, ALONG
'mE EAST LINE OF TIlE SOurnwEST 1/4 OF TIm SOl.JTHwEsT 1/4 OF SAID SECTION
II, FOR A DISTANCE OF 910.75 FEET TO A POINT ON lHB SOUlll LINE OF 1HE
SOUlHWEST 1/4 OF SAID SECTION 11; lHENCE RUN SOUIB 88005'18" BAST, ALONG
1HE soum LINE OF 1HE SOUIHWEST 1/4 OF SAID SECTION II, POR A DISTANCE
OF 690.46 FEET TO A POINT ON nIB EAST LINE OF nIB WEST 1/2 OF nIB
NOR'mEAST 1/4 OF TIm NORlHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUIH,
RANGE 26 EAST, COUJERCOUNlY, FLORIDA; lHENCERUN SOUlllOOOOl'41"
WEST, ALONG TIm EAST LINE OF TIm WEST 1/2 OF THE NORnmAST 1/4 OF TIlE
NORlHWEST 1/4 OF SAID SECTION 14, FORA DISTANCE OF 1,389.59 FEET TO A
POINT ON 1HE SOUlH LINE OF 1HE NORm 1/2 OF nIB NORlHWEST 1/4 OF SAID
SECTION 14; nmNCE RUN NORlH 88"20'44" WEST, ALONG lHB SOUIH LINE OF lHB.
NORlH 1/2 OF 1HE NORlHWEST 1/4 OF SAID SEcnON 14, FOR A DISTANCE OF .
2,077.67 FEET TO 1HE SOUlHWEST CORNER OF 1HE NORm 1/2 OF 1HE
NORlHWEST 1/4 OF SAID SECTION 14; lHBNCE RUN NORm 00017'50" BAST, ALONG
TIm WEST LINE OF lHB NORTHWEST 1/4 OF SAID SECTION 14, FORA DISTANCE OF
1,398.73 FEET TO TIm POINT OF BEGINNING; CONTAINING 94.732 ACRES, MORE OR
LESS.
lof2
OR: 3556 PG: !630dailtem No. SA
A ril 11, 2006
Pa e 41 of 112
AND
KRESSE PARCEL
THAT PORTION .oF TIlE N.oRm 1/2 .oF THBN.ollm 1/2 .oF SECTI.oN 15,
T.oWNSHIP 51 S.oUTH, RANGE 26 EAST, COLLIBR COUNTY, FLORIDA, LYING
EASTERLY .oF STATE :lOAD 951 (ISLE .oF CAPRI ROAD), LESS AND EXCEPT
THE SOUl'HERLY 1,100.00 FEET llIEREOF AND LESS AND EXCEPT THE
NORTHERLY 220.00 FEET nmREOF; C.oNTAINING6.826 ACRES, M.oRE OR
LESS.
AND
EASEMENT PARCEL
TOGETHER with those certain non-exc1usive right-of-way easements for ingress and
egress as more particularly described by Deeds recorded in Official Records Book 189,
page 327; Official Records Book 234. page 869 and .official Records Book 234, page
383. Lee County. Florida.
2of2
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EXCLUSIONS FROM COVEr ~c
The following matters are expressly excluLo~u from the coverage
of this policy and the Company will not pay loss or damage. costs.
attorneys' fees or expenses which may arise' by reason of:
1. (a) Any law. ordinance or governmental regulation lincluding but
not limited to building and zoning laws. ordinances. or regulations I
restricting. regulating. prohibiting or relating to (i) the occupancy. use.
or enjoyment of the land; Iii) the character. dimensions or location of
any improvement now or hereafter erected on the land; liii) a
separation in ownership or a change in the dimensions or area of the
land or any parcel of which the land is or was a part: or (iv)
environmental protection. or the effect of any violation of these laws.
ordinances or governmental regulations. except to the extent that a
notice of the enforcement thereof or a notice of a defect. lien or
encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Poiicy.
Ibl Any governmental police power not excluded by la) above,
except to the extent that a notice of the exercise thereof or a notice
of a defect. lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at
Date of Policy,
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects. liens. encumbrances, adverse claims or other matters:
la) created. suffered. assumed or agreed to by the insured
claimant;
(b) not known to the Company. not recorded in the public
records at Date of Policy. but known to the insured claimant and not
disclosed in writing to the Company by the insured. claimant prior to
the date the insured claimant became an insured under this policy;
Ic) resulting in no loss or damage to the iOsured claimant;
(d) attaching or creating subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
4. Any claim. which arises out of the transaction vesting in the
insured the estate or interest insured by this policy. by reason of the
operation of federal bankruptcy. state insolvency. or similar creditors'
rights laws. that is based on:
(al the transaction creating the estate or interest insured by this
policy being deemed a fraudulent conveyance or fraudulent transfer. or
Ibl the transaction creating the estate or interest insured by this
policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
Ii) to timely record the instrument of transfer; or
(iil of such recordation to impart notice to a purchaser for
value or a judgment of lien creditor.
CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used iO this policy mean:
la) "insured": the insured named in Schedule A, and, subject to
any rights or defenses the Company would have had against the
named insured. those who succeed to the interest of the named
insured by operation of law as distinguished from purchase including,
but not limited to. heirs. distributees. devisees. survivors. personal
representatives. next of kin. or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
Ic) "knowledge" or "known": actual knowledge. not
constructive knowledge or notice which may be imputed to an insured
by reason of the public IT \ as defined in this policy or~py~~.ltem No SA
records which impart cons',uctive notice of matters affecting"lhe' Ian. '1 11 2'006
(dl "land": the land described or referred to in Schedule A. n .
improvements affixed thereto which by law constitute real property. e 43 of 112
The term "land" does not include any property beyond the lines of
the area described or referred to in Schedule A, nor any
right. title. interest estate or easement in abutting streets, roads.
avenues. alleys. lanes. ways or waterways. but nothing herein shall
modify or limit the extent to which a right of access to and from the
land is insured by this policy.
lei "mortgage": mortgage. deed of trust, trust deed. or other
security instrument.
If) "public records": records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchaserli for value and without
knowledge. With respect to Section 1laXiv) of the Exclusions from
Coverage. "public records" shall also include environmental protection
liens filed in the records of the clerk of the United States District
Court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter
affecting the title to the land. not excluded or excepted from
coverage. which would entitle a purchaser of the estate or interest
described in Schedule A to be released from the obligation to
purchase by virt~e of a contractual condition requiring the delivery of
marketable title.
2. Continuation of Insurance After Conveyance of Title.
The coverage of this policy shall continue in force as of Date of
Policy in favor of an insured only so long as the insured retains an
estate or interest in the land. or holds an indebtedness secured by a I
purchase money mortgage given by a purchaser from the insured. or !
only so long as the insured shall have liability by reason of covenants\
of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in favor of !
any purchaser from the insured of either Ii) an estate or interest in i
the land. or liil an indebtedness secured by a purchase money ,
mortgage given to the insured.
3. Notice of Claim to be Given by Insured Claimant.
The insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 4(a) below, liil in case
knowledge shall come to an insured hereunder of any claim of title
interest which is adverse to the title to the estate or interest. as
insured. and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest. as insured. is rejected as unmarketable. If prompt
notice shall not be given to the Company. then as to the insured all
liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, however. that
failure to notify the Company shall in no case prejudice the rights of
any insured under this policy unless the Company shall be prejudiced
by the failure and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured Cleimant to
Cooperate. I
lal Upon written request by the insured and subject to the :
options contained in Section 6 of these Conditions and Stipulations.
the Company. at its own cost and without unreasonable delay. silall
provide for the defense of an insured in litigation in which any third
party asserts a claim adverse to the title or interest as inSlJred. but
only as to those stated causes of action alleging a defect. lien or
encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice Isubject
to the right of the insured to object for reasonable cause) to
represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of Jther counsel. The
Company will not pay any lees, costs or expenses incurred by the
insured in the defense of those causes of action which allege matters
not insured against by this policy.
(b) The Company shall have the right. at its own cost. to
institute and prosecute any action or proceeding or to do any other
act which in its opinion may be necessary or desirable to establish
the title to the estate or interest. as insured, or to prevent or reduce
loss or damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not it
shall be liable hereunder, and shall not thereby concede liability or
waive any provision 01 this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of
this policy, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right. in its sole discretion, to appeal from any adverse
judgment or order.
(dl In all cases where this policy permits or requires the
Company to prosecute or provide for the delense of any action or
proceeding, the insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the
name of the insured lor this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the
Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or
p'llceeding, or effecting settlement, and (ii) in any other lawful act
which in the opinion of the Company may be necessary or desirable
to establish the title to the estate or interest as Insured. If the
Company is prejudiced by the failure of the insured to furnish the
required cooperation, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation. with regard to the
matter or matters requiring such cooperation.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of
these Conditions and Stipulations have been provided the Company, a
proof of loss or damage signed and sworn to by the insured claimant
shall be furnished to the Company within 90 days after the insured
claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of the loss
or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to
submit to examination under oath by any authorized representative of
the Company and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably pertain to the
loss or damage. Further, if requested by any authorized representative
of the Company, the insured claimant shall grant its permission, in
writing, for any authorized representative of the Company to examine,
inspect and copy all records, books, ledgers, checks, correspondence
. . A~~nda Item No. 8A
and memoranda In the cu...~y or control 01 a third party,wl;. _A ril 11, 2006
reasonably pertain to the loss or damage. AlllOformatlon deslgnatl3'a, 44 f 112
as confidential by the insured claimant provided to the Company a e 0
pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit
for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary
information from third parties as required In this paragraph shall
terminate any liability of the Company under this policy as to that
claim.
6. Options to Payor Otherwise Settle Claims: Termination of
Liabiltty.
In case of a claim under this policy, the Company shall have the
following additional options:
la) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount 01 insurance under this
policy together with any costs, attorneys' fees and expenses incurred
by the insured claimant, which were authorized by the Company, up to
the time of payment or tender 01 payment and which the Company is
obi igated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation
to delend, prosecute, or continue any litigation, and the policy shall
be surrendered to the Company for cancellation.
Ibl To Payor Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant
(il to payor otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under this I
policy, together with any costs, attorneys' fees and expenses incurred
by the Insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant
the loss or damage provided for under this policy, together with any
costs, attorneys' lees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in paragraphs (bl(i) or (iil. the Company's obligations to
the insured under this policy for the claimed loss or damage, other
than the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. Determination, Extent of Liabiltty.
This policy is a contract of indemnity against actual monetary
loss or damage sustained or incurred by the insured claimant who
has suffered loss or damage by reason of matters insured against by
this policy and only to the extent herein described.
(al The liability of the Company under this policy shall not
exceed the least of:
Iii the Amount of Insurance stated in Schedule A, or,
Iii! the difference between the value of the insured estate
or interest as insured and the value of the insured estate Or interest
subject to the defect, lien or encumbrance insured against by this
policy.
Ib) The company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of the Conditions and
Stipulations. .
8. Apportionment.
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is established
affecting one or more of the parcels but not all, the loss shall be
COlTlIluted and settled on a pro rata basis the amount of
insurance under this policy was divided pro rata as to the value on
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached
to this policy.
9. Limitation of Liability.
(al If the Company establishes the title, or removes the alleged
defect. lien or encumbrance, or cures the lael: of a right of access to
or from the land, or cures the claim of unmarketability of title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom. it shall have
fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(bl In the event of any litigation, including litigation by the
Company or with the Company's consent. the Company shall have no
liability for loss or damage until there has been a final determination
by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title as insured.
(cl The Company shall not be liable for loss or damage to any
. insured for liability voluntarily assumed by the insured in settling any
claim or suit without the prior written consent of the Company.
10. Reduction of Insurance; Reduction or Termination of Liability
All payments under this policy, except payments made for costs,
attomeys' fees and expenses, shall reduce the amount of the
insurance pro tanto.
11. Liability Non-cumulative.
It is expressly understood that the amount of insurance under
this policy shall be reduced by any amount the Company may pay
under any pOlicy insuring a mortgage to which elU:eption is taken in
Schedule B or to which the insured has agreed, assumed, or taken
subject, or which is hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. Payment of Loss.
tal No payment shall be made without producing this policy
for endorsement of the payment unless the policy has been lost or
destroyed, in which case proof of loss or destruction shall be
furnished to the satisfaction of the Company.
(bl When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations,
the loss or damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement
(al The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim
under this policy, all right of subrogation shall vest in the Company
unaffected by any act of the Insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have had
against any person or property in respect to the claim had this policy
not been issued. If requested by the Company, the insured claimant
shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation. The insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured claimant and to use
the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on ae. .Jnt of a claim does not fully ~yft\~
of the insured claimant, the Company shall be subrogated to
rights and remedies in the proportion which the Company's pa
bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as
stated above, that act shall not void this policy, but the Company, i
that event, shall be required to pay only that part of any losses
insured against by the policy which shall exceed the amount, if an
lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Comoanv's Ri!1hts Aaainst Non-Insured Obli!1ors.
The Compar,{s right of subrogation against non-insured obligors
shall exist and shall include, without limitation, the rights of the insu
to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any tenns or conditions contained in those instrumen
which provide for subrogation rights by reason of this policy.
14. Arbitration.
Unless prohibited by Ipplic8ble 1_. 1KbiIndi0n plIl'1l11nt
IIIe Title Insurence Arbitretion Rules of .... AnHIrican Arbi1nIlio
Associetiol ..ey be dem8lldltl1f egnI8d 10 by bolh.... Compl
lIIId the i-.d. MilrebIe IIIIIIl8rS ..ey incl. btIt ... nlll
limilBd 10. loy cDIItI'IMIrSY or cllim bItweeII the eo.pany end
.... insured lrising out of Dr NIeting 10 dIis policy, IllY senricl of
the ComPIIIY in connectioo wilh its i_I nee or the breech of
. policy provision Dr other obligation. AJbitretion pul'SllMl 10 IIIi
policy lid under .... Rules in effect on the dlIIe the d8llllllld
IrbitntioR is IIIIIlIe or. It.... option of the insured. 11I1 Rules i
effect II Dete of Policy shill be billding upon IIIe parties. The i
IWlInI may include IItlomep' fees OIly If the IBWS of the ll81lIin
which the Ilnd is 10Cl18d permit I courl 10 IWlIrd ettomep'
to I pl'llYlliling pBrly, JldlJllllKllupon the IWlInI ..ndered by
AJbitretorts) mey be enlll..d in IllY courl having jurisdiction
III...of.
The IIW of the situs of the land shall .pply. to In
Irbitralion under the Title Insurance Arbitralion Rules.
A copy of the Rules mlY be obtained fnlm the Compl~
upon raquest.
15 Liabilifty Limited to this Policy; Policy Entire Contract
(a) This policy together with all endorsements, if any, atta ed
hereto by the Company is the entire policy and contract between t e
insured and the Company. In interpreting any provision of this poli
this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest covered hereby or by any action asserting such
claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be m
except by a writing endorsed hereon or attached hereto signed by ei
the President. a Vice President, the Secretary, an Assistant Secretary,
validating officer or authorized signatory of the Company.
16 Severability
In the event any provision of the policy is held invalid or
unenforceable under applicable law, the policy shall be deemed n
include that provision and all other provisions shall remain in full
force and effect.
17. Notices, Where Sent
All notices required to be given the Company and any state me in
writing required to be fumisrnld the Company shall include the nu of
this policy and shall be addressed to the Company at its home off ce,
400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371- 111.
l
04/15/2005 15:18 FAX 239 344 1200 Henderson Franklin
'***********"***"****"'*
*** ERROR TX REPORT ***
'***'******'**'***'**"'*"
III 001
Agenda Iten No. 8A
A xii 1, 2006
Pa e 4p of 112
,
TX FUNCTION WAS NOT COMPLETED
TX/RX NO
CONNECTION TEL
CONNECTI ON IV
ST. TIME
USAGE T
PGS. SENT
RESULT
0722
203#14277#45#4#2259244#
04/15 15:14
04'10
6
NG
o Henderson I ~~~Ds ';r' tl'J
171 S MOMlR Slreet
Past DIIice Box 280
,"Olt Myers, FI. 331102.0280
Tet. 239.3.&4.1100 . Fax: 239.344.1200 . WWW.IltIllOW.llOm
Bonita SIll1/lgS . Sanlbel
FACSIMILE COVER PAGE
TIME SENT:
DATE SENT: April 15,2005
Stamp Here after Sent:
Recipient(s)
Client/Matter No.
From
No. of Pages, incJ. Cover
~
Meri Byers
14277/45
Bobbe A. Brown
g
FAX#:
225-9244
PHONE#:
225-0031
Original of the transmitted document will be sent by:
First Class Mall
Overnight Mall
Hand Delivery
X This transmission is the only fonn of delivery of this document
Comments:
Please see the attached deeds as you requested.
The informlrtion in this facsimile transmission is Intended only for lhti pa/lilonal and confidential use of thlil designated
recipients named above. This message may be an attomay-c/iant communication and as such iG prMleged. If the
reader or this message Is not the inlended rgcipfent named above, you ate notified thel you have received this
document in error, and any review, dissemin81ion. distribution or copyinO or lhls messagti is strictly prohibited. If you
have reoeived this dooument in error, please notify this office Immediately vie telephonl;l, and retum the original
massage to the address by mall. Thank you.
SENDER:
If lhis Is sensltJve or confidential information and you would Oke us to verify the number or confirm if
the infannallon was received, pleasll check hera and include the telephone number.
Yes
Telephone Number to Call:_
" Henderson \ ~~~~}~} ~rJ
Aoendat'ltem No, 8A
1715 Monroe Slreet A 'Ii
Post Office Box 280 n 1, 2006
Fort Myers, FL 33902.0280 Pa e 47 of 112
Tel239.3441100' Fax 239.3441200' www.henlawcom
Bonita Spn ngs . Sambel
FACSIMILE COVER PAGE
TIME SENT:
DATE SENT: April 15, 2005
Stamp Here after Sent:
Recipient(s)
Client/Matter No.
From
No. of Pages, incl. Cover
NAME
Meri Byers
14277/45
Bobbe A. Brown
g
FAX#
225-9244
PHONE #
225-0031
Original of the transmitted document will be sent by:
First Class Mail
Overnight Mail
Hand Delivery
X This transmission is the only form of delivery of this document
Comments:
Please see the attached deeds as you requested.
The information in this facsimile transmission is intended only for the personal and confidential use of the designated
recipients named above. This message may be an attomey-client communication and as such is privileged. If the
reader of this message is not the intended recipient named above, you are notified that you have received this
document in error, and any review, dissemination, distribution Of copying 01 this message is strictly prohibited. If you
have received this document in error, please notify this office immediately via telephone, and retum the original
message to the address by mail. Thank you.
SENDER:
If this is sensitive or confidential information and you would like us to verify the number or confirm if
the information was received, please check here and include the telephone number.
Yes
Telephone Number to Call:_
If all pages are not received or there is a problem with this transmission, please call 239.344-1267 and ask for
Bobbe Brown.
Henderson, Franklin, Starnes & Holt, P.A.
f cp.
~'\S.. ~ \
\0500
L3
PrqJar"(/ by and reFilm tlI: letD:
THOMAS H. GUNDERSON DID.UOI .WlLII ., lL
Attomey at Law 1715 101IO. S!
HENDERSON, FRANKLIN, STARNES & HOLT, P.A. (Fort Myers) " mu 'L mOl 3072
1715 MoDrOe St. P. O. Box 280
Fort Myers, FL 33902
33' .193 OR: 3556 P~g Item No. 8A
UCOIDID 111 omcw. IICODS of COLLDI conm til 11, 2006
05/05/2004 at 01:38PM DlIGII! I, BM, CLlQ=la e 48 of 112
COl. 150000 . DO
DC m 1 .00
DOC",70 1050 .00
File Number: THG COLON SMELA
Will Call No.: 12
rspace Above This Line For RecordiIl8 Dota]
Warranty Deed
This Warranty Deed made this 3rd day of May. 2004 between RJS, L.Lc., a Florida limited UablDty COIIIpIIDy
whose post office address is 2000 Royal Marco Way, Man:o IsIaDd, FL 34145. grantor. and COLONIAL HOMlrS, IN
a Florida corporal1on whose post office address is ZOOO Interstate Park Dr., Suite 400, AUIl: Alan S. Farrior
PresIdent, Montgomery, AL 36109, grantee:
(Whenever used heroin !be lenDS 'JlI8IItIJr" and 'JlI8IIlee' inclnde aU Ihe parties 10 this ins_I and the bcirs, legal ropresaIlatives, 8Dd usigns
individnals, ancl!be succesoors and assil\llS of OOlp<lI'8lions, IrUSbI ancllrDl.....)
Witnesseth. lhat said grantor. for and in consideration rYi the sum of TEN AND NO/l00 DOLLARS ($10.00) and oth
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged
has granted, bargained, and sold to the said grantee. and grantee's heirs and assigns forever, the following described I
situate. lying and being in Collier County, Florida to-wit:
See Exhibit "A" attached hereto.
Pan:eI Identiftcation Number: 00775120008, 007'75040007, 007749Z000S and 00775080009
Subject to taxes for ZOO4 and snbsequent years; coveDBDts, conditions, restric:Uons, easements,
reservations and Iimital10ns of record, if any.
Together with all the tenements, hecedilaments 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; lhat th
grantor has good right and lawful authority to sell and convey said land; lhat the grantor hereby fully WlII1'8DfB the title to sai
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of
encumbrances. except taxes accruing subsequent to December 31, 2003.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoUbleTIme.
I
OR: 3556 PG: li2Gda Item No. SA
A ril 11, 2006
Pa e 49 of 112
Signed. sealed and delivered in our presence:
&~ ( ...-{ --.. -
Witness Name: 'DPLI.D <. &6..hJvt;M"
"2..-- ~ ---
Witness Name: t,.....vIJ w. <:.~
By:
(Corporate Seal)
State of Florida
County of /' IJvVl',^- '
The foregoing inslrU1JlCllt was acknowledged before me 1his .1..::- day of ~A/) . 2004. by RAYMOND 1
SMELA, Manager of RJS. L.L.C.. a Florida limited liability company. on behalf of the corporation. He ~ is personall
known to me or U has produced as identification.
"2-- ~/1......_ - I
[Notary Seal] Notary Public [
Printed Name: .
I
m LOUISW.CIlEff'f
. ~ MY C()MloIISSlON I DO 073145
, . , EXl'IIIES: febnIIlY 9, 2006
.. 1lcRlOd-----
My Commission Expires:
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3?'J94 OR: 3556 P,GjerW em No. 8A
DCOIDID in OmCUL DCOIDS of COLLIIl C01IIft . 11, 2006
as/Ds/2DOI.at 01:3IP1 DlIGII'r I, 810C1, CLllla e 51 of 112
COIS 100000 .00
DC PO .50
DOC-,lO 100 .00
L3
Prq)ared ily and TetlIm to:
THOMAS H. GUNDERSON
Attorney at Law
HENDERSON, FRANKLIN, STARNES & HOLT, P.A. (Fort Myers)
1715 Momoe St. P. O. Box Z80
Fort Myers, FL 33902
File Number: THG COLON SMELA
Will Call No.: 12
letD:
DIDIRSOI PUJlLIIlI'! At
1715 IOIROI rr
rr mu FL mOl 3072
[Space Above 'Ibis llDe Far RecanIiDg Dalal
Warranty Deed
This Warranty Deed made this 3nl day of May, 2004 between CHAMPION LAKFS DEVm..OPMENT, LLC.
Florida limited UabUity colllpllllY, whose post office address is 2000 Roylll Marco Way, Marco IsIaud. FL 341
grantor, and COLONIAL HOMFS, 1Ne., a Florida corporation whose post office address is 2000 IDtent8te Park Dr
Suite 400, AttD: Alan S. Farrior, President, Montgomell'y, AL 36109, grantee:
(WbeDever used baein the _ "grmtor" aDd "grantee" iDclude all !be parties to Ibis iDslnIment and !be bein. IepI represeo>IllIives, aDd assips
iDdlvidaals, aDd the successors aDd assiJPlS or coqxnliOllS. trasts IDeI tmStCeS)
Witnesseth, that said grantor. for and in consideration of the sum of TEN AND NO/UK) DOUARS ($10.00) and oth
good and valuable considerations to said grantor in band paid by said grantee. the receipt whereof is herebyacknowledg
has granted. bargained. and sold to the said grantee. and grantee's heirs and assigns forever, thC followiDg described
situate, lying and being in CoOler County. Florida to-wit:
See EIbibit "A" attached hereto.
Pareel Identification Numbers: 00742960107, 00736l180109, 00736880206, 00741560003 and
00741720005
Subject to taxes for 2004 and subsequent years; coveDlUlts, coaditioDS, rest:ricticms, easements,
reservatioDS and IimitatioDS of record, If any.
SUBJECT TO a PorcIIase Money FIrst Mortpge, given by Grantee to Gl'IUltor, sec:ariDg the-erlgiDal
prlncipal sum of$I,OOO,OOO.OO.
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
grantor has good right and lawful authority to sell and convey said Imd; that the grantor hereby fully warrants the title to
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of
encwnbrances. except taxes accruing subsequent to December 31, 2003.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
~
I
I
I
OR: 3556 PG: ~a I~em No. 8A
A 'ril 11, 2006
Pag 52 of 112
Signed. sealed and delivered in our presence:
w&(1A!f~(.JIfU
.2-~
WilneSs Name: , _ ~,J "". C 'K.1V7
~..-
limited liability C
By: ~~
oN!> Manager (,
(Corporate Seal)
JJIt... LOUI8W.Cl&fY
r."'!!.\ MY Cl:lI.WI88ION' DO 073145
EXl'lRES: FtbnlIry 9, l!OO8
---,.--
My Commission Expires:
WIUTlIIlIy Deed - Page 2
DouIHnm
I
i
3556 PG: ~af"tem No. 8A
A ril 11, 2006
Pa e 53 of 112
, '
OR:
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN TIlE SOUlHWEST 1/4 OF SECTION 11 AND THE
NORlHWEST 114 OF SECTION 14, TOWNSHIP 51 SOUIll, RANGE 26 EAST, COLLIER
COUN1Y, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS:
BEGIN AT TIlE SOU1lIWEST CORNER OF SECTION 11, TOWNSHIP 51 SOUIll, RANGE
26 EAST, COLLIER COUN1Y, FLORIDA; 1HENCE RUN NORm 01058'30" EAST, ALONG
THE WEST LINE OF THE SOUIHWEST 1/4 OF SAID SECTION 11, FORA DISTANCE OF
977.17 FEET; THENCE RUN SOUm: 88014'03" EAST FORA DISTANCE OF 44{).00 FEEf;
THENCE RUN soum 01058'30" WEST FOR A DISTANCE OF 101.13 FEET; lHENCE
RUN NORm 88005'15" WEST FORA DISTANCE OF 40.00 FEEf; lHENCE RUN soum
01058'30" WEST FOR A DISTANCE OF 108.24 FEEf; 'IHENCE RUN SOUIH 88005'U"
EAST FOR A DISTANCE OF 327.16 FEEf TO A POINT ON A CIRCULAR CURVE,
CONCAVE SOUI'HBAST, WHOSE RADIUS POINT BEARS soum 88017'11" BAST, A
DISTANCE OF 140.00 FEEl' nIEREFROM; 'IHENCE RUN NORTIiEASTERLY, ALONG
TIlE ARC OF SAID CURVE TO TIlE RIGlIT, HAVING A RADIUS OF 140.00 FEET,
TIlROUGH; A CENTRAL ANGLE OF 90"02'49", SUBTENDED BY A CHORD OF 198.07
FEET AT A BEARING OF NORm 46044'14" EAST,FORADISTANCEOF220.Q3 FEEfTO
TIlE END OF SAID CURVE; THENCE RUN SOUm: 88014'22" EAST FOR A DISTANCE
OF 510.14 FEET TO A POINT ON TIlE EAST LINE OF nIB SOUIHWEST 1/4 OF TIlE
SOUIHWEST 1/4 OF SAID SECTION 11; lHENCE RUN SOUIll 01042'49" WEST, ALONG
TIlE EAST LINE OF THE SOUIHWEST 114 OF nIB SOUIHWEST 114 OF SAID SECTION
11, FORA DISTANCE OF 910.75 FEET TO A POINT ONlHE SOUTH LINE OF nfE
SOUIHWEST 1I4 OF SAID SECTION 11; tHENCE RUN smTIH 88005'18" EAST, ALONG
THE SOUIH LINE OF THE SOUIHWEST 114 OF SAID SECTION II, FOR A DISTANCE
OF 690.46 FEET TO A POINT ON TIlE EAST LINE OF TIlE WEST 1/2 OF lHE
NORlHEAST 1/4 OF THE NORlHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUm.,
RANGE 26 EAST, COLLIER COUN1Y, :fl.QRlDA; 'IHENCE RUN soum 00001'41"
WEST, ALONG 1HE EAST LINE OF nm WEST 1/2 OF 1HE NORlHEAST 114 OF 1HE
NORTIlWEST 1/4 OF SAID SECTION 14, FORA DISTANCE OF 1.389.59 FEET TO A
POINT ON TIlE SOUlH LINE OF 1HE NORm 1/2 OF 1HE NORlHWEST 1/4 OF SAID
SECTION 14; 'IHENCE RUN NORm 88"'20'44" WEST, ALONG 1HE SOUIH LINE OF TIIE-
NORm 1/2 OF TIlE NORTIlWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF .
2,077.67 FEET TO TIlE SOUIHWEST CORNER OF THE NORm 1/2 OF TIlE
NORTIlWEST 1/4 OF SAID SECTION 14; tHENCE RUN NORm 000IT50" EAST, ALONG
TIlE WEST LINE OF THE NORlHWEST 1/4 OF SAID SECTION 14, FORA DISTANCE OF
1,398.73 FEET TO 1lIE POINT OF BEGINNING; CONTAINING 94.732 ACRES. MORE OR
LESS.
lof2
..t OR: 3556 PG: ~a ~~m No. 8A
. A ri111,2006
Pa e 54 of 112
AND
KRESSE PARCEL
mAT PORTION OF THE NORm 1/2 OF tHE NORTII1/2 OF SBCTION 15,
TOWNSHlP 51 sours, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING
EASTERLY OF STATE ROAD 951 (ISLE OF CAPRI ROAD), lESS AND EXCEPT
THE SOUlHERLY 1,100.00 FEET THEREOF AND LESS AND EXCEPT nm
NORTHERLY 220.00 FEET THEREOF; CONTAINING 6.826 ACRES, MORE OR
LESS.
AND
EASEMENT PARCEL
TOGETHER with those certain non-exclllSive right-of-way easements for ingress and
egress as more particularly described by Deeds recorded in Official Records Book 189,
page 327; Official Records Book 234, Pille 869 and Official Records Book 234, page
383, Lee County, Florida.
2of2
Agenda Item No. SA
April 11, 2006
Page 55 of 112
ORDINANCE 2006 -_ "
AN ORDINANCE OF THE nOARD OF COUNTY
COMMISSIO!\'ERS OF COLLIER COUNTY, FLORIDA,
K~'f AnLISHING COPPER COVE COl\1MUNITY
DEVELOPMENT DL.l;jTRICT; DESCRUHNG TIlE
EXTERNAL BOUNDARIES OF THE DI..'iTRICT; NAMlNG
THE INITIAL MEMBERS OF TIlE DISTRICT'S nOARD
OF SUPERVISORS; NAMING THE mSTRICT;
PROVIDING STATllTORY PROVISIONS GOVERNING
THE mSTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY: PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORTnNANCl-:'S; AND PIWVIDING
AN EFFECTIVE DATE.
Recitals
WHEREAS. Colonial Homes. Inc.. has petitioned the Board of County Commissioners
(Board) of Collier County. Florida, a poEtical subdivision of the State of Florida, to establish the
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT (District); and
WHEREAS. the Board, after proper published notice, has conducted a public hearing on
the petition and determined the fonowing with respect to the factors to be considered in Section
190.005(1 )(e) Florida Statutes, as required by Section 190.005(2)(c). Florida Statutes:
I. All statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable element or
portion of the local comprehensive plan of Collier County. known as the Collier County
Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size. is sufficiently compact,
and is sufficiently contiguous to be developable as one functional interrelated
community.
4. The District is the best alternative available for delivering community development
services and facilities to the area that Vi'ill be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
WHEREAS. Petitioner has committed to the Board that the Petitioner. its successors and
assigns. shall (I) elect one resident of the District to the five member Board of Supervisors at
such time as residents begin occupying homes in the District, and (2) record a Notice of
Assessments containing the specific terms and conditions of any special assessments imposed to
secure bonds issued by the District, which notice shall be recorded immediately after any such
bond issuance (these commitments shall hereinafter be collectively refelTed to as "Petitioner's
Commitments"); and
WHEREAS. it is the policy of this State. as provided for in Section 190.oo2(2)(c).
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules. regulations, and
policies governing planning and permitting of the development to be serviced by the district. to
Page I of 4
Agenda Item No. 8A
April 11, 2006
Page 56 of 112
ensure that neither the establishment nor operation of such district is. a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no aCtion
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government; and
WHEREAS, pursuant to Section 190.012. Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT.
The Copper Cove Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEl\IBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Anthony Persichilli
12631 West Links Drive. Ste. 7
Ft. Myers, Florida 33913
3.
Jean M. Webb
12631 West Links Drive, Ste. 7
Ft. Myers, Florida 33913
2.
Edwin F. Weidig III
12631 West Links Drive, Ste. 7
Ft. Myers, Florida 33913
4.
Kristine A. Turznik
12631 West Links Drive, Ste. 7
Ft. Myers, Florida 33913
5. Anthony J. Burdett
12631 West Links Drive, Ste. 7
Ft. Myers, Florida 33913
Page 2 of 4
Agenda Item No. SA
April 11, 2006
Page 57 of 112
SECTION FOUR: DISTRICT NAME
The community development district herein established shaH henceforth be known as the
"Copper Cove Community Development District."
SECTION FIVE: STA TUTORY PROVISIONS GOVERNING THE DISTRICT
The Copper Cove Community Development District shall be governed by the provisions
of Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Copper Cove Community Development
District will be duly and legally authorized to exist and exercise all of its general powers as
limited by law; and has the right to seek consent from the Collier County Board of County
Commissioners for the grant of authority to exercise special powers in accordance with Section
190.012(2), Florida Statutes, without question as to the district's continued right, authority and
power to exercise its general powers as established by this Ordinance. The District Board's
authority to exercise special powers may include the power to plan, establish, acquire, construct
or reconstruct. enlarge or extend, equip, operate, and maintain additional systems and facilities
for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses;
and (ii) security, including, but not limited to, guardhouses. fences and gates. electronic
intrusion-detection systems. and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the appropriate
local general-purpose government agencies for an increased level of such services within the
District boundaries: all as authorized and described by Section 190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing Recital setting forth Petitioner's Commitments, re-stated as follows: that the
Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District. which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner. its successors and assigns.
SECTION EIGHT: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
Page 3 of 4
Agenda Item No. 8A
April 11, 2006
Page 58 of 112
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TEN:
EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of ,2006.
ATTEST:
DWIGIIT E. BROCK., CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COlJNTY, FLORIDA
By:
-
, Deputy Clerk
By:
Frank Halas, Chairman
Page 4 of 4
Agenda Item No. 8A
April 11, 2006
Page 59 of 112
ATTACHMENT 2
ST AFF ANALYSIS RELATIVE
TO THE SIX (6) FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION
FOR COPPER COVE CDD
Back!!round:
Section 190.005, Florida Statutes, outlines the specific content required in a Community
Development District (COD) petition and further outlines six factors for the Board of County
Commissioners to consider in determining whether to grant or deny a petition for the
establishment of a COD, as follows:
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
Comprehensive Planning staff has reviewed the six factors referenced above and makes the
following findings with regard to the proposed Copper Cove Community Development District:
1. Whether all statements contained within the petition have been found to be true and
co rrect.
Comprehensive Planning Department staff, along with the staffs of the County Attorney's Office,
the Utilities Engineering Department and the Transportation Planning Department, has reviewed
the referenced Community Development District petition. Based upon the review of the petition
and sufficiency information, staff believes that the information found within these documents is
substantially true and correct.
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
Agenda Item No. 8A
April 11. 2006
Page 60 of 112
The Copper Cove Preserve P.U.D. is not approved for Development of Regional Impact (DRI),
however, as part of the approval process, the development was found to be consistent with the
Growth Management Plan in effect at that time. The entire P.U.D. is designated Urban - Mixed
Use District, Urban Coastal Fringe Subdistrict on the Collier County Future Land Use Map.
The proposed CDD would be a unit of local government established specifically for the purpose
of carrying out the approved Master Development Plan and commitments of the Copper Cove
Development. The COD does not authorize any form or amount of development not previously
approved by the Board of County Commissioners. Therefore, staff finds that the establishment
of the CDD is consistent with the Collier County Growth Management Plan.
As to consistency with the State Comprehensive Plan, the County staff notes that the CDD
process is established within Section 190 of the Florida Statutes. The petitioner has not deviated
from the standard process, as established by the Statute. Section 187.201, Florida Statutes,
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for
Governmental Efficiency, which reads as follows:
" Goal. --Florida governments shall economically and efficiently provide the amount and
quality of services required by the public."
Policy 2 within this goal area reads as follows:
"2. Allow the creation of independent special taxing districts which have uniform
general law standards and procedures and do not overburden other governments and their
taxpayers while preventing the proliferation of independent special taxing districts which do not
meet these standards."
As an "independent special taxing district", the proposed COD IS consistent with the State
Comprehensive Plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
The proposed Copper Cove Community Development District, if approved, would be within the
size range of several other CDDs within Collier County. For instance, the Pine Air Lakes CDD
is comprised of 149.9 acres and the Key Marco/Horr's Island COD is comprised of
approximately 174 acres. Based upon previous experience and the subsequent success of other
Collier County COOs, Comprehensive Planning Department staff believes that the Copper Cove
Community Development District meets the above criteria.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
As noted within Exhibit 7 of the CDD petition, there are numerous alternatives available for the
provision of infrastructure and services by and for an approved development. These include, but
are not limited to the following: private funding procured by the developer; establishment of a
2
Agenda Item No. SA
April 11. 2006
Page61of112
homeowners association; establishment of a Municipal Services Taxing Unit (MSTU);
establishment of a Municipal Services Benefit Unit (MSBU); establishment of a Community
Improvement District (limited to drainage and irrigation related improvements); establishment of
a County-managed special purpose district; or direct County management. All of these
alternative options have various legal, financial or other limitations on their operations or do not
provide a focused, compact approach to the provision of infrastructure and services. Therefore,
staff finds that establishment of the proposed CDD is the best alternative available for delivering
community development services and facilities to the area that will be served by the proposed
district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
The proposed COD cannot develop any facilities and services that are incompatible with the
surrounding area. This is because the COD's sole purpose is to implement conditions and
developer commitments that were part of the original P.U.D. approval. The District Board of
Supervisors will not have the legal authority to implement any facilities, services or development
that would be inconsistent with its existing development approvals.
6. Whether the area that will be served by the district is amenable to separate special-
district government.
Based upon staff findings concerning the previous five criteria, Comprehensive Planning
Department staff finds that the subject area for the proposed COD is amenable to special district
government. Furthermore, staff recommends that the Board of County Commissioners adopt the
Ordinance, as contained in Attachment I, establishing the Copper Cove Community
Development District.
3
Agenda Item No. 8A
April 11, 2006
Page 62 of 112
~.-
Submitted by:
Colonial Homes, Inc.
Agenda Item No. 8A
April 11, 2006
Page 63 of 112
PETITION FOR THE ESTABLISHMENT BY COllIER
COUNTY ORDINANCE OF A COMMUNITY
DEVELOPMENT DISTRICT ON PROPERTY PROPOSED
IN THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS
letter of Transmittal
Petition for Establishment of the Copper Cove Community
Development District
Exhibit Number Description of Exhibit
1. Map showing the location of the land area proposed to be
serviced by the District.
2. Metes and Bounds legal Description of the Proposed Copper Cove
Community Development District.
3. Written Consent to the Establishment of the District by the owners
of one hundred percent (100%) of the real property to be
included in the proposed.
4. Proposed timetable and the estimated related costs of
construction and provision of District systems, facilities and
services.
5. Map of the land area proposed for the District, showing current
major trunk water mains, sewer interceptors, utilities and outfalls.
6. A. Copy of the Urban Mixed Use Residential designation as set
forth in the text of the future land use element of the Collier
County Comprehensive Plan (2005 Plan). B. Future land Use
Map.
7. Statement of Estimated Regulatory Costs (SERe).
8. Discussion by qualified professionals of the six factors for the
establishment of the District on the proposed property. Two
Exhibits 8-A Planning Considerations and 8-B Engineering
Considerations.
9. ACknowledgement - Collier County Water Sewer District.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PROPOSED ORDINANCE PURSUANT TO SECTION 190.00S(2),I;LORIDA
STATUTES TO ESTABUSH ON PROPERTY PROPOSED IN THE PEl11l0N OF
__ THE CC?PPER COVE COMMUN~ DEVELOPMENT DISTRII::T
PETITION FOR THE ESTABLISHMEr~T BY
COUNTY ORDINANCE OF A COMMUNITY
DEVELOPMENT DISTRICT ON PROF:ERTY
PROPOSED IN THE PETITION
Agenda Item No. 8A
April 11, 2006
Page 64 of 112
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINANCE OF A
COMMUNITY DEVELOPMENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
Petitioner, Colonial Homes, Inc. by and through its undersigned agent, petitions the
BOARD OF COUNIY COMMISSIONERS OF COLLIER COUNTY, FL ORIDA (the
"Commission"), to adopt an ordinance; establishing, on the proposed woperty, and
recognizing, the community development district (the "District"), created end chartered
by Uniform General Law, the Uniform Community Development District Act of Florida,
Chapter 190, F.S., (2005 and hereafter); acknowledging the uniform di;trict charter
expressed in Sections 190.006 through 190.041, Florida Statutes (F.S.); establishing the
District (on the property proposed in this petition) and designating the ini:ial members
of the district Board of Supervisors; and, designating the proposed lane area within
which the District may manage and finance its basic infrastructure, systens, Facilities,
services, improvements and projects. In support whereof Petitioner submitl;;
1. Petitioner, Colonial Homes, Inc. has its principal place of business at 2000
Interstate Park Drive, Suite 400, Montgomery, Alabama 36104 and is a
Corporation and Alan S. Farrior is its President.
2. The iand area to be serviced by the District is located wholly in
unincorporated Collier County. The proposed District is bounded on the
South and East by Fiddler's Creek, on the West by Pelican Llkes RV and
Silver Lakes RV Resorts and on the North by Quail Roost Dev(,lopment. A
map showing the location of the land area to be serviced by t.le District is
attached as Exhibit l-A and a n Aerial Map is attached as Exhibit I-B.
3. A metes and bounds legal description of the proposed external boundaries of
the District is attaclled as Exhibit 2. There is no real propert'y' within the
proposed boundaries of the District which is to be excludE'd from the
jurisdiction of the District.
4. Attached as Exhibit 3 is documentation constituting written COllsent to the
establishment of the District by the owners of one hundred percent (100%)
of the real property to be included in the land area proposed to be serviced
by the District.
5. The five (5) persons designated to serve as the initial member of the Board
of Supervisors of the District, who are citizens of the United States residents
of the State of Florida and who shall serve in that office until replaced by
elected members as provided in Section 190.006, F.S., are:
a. Anthony Persichilli - 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
2
Agenda Item No. 8A
April 11, 2006
Page 65 of 112
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINAi'KE OF A
COMMUNITY DEVELOpr<1ENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
b. Edwin F. Weidig III - 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
c. Jean M. Webb - 12631 West Links Drive, Suite 7, Ft. 1'1yers, Florida
33913
d. Kristine A. Turznik - 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
e. Anthony J. Burdett - 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
6. The proposed name of the District is the "Copper COVE' Community
Development District."
7. A map of the land area proposed for the establishment by ordinance of the
state created and chartered District, showing current major trunk water
mains, sewer interceptors, utilities and outfalls, if any, is attacred as Exhibit
4.
8. The proposed timetable and the estimated related costs of con';truction and
provision of District systems, facilities and services (which are contemplated
by Petitioner to be proposed to the District Board of Superlisors, if the
District is established), and based upon available data which al-e subject to
change, is attached as Exhibit 5.
9. Collier County (the "County'') has adopted all mandatory elements of its
Local Government Comprehensive Plan (the "Plan'') in accordance with the
requirements of Chapter 163, F.S., and Collier County has completed its
revised plan for minimum criterion review pursuant to Chapter9J-5, Florida
Administrative Code, by adoption of County Ordinance No. 05-25 (the "2005
Plan''), as amended. All current County Ordinances designcte the legal
description of the land area proposed to be serviced by the Dist'ict as Urban
Mixed Use Residential. A copy of the entire Collier County Comprehensive
Plan, as amended, is within the possession of Collier County and its staff and
a copy of the Urban Mixed Use District Designation is attached a5 Exhibit 6-A
and the Future Land Use Map of the Plan is attached as Exhibit E -B.
10. A Statement of Estimated Regulatory Costs (the "SERC') of the
Commission's grant,ng this Petition, and the establishment by County
Commission Ordinar,ce on the property proposed in the petition of the state
uniform and exclusive created and chartered District pursuant thereto, in
3
Agenda Item No. SA
April 11. 2006
Page 66 of 112
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINAIKE OF A
COMMUNITY DEVELOpr~ENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
accordance and in compliance with Sections 190.005(1)(a)(B) and 120.541,
F .5., is attached as Exhibit 7.
11. Petitioner attaches, as Exhibit 8 to this Petition, discussiom by qualified
professionals providing infonnation for use by Collier County and its staff in
consideration of the six factors for the establishment of the ['istrict on the
proposed property, and in support of the Commission granting this Petition,
and as additional materials in support of the statements in this Petition,
alleges (with the sequence discussed logically with factor No.4 considered
last):
a. The Petition hereby affirms that all of the statemerts contained
herein are true and correct, in compliance wth Sections
190.005(2)(a), F.s., 190.005(1)(e)1., F.5. (See Exhibit 8,1.
b. As according to the Future Land Use element of the Plcn, the future
land use designation for the land area proposed to be included in the
District is suburban. (See Exhibit 8). The District, if e:,tablished on
the proposed property is consistent with the policies under the
suburban future land use category of the Plan, am' its speCific
policies.
c. The land area proposed to be included within the state'.created and
chartered District is comprised of approximately 101.50 contiguous
acres which are of sufficient size, sufficiently compact and contiguous
sufficiently to be developable as one functional, interreiated
community as discussed in Exhibit 8. See Section 1~iO.005(2)(a),
F.S., 190.005(1)(e),F.S..
d. The community development systems, facilities and services to be
provided by the District on the proposed property will supplement,
and will not in any way be incompatible with, existin<;) roads and
other local and regional community development syste'TIs, facilities
and services on t,e proposed property. This matter is described
further in Exhibit 8. See S 190.005(2)(a}, F.S., 190.005(:,)(e)5.,F.S..
e. The area proposed to be served by the District is i1menable to
separate special district government in the light of the ini'ormation to
be considered regarding the other factors. This matter is described
further in Exhibit 8. See Section 190.005(2)(a}, F.S., 190.005(1)(e)6,
F.S..
f. Because the information in the Petition is true and COrrE'ct; because
establishment is not inconsistent with applicable 1001 or state
comprehensive pians; because the land area is of sufficil~nt size and
4
Agenda Item No. 8A
April 11, 2006
Page 67 of 112
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINAIKE OF A
COMMUNITY DEVELopr'1ENT DISTRICT ON PROPERTY PROI'OSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
compactness, and is contiguous sufficiently, to be develi~pable as one
functional interrelated community; because the systems, facilities and
services of the District wIll not be incompatible with the capacity and
uses of existIng local and regional community development systems,
facilities and services; because the land area proposed to be served
by the District is amenable to separate special district government;
and because, if estabiished on the proposed property, following the
procedures in S 190,005(2), F.S., the District will constitute under
Section 190.002(1)(b), F.S. a mechanism for the tlm~ly, efficient,
effective, responsive and economic delivery of its sysl:l~ms, facilities
and services to the proposed property in light ofne services,
systems and facilities which would be provided otherwise as
discussed in more detail in Exhibit 8. See Section190.00S(2)(a), F.5.,
190.005(1)(e)4, F.S.
12. Petitioner hereby requests the consent of the County, as provided by Section
190.012(2), F.S., to exercise the following powers granted to it therein, and
specifically in Section 190.012(2)(a)(d), F.S. by the general law charter
including parks and facilities for indoor and outdoor recreational, cultural,
and educational uses along with Security and related facilities.
13. Petitioner acknowledges certain legal and policy points regardirig the Collier
County Water-Sewer District and related matters, as set forth in the official
ACknowledgment attached to the Petition as Exhibit 9, and Incorporated
herein.
WHEREFORE, Petitioner requests respectfully the Commission to:
a) Direct its staff to notice, as soon as practicable, a local, :lublic, non-
emergency and information-gathering ordinance hearing pur;uant to the
requirements of Section 190.005(2)(c) F.S., on the subject 0'" whether to
grant this Petition for the establishment on the proposed lanel area of the
state chartered and created Copper Cove Community Development
District and to enact the ordinance establishing the District on the
proposed property.
b) Grant this Petition and adopt the ordinance to establish the state created
and chartered District in conformity herewith; to designate ~xpressly in
the establishing ordinance the land area to be served by the District, the
name of the District and the initial members of the Board of Supervisors
of the District and to recognize expressly in the ordinance, hy statutory
citation, that the uniform and exclusive general law charter of the District
5
Agenda Item No. 8A
April 11, 2006
Page 68 of 112
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINANCE OF A
COMMUNITY DEVELOPMENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
was created by the Florida Legislature in Sections 190006 through
190.041, F.S. as provided also in Section 190.0Q4(4), F.S., <Ind confirmed
and provided further in Section 189.4031(2), F.S. Recognize the
impending Petition from the District Board of SUpervisors, if established,
for consent by the Commission to exercise certain enumE:rated speciai
powers already granted by general law to the District by its exclusive
uniform charter under Section 190.012(2), F.S., and that such potential
exercise has been reviewed and assessed to the date of tile ordinance.
Providing finally that with regard to any specific consent by the County to
the exercise by the District of any of such special granted DOwers in its
general law cha-ter, the legal existence and authority of the District, as
created by state law and as established on the proposed property by this
ordinance, shall nave been decided upon Its establishment.
1'1..-
RESPECTFULLY SUBMmED thisli day of January, 2006.
6
Agenda Item No. 8A
April 11, 2006
Page 69 of 112
35
Agenda Item No. 8A
'1
Page 70 of 112
EXHIBIT 1-A
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COPPER COVE PRESERVE
DESIGNED BY: LAL
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APPROVED: D. HYYT
JOB CODE: CCPSDP
SCAlE: N. T.S.
Q. GRADY MINOR AND ASSOCIAT~, P.A.
CIVIL ENGINEERS . LAND SURVE1DRS . PLANNERS
S800 VIA DEL lEY
COPPER COVE PRESERVE
COMMUNITY DEVELOPMENT DISTRICT
PROJECT LOCATION MAP &: DISTRICT BOUNDARY
DATE:
10/7/2005
Q. GRADY MINOR AND A.mIAn:;, P.A.
CML EllGIIIIIlIlS . WID SUIM'l'OIS . .......
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Agenda It~m No. SA
COPPER COVE PRESERVE
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Exhibit 3
",-
AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE ESTABI.ISHMENT
OF THE COPPER COVE COMMUNITY DEVELOPMENT D1STRICT
On dus ~ch1Y of January 2006, personally appellIed before me, an officer d.lly authonled to
administer oaths and take acknowledgments, who, after being duly sworn, deposes alild says:
1. Affiant )\lan S. Farrior. an individual, is the President of ,':olonial Homes,
Inc.
2. Colonial Homes, Ine. is the owner of all of the property attached to the
Petition ~o Establish thf: Copper Cove Community DeveloF'ment District as
Exhibit ].
3. Affiant. .Alan ~,. Farrior, hereby represents that he has:ulI authority to
execute all dO<,.l.lments and instruments on behalf of tlle Corporation,
including the Petition before the Board of County Co:nmissioners of
Collier County, Florida, to enact an Ordinance to estabLish the Copper
Cove Community DL'Vclopment district (the "Proposed COD").
4. TIle ploperty reprc.c;ents a portion of the real property to bt included in the
Proposed CDD.
5. Affiant, ,\lan S. Farrior on behalf of Colonial Homes, Inc. Ue owner of the
property in the capaaty described above, hereby ccnsents to the
establish.nent of the Proposed COD.
FURTHER AFFIANT SAYETH NOT.
Alan
State of Alabama
County of Montgomc:ry
. . i"!...
The foregoing tnstnlment was "cknowl~dged before me thlS ~ day of January, 2006, by Alan
S. Farrior, its President.
(
Personally known L Of Produced Identification _
T)~e of Identification P~~; 11u'
NotaryT'U~
My Comm,,,ion expires; c.{ - j/-'Df
Agenda Item No. SA
April 11, 2006
Page 74 of 112
Agenda lt~m No. 8A
EXHIBIT
4
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N.T.S.
DISTRICT
BOUNDARY
EXISTING 10"
WA TER MAIN
EXISTING 4"
SANI T ARYSEWER
FORCE MAIN
DISTRICT
BOUNDARY
COPPER COVE PRESERVE
COMMUNITY DEVELOPMENT DISTRICT
DESIGNED BY, L"l
DRAWN BY: LAL
APPROVED: D. HYV
JOB COD~ CCPSOP
SCALE: N. T.S.
Q. GRADY MINOR AND ASSOCIAT~, P.A.
CII'IL ENGINEERS . LAND SURVEYORS . PLANNERS
3800 VIA DEL REY
COPPER COVE PRESERVE
COMMUNITY DEVELOPMENT DISTRICT
INFRASTRUCTURE SERVICE LOCATION MAP
DATE:
10/7/2005
DRAWING HUWBER 3 0' 3
Exhibit 5
Proposed Timetable and Estlmated Costs of Construcion
Copper Cove Community Development District'
Construction Schedule
2006
Infrastructure ImDrovments
Roadwav Imorovments, on-site $1,020000
Roadwav Imorovments off-site $430,00(1
Landscaoe $750,00(1
Drainaoe $547 50C:
Utilities $1,816.400
Water Manaaemenl and Mitiaation $8,360,800
Infrastructure Subtotal $12924700
10% Construction Continaencv $1 292.470
15% Technichal S,ervices $2,132,576
Contruction and Technical Subtotal $3425,046
Grand Total $16,349746
Estimated costs of construction are for those Powers permitted uncler
Section 190.012(1), Flonda Statutes, as amended. No estimates are
provided for other poweres available under Section 190.012(2)(d), Florida
Statutes.
The estimated costs and proposed timetable herein do not include anticipated
capital carrying costs, including interest reserves or other applicable CDD
expenditures that may be incurred.
Pursuant to law, this information is based on available data as of the' filing of
this petition, presented in good faith, is non-binding and is subject to change,
Section 190.00591)6, F.S.
Agenda Item No. 8A
April 11,2006
Page 76 of 112
Agenda Item No. SA
April 11, 2006
Exhibit 6-A Collier County Urban Mixed Use District DesignitibH of 112
,
)
A. Urban - Mixed Use District
This District, which represents approximately 116,000 acres, is intended to accommodate a
variety of residential and non-residential land uses, including mixed-use developments such as
Planned Unit Developments. Certain industrial and commercial uses are also allowed subject
to criteria. This may be accomplished by encouraging coordinated mixed-use sites of
water-dependent and water-related land uses are permitted within the coastal region of this
District. Mixed-use sites of water-dependent and water-related uses and other recreational
uses may include water-related parks, marinas (public or private), yacht clubs, and related
accessory and recreational uses, such as boat storage, launching facilities, fueling facilities,
and restaurants. Any water-dependent and/or water-related land use shall encourage the use of
the Planned Unit Development technique and other innovative approaches to conserve
environmentally sensitive features and to assure compatibility with surrounding land uses.
(Xlf) Note: Collier County's Land Development Code allows for the construction of private
boathouses and docks as an accessory use to permitted uses in the following zoning districts:
Rural Agricultural (A), Residential Single Family (RSF 1-6), Residential Multiple Family (RMF-6,
12,16), Residential Tourist (RT), Village Residential (VR), and Mobile Home (MH). Marinas are
a permitted use in the Commercial (C-3) and Commercial (C-4) Districts. Marinas are permitted
as a conditional use in the RT District. Marinas and boat ramps are permitted as a conditional
use in the Community Facility (CF) District. Boat yards and marinas are permitted as a
conditional use in the VR District. The Collier County Manatee Protection Plan (NR-SP-93-01)
May 1995 restricts the location of marinas and may limit the number of wet slips, the
construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting
criteria.
(XI) Priorities for shoreline land use shall be given to water dependent principal uses over
water-related land uses. In addition to the criteria of compatibility with surrounding land uses
and consistency with the siting policy of the Conservation and Coastal Management Element
(Objective 10.1 and subsequent policies), the following land use criteria shall be used for
prioritizing the siting of water-dependent and water-related uses:
a. Presently developed sites;
b. Sites where water-dependent or water-related uses have been previously established;
c. Sites where shoreline iniprovements are in place;.
d. Sites where damage to viable, naturally functioning wetlands, or other environmentally
sensitive features, could be minimized.
Port of the Islands is a unique development, which is located within the Urban Designated Area,
but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of
the development was determined "vested" by the State of Florida, thus exempting it from the
requirements of Chapter 380, Florida Statutes. Further, there is an existing Development
Agreement between Port of the Islands, Inc. and the State of Florida Department of Community
Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands
is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent
that the overall residential density and commercial intensity does not exceed that permitted
under zoning at time of adoption of this Plan.
(XII) = Plan Amendment by Ordinance No. 2003-67 on December 16, 2003
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Agenda Item No. 8A
April 11, 2006
Page 79 of 112
EXHIBIT "7"
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to
establish the Copper Cove Community Development District ("District"). The
District will consist of approximately 101.5 acres of land located within Collier
County, Florida. The limitations on the scope of this SERC are explicitly set out in
Section 190.002 (2) (d), FS. (governing Disb'ict formation or alteration) as follows:
"That the process of establishing such a district pursuant to uniform general law
shall be fair and based only on factors material to managing and financing the
service delivery function of the district, so that any matter concerning permitting
or planning of the development is not material or relevant (emphasis added)."
1.2 Overview of the Copper Cove Community Development and the District
The District will comprise a proposed land area of approximately 101.5 acres
within the unincorporated Collier County, Florida. The District is designed to
provide infrastructure, services, and facilities along with certain ongoing
operations and maintenance to the Copper Cove Development (the
"Development" or "Copper Cove") comprising 295 residential units. A
Community Development District ("CDD,") is an independent unit of special
purpose local government created and chartered by Chapter 190, Florida
Statutes, to plan, finance, construct, operate and maintain community-wide
infrastructure in large, planned community developments. It may be established
on the proposed property by ordinance. CDD's provide a "solution to the state's
planning, management and financing needs for delivery of capital infrastructure
to service projected growth without overburdening other governments and their
taxpayers." Section 190.002 (1) (a) FS.
A CDD is not a substitute for the local, general purpose, government unit, i.e.,
the County in which the CDD lies. A CDD does not have the permitting, zoning
1
Agenda Item No. SA
April 11, 2006
Page 80 of 112
or police powers possessed by general purpose governments. A Community
Development District is an alternative means of financing, constructing,
operating, and maintaining community infrastructure for planned developments,
such as Copper Cove. The scope of this SERC is limited to evaluating the
consequences of approving the proposal to establish the District.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541 (2), F.s. (2001), defines the elements a statement of estimated
regulatory costs must contain:
(a) A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the types
of individuals likely to be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and
local government entities, of implementing and enforcing the proposed rule, and
any anticipated effect on state and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to
comply with the requirements of the rule. As used in this paragraph,
"transactional costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a
license, the cost of equipment required to be installed or used or procedures
required to be employed in complying with the rule, additional operating costs
incurred, and the cost of monitoring and reporting.
(d) An analysis of the impact on small businesses as defined by Section 288.703,
F.s., and an analysis of the impact on small counties and small cities as defined
by Section 120.52 F.s. Collier County, Florida (the "County") is not defined as a
small county for purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any
good faith written proposal submitted under paragraph (1) (a) and either a
statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed rule.
With regards to this Statement of Estimated Regulatory Costs, requirements
referring to the rule will be modified to refer to the County establishing the
2
Agenda Item No. 8A
April 11, 2006
Page 81 of 112
ordinance creating the District for which the law requITes the Statement of
Estimated Regulatory Costs to be prepared.
2.0 A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the
types of individuals likely to be affected by the ordinance.
Establishment of the District would provide roadways, potable water and
sanitary sewer, Water Management and Environmental Improvements. It is not
anticipated that anyone outside the Development would be affected by the
Ordinance establishing the District, although the State of Florida and the County
would be required to comply with reviewing reports as a consequence of the
Ordinance.
3.0 Good faith estimate of the cost to state and local government entities, of
implementing and enforcing the proposed rule, or in the case of Districts
under 1,000 acres, an ordinance of the general purpose government
establishing the District, and any anticipated effect on state and local
revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Rule
State Government Entities
There will be only modest costs to various State governmental entities to
implement and enforce the proposed establishment of the District. The District as
proposed is within unincorporated Collier County, Florida. The modest costs to
various State entities to implement and enforce the ordinance relate strictly to the
receipt and processing of various reports that the proposed District is required to
file with the State and its various entities. The costs to those State agencies that
will receive and process the District's reports are very small because the District
is only one of many governmental units that are required to submit the various
reports. Therefore, the marginal cost of processing one additional set of reports is
inconsequential. Additionally, pursuant to section 189.412, F.5., the District must
pay an annual fee to the State of Florida Department of Community Affairs,
which offsets such costs.
3
Agenda Item No. 8A
April 11, 2006
Page 82 of 112
Collier County, Florida
The proposed land for the District is in the Collier County, Florida and consists
of less than 1,000 acres. The County and its staff may process, analyze, conduct a
public hearing, and vote upon the petition to establish the District. These
activities will absorb some resources. The costs to review the record of the local
hearing, the transcript of the hearing, and the ordinance adopted by the local
general-purpose government will be offset by the filing fee required under
190.005 (1), F.5.
These costs to the County are modest for a number of reasons. First, according to
Chapter 190/ F.s., review of the petition to establish the District does not include
analysis of any community developments within the boundaries of the District.
Second, the petition itself provides much of the information needed for a staff
review. Third, local governments already possess the staff needed to conduct the
review without the need for new staff. Fourth, there is no capital required to
review the petition. Fifth, the potential costs are offset by the required filing fee.
Finally, general purpose local governments routinely process petitions for land
uses and zoning changes that are far more complex than is the petition to
establish a community development district.
The annual costs to the County, because of the establishment of the District, are
also very small. The District is an independent unit of local government. The
only annual costs the County faces are the minimal costs of receiving and
reviewing tlle various reports that the District is required to provide to the
County.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on State and
local revenues. The District is an independent unit of local government. It is
designed to provide community facilities and services to serve the Copper Cove
Development. It has its own sources of revenue. No State or local subsidies are
required or expected.
In this regard it is important to note that any debt obligations incurred by the
District to construct its infrastructure, or for any other reason, are not debts of the
State of Florida, the County, or any other unit of local government. In accordance
with State law, debts of the District are strictly its own responsibility.
4
Agenda Item No. 8A
April 11, 2006
Page 83 of 112
4.0 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities required to comply with the requirements of the
ordinance.
Table 1 provides an outline of the various facilities and services the District may
provide.
Table 1.
Copper Cove Community Development District Proposed
Facilities and Services
FACILITY FUNDED BY O&M OWNERSHIP
Roadway COO COO CDD
Landscape COO COD CDD
Drainage COO COO COD
Utilities COO COUNTY COUNTY
Surface 'Vater Management COO COO COO
The petitioner has estimated the design and development costs for providing the
capital facilities as outlined in Table 1. The cost estimates are shown in Table 2
below. Total design and development costs for tllese facilities are estimated to be
approximately $16,349,746. The District may levy non-ad valorem special
assessment (by a variety of names) and may issue revenue and other bonds to
fund the management of these facilities. These bonds would be repaid through
non-ad valorem special assessments (by a variety of names) levied on all
properties in the District that receive special and peculiar benefit from the
District's capital improvement program as outlined in Table 2.
Prospective future landowners in the Development may be required to pay non-
ad valorem special assessments levied by the District to provide for facilities or
operations and maintenance and secure any debt incurred through bond
issuance. In addition to the levy of non-ad valorem special assessments which
may be used for debt service, the District may also levy a non-ad valorem
assessment to fund the operations and maintenance of the District and its
facilities and services. However, locating in the District by new residents is
completely voluntary and levy of such assessments, as well as the prospect of
such assessments, are noticed and disclosed fully. So, ultimately, all owners and
users of the affected property choose to accept the non-ad valorem assessments
as a tradeoff for the services and facilities that the District will provide. In
addition, state law requires all assessments levied by the District to be disclosed
by the seller to all prospective purchasers of property within the District.
5
Agenda Item No. 8A
April 11, 2006
Page 84 of 112
A Community Development District "CDD" provides the property owners with
an alternative mechanism of providing public services; however, special
assessments and other impositions levied by the District (and collected by law)
represent the transactional costs incurred by landowners as a result of the
establishment of the District. Such transactional costs should be considered in
terms of costs likely to be incurred under alternative public and private
mechanisms of service provision, such as other independent Special Districts,
County or its Dependent Districts or county management but financing with
municipal service benefit units and municipal service taxing units which are not
Districts, or private entities, all of which can be grouped into three major
categories: public district, public other, and private.
With regards to costs of public district mechanism of public services delivery to
the developments within the proposed area, Dependent and other Independent
Special Districts can be used to manage the provision of infrastructure and
services, however, they are limited in the types of services they can provide, and
likely it would be necessary to employ more than one district to provide all
services needed by the development. Transaction costs resulting from the
employment of more than one district would likely be higher than those
resulting from a single entity such as a CDD.
Other public entities, such as municipalities and counties, also are capable of
providing services, however, their costs in connection with the new services and
infrastructure required by the new development, transaction costs/ would be
borne by all taxpayers, unduly burdening existing taxpayers and would also be
inconsistent with the State/ s policy of "growth paying for growth".
Lastly, services and improvements could be provided by private entities.
However, their interests are primarily short-term profits and there is no public
accountability. The marginal benefits of tax-exempt financing utilizing CDDs
would cause the CDD to utilize its lower transactional costs to enhance the
quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the
lands to be included within tlle District will receive three major classes of
benefits.
First, those residents in the District will receive a higher level of public services
which in most instances will be sustained over longer periods of time than would
otherwise be tlle case.
6
Agenda Item No. 8A
April 11, 2006
Page 85 of 112
Second, a CDD is a mechanism for assuring that the community services will be
completed concurrently with development of lands within the Development.
This satisfies the revised growth management legislation, and it assures that
growth pays for itself without undue burden on other consumers. Establishment
of the District will ensure that these landowners pay for the provision of
facilities, services and improvements to these lands.
Table 2. Cost Estimate for District Facilities
CATEGORY COST
Roadway Improvements (on-site)
Roadway Improvements (off-site)
Landscape
Orainage
Utilities
Water Management and Mitigation
Construction Contingencies and Technical Sevices
$1,020,000
$430,000
$750,000
$547,500
$1,816,400
$8,360,800
$3,425,046
TOTAL
$16,249,746
Third, a CDD is the sole form of local governance which is specifically
established to provide District landowners with planning, construction,
implementation and short and long-term maintenance of community
infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the Development is not the total
cost for the District to provide infrastructure services and facilities. Instead, it is
the incremental costs above, if applicable, what the landowners would have paid
to install infrastructure via an alternative financing mechanism. Given the low
cost of capital for a CDD due to tax-exempt financing, landowners within the
District can usually expect the marginal benefits of finance savings directed
toward higher quality of infrastructure than landowners in similar developments
not located within CDDs.
5.0 An analysis of the impact on small businesses as defined by Section
288.703, F.S., and an analysis of the impact on small counties and small cities
as defined by Section 120.52, F.S.
7
Agenda Item No. 8A
April 11, 2006
Page 86 of 112
There will be little impact on small businesses because of the establishment of the
District. If anything, the impact may be positive. This is because the District must
competitively bid all of its contracts and competitively negotiate all of its
contracts with consultants. This affords small businesses the opportunity to bid
on District work.
The County has an estimated population in 2000 that is greater than 75,000
according to the United States Census Bureau. Therefore the County is not
defined as a "small" county according to Section 120.52, F.s.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of
economic theory, especially as it relates to tracking the incidence of regulatory
costs and benefits. Inputs were received from the Petitioner's Engineer and other
professionals associated with the Petitioner.
Prepared by:
Craig A. Wrathell,
Wrathell, Hart, Hunt, LLC
Wednesday, January 04,2006
8
Agenda Item No. 8A
April 11, 2006
Page 87 of 112
EXIllBIT 8-A
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
Back2round and Credentials of Planner
My name is Donald Wayne Arnold, AICP. I am a professional urban planner. I am a Principal
with the firm Q. Grady Minor & Associates and have over 18 years of experience in planning
and permitting related to land development activities. I have previously been employed as a
professional planner by local and State governments, including Palm Beach County, Collier
County and South Florida Water Management District. I have been actively involved in
Developments of Regional Impact, growth management plan amendments, property rezonings,
land development code amendments, site development plans, and land feasibility studies. I hold
dual degrees in urban planning: a Bachelor of Science Degree in Urban-Regional Planning from
Southwest Missouri State University, and a Master of Urban Planning from the University of
Kansas.
I have served as an expert in urban planning in a variety of local, regional and state growth
management planning issues and have testified in numerous hearings including Florida
Administrative Hearings, and local government public hearings.
Below is a summary of the planning consequences of establishing the proposed Community
Development District in Collier County. My assessment of the six statutory factors that must be
met in order to establish a Community Development District is discussed below.
Project Description
Copper Cove Preserve comprises approximately 101 acres within southern Collier County,
Florida, bounded on the west by Collier Boulevard, bounded on the east and south of Fiddler's
Creek PUDIDRI bounded on the north by Quail Roost Mobile Horne Park The property is
located within the Urban Mixed-Use Residential District of the Collier County Future Land Use
Map. The Urban Residential District permits a variety of residential and mixed-use projects, and
are encouraged to be in the from of a master planned community:
The property is currently planned for a residential master planned community with 300
residential units. The master planned community will include both single family and multi-
family dwelling unit types, a clubhouse and other residential amenities.
The Six Statuto"" Factors: Section 190.005 (l)(e)1-6. F.S.
Section 190.005(2)(c), Florida Statues, provides that the County Commission shall consider the
record of the public hearing and the following factors section 190.005 (2)(e), in making its
determination to grant or deny a petition for the establishment of a community development
district.
J :\Copper Cove Preserve CDDICDD . Copper Cove Preserve. doc
Page 1 of 12
Agenda Item No. 8A
April 11. 2006
Page 88 of 112
1. Whether all statements contained within the petition have been found to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
community.
4. Whether the district is the best alternative available for delivering community development
services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate special-district
government.
Factor One
1. Whether all statements contained within the petition have been found to be true and
correct.
In my professional planning opinion, the Petition and its exhibits satisfy the requirements of the
statute and contain information that is both true and correct. Therefore, factor one in my opinion
is satisfied from a planning perspective.
Local Specialized Problem: None.
Factor Two
2. Whether the establishment of the district is inconsistent with any applicable element
or portion of the state comprehensive plan or of the effective local government
comprehensive plan.
Regarding Factor Nwnber Two, I have done a considerable amount of analysis of both the State
Comprehensive Plan and the Collier County Comprehensive Plan because this factor questions
whether creation and establishment of the District is consistent with any applicable element or
portion of the State Comprehensive Plan or the Collier County Comprehensive Plan. A
discussion of consistency with the State Plan is provided below.
Discussion: The State Plan.
The State Comprehensive Plan is set forth in Chapter 187, Florida Statutes.
I have reviewed all twenty-five goals and several related policies under each goal in the State
Plan from this perspective. I have identified and evaluated those subjects, goals and policies, that
do relate to the creation and establishment of a Community Development District. As a
professional planner, I have provided an opinion as to the consistency of proposed District with
each related goal, objective and policy of the plan. I have analyzed from a planning perspective
1;\Copper Cove Preserve CDD\CDD - Copper Cove Preserve.doc
Page 2 of 12
Agenda Item No. 8A
April 11, 2006
Page 89 of 112
each subject and goal and then identified various specific policies under each of them which
related to the proposed District.
Subiect and Goal 15 LAND USE
(a) Goal - In recognition of the importance of preserving the natural resources and
enhancing the quality of life of the state, development shall be directed to those
areas which have in place, or have agreements to provide, the land and water
resources, fIscal abilities, and service capacity to accommodate growth in an
environmentally acceptable manner.
Subject Number 15 and its related goal are applicable because it being directed to areas having,
or programmed to have funded land and water resources, and necessary infrastructure capacity to
serve growth in an environmentally responsible manner.
The Copper Cove Preserve Community Development is in an area of Collier County that has
available access to regional water and sewer services, and roadway networks to serve a project of
this scale. The District is located in the Urban Mixed-Use Residential District of Collier County
and will meet all applicable natural resources regulations. The creation of the District is
consistent with this goal.
Local Specialized Problem: None
Policy lS(b)1. Promote state programs, investments, and development and redevelopment
activities, which encourage effIcient development and occur in areas which will have the
capacity to service new population and commerce.
Establishment of the District is consistent with this Policy. Chapter 190, F.S., establishes that a
District purpose is to provide necessary capital infrastructure to service projected growth without
overburdening other governments and taxpayers. All necessary infrastructure on-site will be
provided by the Developer or Community Development District, which will be coordinated with
Collier County Government.
Local Specialized Problem: None
Policy lS(b)2. Develop a system of incentives and disincentives, which encourage separation
of urban and rural land uses while protecting water supplies, resource development, and
fIsh and wildlife habitats.
A District is a form of local government which, is required by law to provide service capacity in
areas designated for urban services, and to provide such services in an environmentally sensitive
manner. The Establishment of the proposed District is consistent with policy 16(b)2 the State
Plan.
Local Specialized Problem: None
Policy 15(b )3. Enhance the livability and character of urban areas through the
encouragement of an attractive and functional mix of living, working, shopping, and
recreational activities.
Establishment of the District is consistent with this Policy. Through the creation of the District,
Copper Cove will be developed as a master planned residential community with on-site
J:\Copper Cove Preserve CDDlCDD - Copper Cove Preserve. doc
Page 3 of 12
Agenda Item No. 8A
April 11, 2006
Page 90 of 112
recreational amenities designed to serve the residents of the District. On-site open spaces are
linked to nearby roadways via pedestrian pathways.
Subiect and Goal 17 PUBLIC FACILITIES
(a) Goal - Florida shall protect the substantial investments in public facilities that already
exist and shall plan and provide for and fmance new facilities to serve residents in a timely,
orderly, and efficient manner.
Subject 17 and its related Goal and policies would be directly implemented through the
establishment of the proposed District through the responsible provision of services and facilities
when needed to those property owners within the District. The establishment of the District will
be consistent with this subject and goal.
Local Specialized Problem: None
Policy 17(b )3.-Allocate the costs of new public facilities on the basis of the benefits received
by the existing and future residents.
Facilities and services provided by the District are paid for through assessments and user fees by
those property owners who benefit from those facilities and services. In my planning opinion, the
proposed District is consistent with, and will implement, policy 18(b)3.
Local Specialized Problem: None
Policy 17(b)4.- Create a partnership among state government, local governments, and the
private sector which would identify and build needed public facilities and allocated the
costs of such facilities among the partners in proportion to the benefits accruing to each of
them.
The state legislature determined that a District is a legitimate alternative method of paying for
and managing community development. A District must be consistent with the plans of the State
and local governments. Establishment of the District, consistent with this legislative intent, is
consistent with Policy 18(b)4.
Local Specialized Problem: None
Policy 17(b)5. Encourage local government financial self-sufficiency in providing public
facilities.
The proposed District, if established, would be a special-purpose local government, and would
be self-sufficient in the provision of infrastructure, services and facilities in that it would not
draw upon other County resources. The establishment of the proposed District would not be
inconsistent with this policy.
Local Specialized Problem: None
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Page 4 of 12
Agenda Item No. SA
April 11, 2006
Page 91 of 112
Policy 17(b )6. Identify and implement innovative but fiscally sound and cost-effective
techniques for financing public facilities.
The special-purpose District will have limited powers to design, fund and construct services and
facilities necessary to accommodate the project's service demands. The proposed District is
consistent with this policy.
Local Specialized Problem: None
Policy 17(b)7. Encourage the development, use, and coordination of capital improvement
plans by all levels of government.
The District is subject to the reporting provisions of Section 189.415, Florida Statutes, which in
paragraph (6) states, "For purposes of the preparation or revision of local government
comprehensive plans required pursuant to s. 163.3161, a district public facilities report may be
used and relied upon by the local general purpose government or governments within which the
special district is located. This statutory provision is directed at fostering coordination between
special districts and general-purpose governments. The proposed District, if established, will
implement this policy, and is therefore consistent with the policy.
Local Specialized Problem: None
Subject and Goal 20 GOVERNMENTAL EFFICIENCY
(a) Goal- Florida governments shall economically and efficiently provide the amount and
quality of services required by the public.
Chapter 190.002 finds that an independent district can be a solution to the state's planning,
management, and financing needs by providing timely, efficient, effective and economic means
of service delivery. The proposed District will provide services in an economical and efficient
manner and is consistent with Goal 20.
Local Specialized Problem: None
Policy 20(b)!. Encourage greater cooperation between, among, and within all levels of
Florida government through the use of appropriate interlocal agreements and mutual
participation for mutual benefit.
Once the Community Development District is formed, it will function as a form of local
government and the Statute permits the District to enter into interlocal agreements with other
local governments. The Collier County Growth Management Plan, Intergovernmental
Coordination Element and Public Facilities Element provide for the coordination and
cooperation of all governmental entities, including Community Development Districts. Because
the Statute requires consistency with the local government growth management plan, and the
District must cooperate with local governments, it is my opinion that the proposed Copper Cove
Preserve Community Development District, will be consistent with Policy 20 (b) 1 of the State
Comprehensive Plan.
Local Specialized Problem: None
Policy 20(b )2. Allow the creation of independent special taxing districts, which have
uniform general law standards and procedures and do not overburden other governments
J:\Copper Cove Preserve COD\COO - Copper Cove Preserve. doc
Page 5 of 12
Agenda Item No. 8A
April 11, 2006
Page 92 of 112
and their taxpayers while preventing the proliferation of independent special taxing
districts, which do not meet these standards.
This policy directly addresses why a Community Development District is a beneficial method of
funding community development services. A Community Development District provides the
infrastructure and community services through the sale of various types of bonds, for which the
obligation to repay the bonds is borne by only those who directly receive the benefits provided
by the Community Development District. The general taxpayer has no obligation to pay for
services within the District.
The Community Development District must be established according to the standards specified
in Florida Statutes and must be consistent with local government plans. The proliferation of
independent districts is restricted by the various factors required to establish a Community
Development District. The proposed Community Development District in my professional
planning opinion is consistent with Policy 20(h )2.
Local Specialized Problem: None
Policy 20(b )5. Eliminate needless duplication of, and promote cooperation in,
governmental activities between, among, and within state, regional, county, city, and other
governmental units.
As stated previously, a District is required under Florida Statutes to prepare reports and public
records with respect to its facilities and operations which are made available to owners within the
Community Development District, as well as prospective purchasers. These records are also filed
with the County as public records and may be utilized by the local government. This cooperative
requirement of sharing information as well as the requirement to be consistent with the State and
local government plans furthers the proposed Community Development District's consistency
with Policy 20(b)5.
Local Specialized Problem: None
Policy 20(b )9. Encourage greater efficiency and economy at all levels of government
through adoption and implementation of effective records management, information
management, and evaluation procedures.
Florida Statutes, Chapter 190, requires that Community Development Districts perform extensive
record keeping and management, and they are subject to the Florida Sunshine Law. In my
professional planning opinion, these requirements of the Community Development District fulfill
the requirements of Policy 20(b)9, and the establishment of the District is consistent with this
policy.
Local Specialized Problem: None.
Subiect and Goal 25 PLAN IMPLEMENTATION
(a) Goal- Systematic planning capabilities shall be integrated into all levels of government
in Florida with particular emphasis on improving intergovernmental coordination and
maximizing citizen involvement.
]:\Copper Cove PreselVe comCDD. Copper Cove Preserve. doe
Page 6 of 12
Agenda Item No. 8A
April 11, 2006
Page 93 of 112
As discussed previously, a Community Development District has a statutory requirement to
report information concerning District operations. Further, because a District is a special purpose
government, it must advertise its regularly scheduled meetings, ensuring the opportunity for
public comment. The proposed District, if established, in my opinion, is consistent with and
would further this goal.
Local Specialized Problem: None
Policy 25(b )2. Ensure that every level of government has the appropriate operational
authority to implement the policy directives established in the plan.
The fact that a District established pursuant to Chapter 190, Florida Statutes, must not be
inconsistent with any applicable portion of the State Comprehensive Plan, a District is granted
the defacto operational authority to implement policies of the Plan. The establishment of the
proposed District is consistent with Policy 25(b )2.
Local Specialized Problem: None
Policy 25(b )3. Establish effective monitoring, incentive, and enforcement capabilities to see
that the requirements established by regulatory programs are met.
A District is not exempted from any applicable local, regional or state growth management
regulatory programs, thus the establishment of the proposed Copper Cove Preserve Community
Development District is not inconsistent with this policy.
Local Specialized Problem: None
Policy 25(b)8. Encourage the continual cooperation among communities, which have a
unique natural area, irrespective of political boundaries, to bring the private and public
sectors together for establishing an orderly, environmentally, and economically sound plan
for future needs and growth.
The District is required to operate openly (in the sunshine), encouraging public participation, and
as stated previously, reporting of the District's facilities and services status to the County
government provides a mechanism for cooperation between the general purpose and special
purpose governmental entities. The establishment of the proposed District is consistent with this
policy.
Local Specialized Problem: None
COLLIER COUNTY LOCAL GOVERNMENT COMPREHENSIVE PLAN
The adopted Collier County Local Government Growth Management Plan is set forth in the
following Collier County Ordinances, as amended. This Plan is currently in force and effective in
Collier County.
Capital Improvement Element
Transportation Element
Public Facilities Element B Ord. 97-58
Ord. 2005-25
Ord. 2004-71
Ord. 2005-25
Ord. 2000-27
Housing Element
J:\Copper Cove Preserve CDD\CDD - Copper Cove Preserve.doe
Page 7 of 12
Agenda Item No. 8A
April 11, 2006
Page 94 of 112
Intergovernmental Coordination Element
Ord. 2003-67
Ord. 2004-71
Ord. 2005-25
Ord.2003-67
Recreation and Open Space Element
Conservation and Coastal Management Element
Future Land Use Element
Under the Florida Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter 163, Part II, Florida Statutes, as amended, the Plan consists of various
elements, sub-elements and appendices. I reviewed each Plan element with respect to the powers
granted to a Community Development District under Section 190, Florida Statutes. As a
professional planner, I have reviewed the Plan in order to determine whether there is any specific
inconsistency between the proposed Community Development District Plan and the Collier
County Growth Management Plan.
Those goals, objectives and policies that are relevant to the creation of the proposed Community
Development District have been evaluated.
The establishment of the Community Development District to provide the governmental services
attendant to Copper Cove Preserve complies fully with the goals, objectives and policies of the
Collier County Growth Management Plan.
PUBLIC FACILITIES ELEMENT - POTABLE WATER SUBELEMENT
Policy 1.2.6: Where Community Development Districts, or other similar special districts are
established to provide a tool for developers to fmance infrastructure or other purposes, wholly or
partially within the Collier County Water-Sewer District, water service shall be connected to the
regional system, and internal facilities shall be conveyed when acceptable to the Collier County
Water-Sewer District for operation and ownership in accordance with Collier County Ordinance
01-57 adopted October 23, 2001 or its latest revision, and District construction and operating
policies.
Copper Cove Preserve will provide and maintain potable water infrastructure to support the
proposed development within the District boundaries and will connect the system to Collier
County consistent with the Collier County Utilities Ordinance. The establishment of the
proposed District is consistent with this Policy.
Local Specialized Problem: None
INTERGOVERNMENTAL COORDINATION ELEMENT
Goal 1: Provide for the continual exchange of information and the use of any
intergovernmental coordination mechanisms with Broward, Dade, Hendry, Lee, and Monroe
Counties, Cities of Everglades and Naples, Collier County School Board, Southwest Florida
Regional Planning Council, and any other local, state, or federal agency or governmental entity,
and utility companies such as but not limited to Florida Power and Light, Lee County Electric
Cooperative, SprintlUnited Telephone, Immokalee Water and Sewer District, Pelican Bay
Service Division (MSTU), Florida Water Services, Florida Cities Water Company, Media One,
and Cablevision Industries, that may be impacted by Collier County's land, road, or facility
planning to resolve differences and to achieve compatible and coordinated plans.
J:\Coppcr Cove Preserve CDDlCDD - Copper Cove Preserve. doc
Page 8 of12
Agenda Item No. 8A
April 11. 2006
Page 95 of 112
Objective 1.1: By the time mandated for the adoption ofland development regulations pursuant
to Chapter 163.3202, F.S., including any amendments thereto, establish intergovernmental
communication and level of service coordination mechanisms to be used by Collier County,
Cities of Everglades and Naples, adjacent counties, the Collier County School Board, the State,
and any other entity that provides a service but may not have land use authority.
Policy 1.1.1: Collier County will continue to utilize existing coordination mechanisms, e.g.,
interIocal planning agreements, joint meetings and any other mechanism described in this
element which promotes consistent planning activities.
Copper Cove Preserve has coordinated with both public and private sector agencies in the
delivery of services, such as Collier County Utilities, independent fIre control districts, Collier
County Department of Transportation, and Florida Power and Light to insure the services are
coordinated and non-duplicative. Copper Cove Preserve Community Development District will
continue to coordinate plans with the various governmental agencies as it develops. The
establishment of the proposed District is consistent with this goal and associated objective.
FUTURE LAND USE ELEMENT
Objective 5 and Policy 5.1: In order to provide sound planning, ensure compatibility of land uses
and further the implementation of the Future Land Use Element. All rezonings must be
consistent with this Growth Management Plan.
Copper Cove Preserve will be a residential master planned community, which will utilize the
Planned Unit Development zoning district alternative to establish the development program, and
the establishment of the Community Development District to provide governmental and
infrastructure services. The project site is located in an area designated as Urban Mixed-Use on
the County's Future Land Use Map. The intent of this District is set forth previously in my
Report. This proposed master planned project is consistent with this objective and policy.
Local Specialized Problem: None
The establishment of the proposed Copper Cove Preserve Community Development District,
pursuant to Chapter 190, Florida Statutes, is not inconsistent with the goals objectives and
policies of the Collier County Growth Management Plan.
Based upon the aforementioned findings, the creation and establishment of the proposed District
would not be inconsistent with any goals, policies, sections or portions of the Plan, even if it
were to exercise any and all of its statutory powers.
Further, the creation and establishment of the proposed District would not be inconsistent with
those parts of the Plan, which do not relate to the creation and establishment of a District.
Factor Three
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
community.
The proposed Copper Cove Preserve Community Development District is of sufficient size and
sufficiently compact to be developed as a functional interrelated community. The project's size is
J:\Copper Cove Preserve CDD\CDD . Copper Cove Preserve. doc
Page 9 of 12
Agenda Item No. 8A
April 11, 2006
Page 96 of 112
10 1:1: acres. This land area is large enough in land area to allow for the efficient provision of
infrastructure systems, facilities and services. A project of this size and scope is most
appropriately master planned to demonstrate how the various components of the overall project
relate both internally and externally.
The project is appropriately compact in size in that it will permit residential development and the
required infrastructure support to be extended throughout the proposed District boundaries as one
functional interrelated community.
The properties within the proposed Copper Cove Preserve Community Development District are
contiguous.
The term "functional interrelated community" is undefined in Chapter 190, F.S. In my
professional planning opinion, the term, "functional interrelated community" means that the
CDD area has common characteristics in the sense of permitted land uses that can be master
planned because of the land use relationships, as well as the contiguity of the community and its
overall size. The proposed District will utilize the planned unit development concept to
demonstrate the interrelatedness of the entire project, whereby not only the internal and external
land use relationships have been shown, . but the basic infrastructure to serve the entire
community is master planned. Copper Cove Preserve community is consistent with and furthers
the larger community's goals as outlined in the discussion on the Collier County Growth
Management Plan.
Local Specialized Problem: None
Factor Four
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
There are several alternative ways to provide basic infrastructure and services to the lands
proposed to be serviced by the proposed Community Development District. Generally, there are
three common methods of providing services to a community, which include privately funded
and maintained services, publicly provided systems and those that could be operated via a public
special purpose Community Development District. Private provision of services and
maintenance can be appropriate; however, with limitations, in that long-term funding must be
assured to support infrastructure for the life of the community, as is required through the
issuance of bonds to support a Community Development District.
The provision of services by the public can have limitations, especially where the community is a
master planned and interrelated community that may desire services more appropriately directed
at its property owners. The responsibility of a local government is to provide the basic
infrastructure support for all communities within its Governmental boundary. A master planned
community that may wish to achieve a higher than basic standard will not be well suited to
provision of services through common general government funding alternatives.
The Community Development District option is a preferred alternative to the two former
mentioned funding sources (Private and General Public) in that the provision of services may be
commensurate with the desired level of service of the community, while resulting in no burden to
those properties outside the District. The Community Development District cannot overburden
J :\Copper Cove Preserve CDDlCDD - Copper Cove Preserve. doc
Page 10 of 12
Agenda Item No. 8A
April 11, 2006
Page 97 of 112
the existing facilities because of the required concurrency management requirements found in the
Collier County Growth Management Plan, Land Development Code and Chapter 190, F .S.
Local Specialized Problem: None
Factor Five
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
Chapter 190, F.S. requires that all actions and implementation of any or all Community
Development District powers are governed by and must not be inconsistent with the Collier
County Growth Management Plan. One of the fundamental requirements of Chapter 163, F.S. is
that local government comprehensive plans must identify capital facilities required to support
expected growth and that standards must be adopted to insure that minimum established levels of
service for these facilities can be maintained.
This requirement insures that the impacts of development are created concurrent with the
available capacity of necessary capital infrastructure. Development may not occur unless there
are adequate public facilities available to support it.
These requirements insure compliance with County land development regulations and adequate
public facility requirements. Collier County has not identified any inadequate public facilities
that will affect the proposed District.
Local Specialized Problem: None
Factor Six
6. Whether the area that will be served by the district is amenable to separate special-
district government.
Factor six deals with whether the area that will be serviced by the District is amenable to
separate special-district government.
As discussed in the prior factor analysis, the land area is of sufficient size, and is sufficiently
compact and sufficiently contiguous to be functional. The project area is also located in an area
where other large-scale master planned communities have been developed utilizing the
community development district. In my opinion the land area for the District is amenable to
special district government because the land area proposed to be established as a District has the
need for the services that may be provided by the District. The District would also benefit from
the provision of District services in that the services will be tailored to the specific needs of the
District while consistent with the goals, objectives and policies of the local growth management
plan.
Local Specialized Problem: None
Summary
Long term and sustained adequacy and efficiency of infrastructure are important, and I note that
among the three alternatives discussed, the proposed District would more closely and efficiently
J:\Copper Cove Preserve CDDlCDD - Copper Cove Preserve. doc
Page 11 of 12
Agenda Item No. 8A
April 11, 2006
Page 98 of 112
manage services and facilities given that the District's sole responsibility is the community
development's infrastructure needs, both immediate and in the long term. Further, a District can
be more responsive to the property owners of the community development and other affected
parties, than can be provided by the alternatives, which either have a broader public
accountability, or more narrowed interests.
The proposed Copper Cove Preserve Community Development District is the most appropriate
means of providing community development systems, services and facilities because it will be
functionally involved in the overall physical master planning of the development, most equitably
distributes the cost and responsibilities to the users of the systems, services and facilities,
provides for long term maintenance, and provides a greater assurance that the residents served by
the Copper Cove Preserve Community Development will have a sustained level of service to
meet their quality of life objectives.
I attest that the statements and finding in this document are true
and accurate to the best of my knowledge.
~
,.-
r&:
daYOf~
Signature of Notary Public
Notary's Printed Name
My Commission Expires:
~e~ l )rofar~\Z
'~'~'" SHARON UMPENHOUR
~'@ :~ MY COMMISSION 1/ DO 495073
1j EXPIRES: December 4, 2009
ISl Bonded TlvIl NclarY Mic UnderwrltelS
J:\Copper Cove Preserve CDD\CDD - Copper Cove Preserve.doc
Page 12 of 12
Agenda Item No. 8A
April 11, 2006
Page 99 of 112
EXHIBIT 8-B
ENGINEER'S OPINION
PETITION TO ESTABLISH
COPPER COVE PRESERVE
COMMUNITY DEVELOPMENT DISTRICT
A petition to establish the Copper Cove Preserve Community Development District (CDD) is
being filed with the Collier County Board of County Commissioners. The purpose of this
Opinion is to provide support to the petition with regard to the factors which must be considered
during the establishment process as outlined in Chapter 190 of the Florida Statues.
My name is David A. Hyyti, P.E. I have been qualified, in The Circuit Court of the Twentieth
Circuit of the State of Florida, as an expert in matters regarding civil engineering and
community development during special assessment bond validation proceedings related to
community development infrastructure funding. I have also been involved with the
establishment and operation of Community Development Districts in Lee, Charlotte, and
Hillsborough counties over the past fourteen years.
This opinion is based on my professional experience as a civil engineer and land development
consultant with regard to providing infrastructure for community development.
Section 190.005(2), F.S. provides the exclusive and uniform method for the establishment of a
community development district of less than 1,000 acres in size. The proposed Copper Cove
Preserve Community Development District is approximately 101.5 acres in size. Section
190.005(2)(c) provides that the Collier County Board of County Commissioners consider the six
factors identified in Section 190.005(1)(e) in making its determination to grant or deny a
petition for the establishment of a community development district. These factors are:
I. Whether all statements contained within the petition have been found to be true and
correct.
2. Whether the establishment of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of the land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
F:\JOBICopper Cove Preserve CDDlEng Review Eng Opinion Petition to Establish Copper Cove Preserve CDD.doc
Page 1 of6
Agenda Item No. 8A
April 11, 2006
Page100of112
4. Whether the district is the best alternative available for delivering community
development systems, services and facilities to the area that will be served by the district.
5. Whether the community development systems, facilities and services ofthe district will be
incompatible with the capacity and uses of existing local and regional community
development systems, services and facilities.
6. Whether the area that will be served by the district is amenable to separate special district
government.
Section 190.002(d) states that the process of establishing a district shall be based only on factors
material to managing and fmancing the service-delivery function of the district, any matter
concerning permitting or planning of the development is not material or relevant. This Opinion
is therefore based on my review of matter related to the six factors enumerated above.
Additionally, I have observed the proposed site of the Copper Cove Preserve CDD and have
reviewed the petition to Establish the district.
FACTOR 1:
Whether all statements contained within this petition have been found to be true and correct.
I have observed the Copper Cove Preserve site and reviewed the Petition for Establishing the
Copper Cove Preserve CDD. To the best of my knowledge, the statements contained within the
Petition are true and correct.
FACTOR 2:
Whether the establishment of the district is inconsistent with any applicable element or portion
of the state comprehensive plan or of the effective local government comprehensive plan.
For the purposes of responding to this factor, the State and Collier County Comprehensive Plans
were reviewed for goals, objectives, and policies that pertain to the establishment of a CDD.
Based on this review, establishment of the Copper Cove Preserve CDD is not inconsistent with
applicable elements or portions of the State and Collier County Comprehensive Plans.
Comments on Applicable State and Collier County Comprehensive Plan elements are provided
in the following discussion.
State Comprehensive Plan
Goal (15). Land Use - In recognition of the importance of preserving the natural resources and
enhancing the quality of life of the state, development shall be directed to those areas which
have in place, or have agreements to provide, the land and water resources, fiscal abilities, and
service capacity to accommodate growth in an environmentally acceptable manner.
F:\JOBICoppcr Cove Preserve CODlEng Review EDg Opinion Petition to Establisb Copper Cove Preserve COD. doc
Page 2 of6
Agenda Item No. 8A
April 11, 2006
Page 101 of 112
Policy 1 - Promote state programs, investments, and development and redevelopment activities
which encourage efficient development and occur in areas which will have the capacity to
service new population and commerce.
Policy 2 - Develop a system of incentives and disincentives which encourages a separation of
urban and rural land uses while protecting water supplies, resource development, and fish and
wildlife habitats.
Since a district is a program that, when established, is required by law to provide service
capacity in areas designated for urban services, and to provide such services in an
environmentally sensitive manner, the proposed District is not inconsistent with Goal 15 of
Chapter 187, Florida Statutes.
Goal (l7)(a). Public Facilities - Florida shall protect the substantial investments in public
facilities that already existing and shall plan for and finance new facilities to serve residents in
a timely, orderly, and efficient manner.
Policy 3 - Allocate the costs of new public facilities on the basis of the benefits received by
existing and future residents.
Policy 4 - Create a partnership among state government, local governments, and the private
sector which would identify and build needed public facilities and allocate the costs of such
facilities among the partners in proportion to the benefits accruing to each of them.
Policy 5 - Encourage local government financial self-sufficiency in providing public facilities.
Policy 6 - Identify and implement innovative but fiscally sound and cost-effective techniques for
financing public facilities.
Policy 7 - Encourage the development, use, and coordination of capital improvement plans by
all levels of government.
Policy 9 - Identify and use stable revenue sources which are also responsive to growth for
financing public facilities.
The District will provide innovative funding for systems, facilities and services, as well as,
provide up-front financing mechanisms for timely provisions of these systems, facilities and
services for the Copper Cove Preserve COD. Establishment of the Copper Cove Preserve CDD
helps to protect the public investment in the already existing public systems, facilities and
services because it provides a new revenue source for development and maintenance of the new
systems, facilities and services serving the area. No additional burden is placed on the existing
residents or businesses within the county because the CDD will allocate the cost of the new
systems, facilities and services to the existing and future property owners that will use those
systems, facilities and services. By its very nature, establishing the District also helps provide
for timely, orderly and efficient planning and financing of these new systems, facilities and
servIces.
F:\JOB\Copper Cove Preserve CDDlEng Review Eng Opinion Petition to Establish Copper Cove Preserve CDD.doc
Page 3 of6
Agenda Item No. 8A
April 11, 2006
Page 102 of 112
Districts are required to coordinate with local general-purpose government and to submit a
public systems, facilities and services report. This public systems, facilities and services report
must include information very similar to the capital improvement plans of most local general-
purpose governments. The local general-purpose government may, in turn, use and rely upon
the district report for future forecasts and planning. Finally, the County can rely on the district's
report when making determinations of concurrency compliance.
Based on this review, the establishment of the Copper Cove Preserve CDD is not inconsistent
with Goal 17.
Goal (20). Governmental Efficiency - Florida governments shall economically and efficiently
provide the amount and quality of services required by the public.
Policy 1 - Encourage greater cooperation between, among, and within all levels of Florida
government through the use of appropriate interlocal agreements and mutual participation for
mutual benefit.
Policy 2 - Allow the creation of independent special taking districts which have uniform
general law standards and procedures and do not overburden other governments and their
taxpayers while preventing the proliferation of independent special taking districts which do
not meet these standards.
Policy 5 - Eliminate needless duplication of, and promote cooperation in, governmental
activities between, among, and within state, regional, county, city, and other governmental
units.
As a unit of special purpose local government with the authority to provide high quality
services and facilities within a limited area, the proposed District can enter into inter-local
agreements with mutual participation and benefits to residents of the District and the rest of the
county. A Community Development District has uniform general law standards as specified in
Chapter 190, F.S. that provide for the focused delivery and funding of infrastructure through
the assessment of only those residents within the District which receive benefit and their by not
overburdening other units of government or their taxpayers. To eliminate the needless
duplication of efforts between the District and Collier County, the potable water and sanitary
sewer systems will be turned over to Collier County for ownership and maintenance purposes
once they are completed by the District and accepted by Collier County Utilities.
Based on this review, the establishment of the Copper Cove Preserve CDD is not inconsistent
with Goal 20.
Collier County Growth Management Plan
Review of the Collier County Growth Management Plan has indicated that establishment of the
Copper Cove Preserve Community Development District is not inconsistent with the plan. In
addition, an extensive review as conducted by Collier County Planning staff and resulted in the
F:\JOB\Copper Cove Preserve COOlEng Review Eng Opinion Petition to Establish Copper Cove Preserve COO.doc
Page 4 of6
Agenda Item No. 8A
April 11, 2006
Page 103 of 112
attached statement of compliance with regard to the development of Copper Cove Preserve
P.U.D.
FACTOR 3:
Whether the area of land within the lJrolJosed district is of sufficient size. Is sufficiently
compact. and is sufficientlv contiguous to be developable as one functional interrelated
community.
After reviewing the definitions of Factor Three's key terms and words and considering how
they relate to infrastructure delivery, it is my opinion that the area of land within the proposed
District is of sufficient size, lli sufficiently compact, and is sufficiently contiguous to be
developable as one functional interrelated community.
FACTOR 4:
Whether the district is the best alternative available for delivering community development
services and facilities to the area that will be served by the district.
There are three alternative ways of providing basic systems, facilities and services to
community developments. The first is purely private through a private company or property
owners' association. The second alternative would be public either through county
management and financing through dependent districts, or through county management with
financing by the use of County Municipal Service Taxing Units (MSTU), or County Municipal
Service Benefit Units (MSBU). Finally, the third alternative would also be public but through
the specialized but limited independent Community Development District provided for by
Chapter 190, Florida Statues.
Considerations needed to determine the best alternative to deliver infrastructure to community
developments are the following:
· Is the alternative able to provide the highest quality systems, services, and facilities;
· Is the alternative capable of delivering the facilities, system, and services in a timely
manner when the community development service and facility demand occurs;
· Does the alternative have a means of management which will be responsive to the
community development over the long term; and
· Can the alternative obtain and maintain long-term financing to facilitate the management
benefits.
I have analyzed the alternatives and conclude that the proposed District is the best alternative
available for delivering community development services and facilities to the area that will be
served by the District. It has a single, limited and specialize purpose; it merges management
and financing capabilities; it operates in the Sunshine without burdening the County or its
taxpayers; and, by law, it must submit annual reports to show how its functions have been
subject to, and are not inconsistent with, the Collier County Growth Management Plan permits
issued for the use and development of the property.
F:\JOBICopperCove Preserve COOlEng Review Eng Opinion Petition to Establish Copper Cove Preserve COD.doc
Page 5 of6
Agenda Item No. 8A
April 11, 2006
Page104of112
FACTOR 5:
Whether the community development services and facilities of the district will be incompatible
with the capacity and uses of existing local and regional community development services and
facilities.
I have reviewed these area services and find that the community development services and
facilities of the proposed District are not incompatible with the capacity and uses of existing
local and regional community development services and facilities. In fact, once constructed
and approved, the potable water and sanitary sewer services will be turned over to Collier
County Utilities for ownership, operation, and maintenance, to avoid duplication of
government services.
FACTOR 6:
Whether the area that will be served by the district is amenable to separate special-district
government.
My analysis finds that the proposed District is amenable to separate special-district government
and I have concluded that the successful application of the five preceding factors explained
above demonstrates why the proposed District is amenable to separate special-district
government.
I attest that the statements and finding in this Opinion are true
and accurate to the best of my knowledge.
Engineer's Seal
The foregoing instrument was acknowledged belOre me this ~y oryAAMJ ~
2006, by David A. Hyyti who is personally known to me.
SignatureOfNOtarypG~ ~9-
Notary's Printed Name f/;.H c:.'LA H ~ASe:
My Commission Expires:
PAMElA M. CASE
MY COMMISSION # DO 393588
EXPIRES: May 24, 2009
Bonded ThrU Nota'Y Pubic UndelWl'iters
F:\JOBICopper Cove Preserve CDD\Eng Review Eng Opinion Petition to Establisb Copper Cove Preserve CDD.doc
Page 6 of6
,
.;
Agenda Item No. 8A
April 11, 2006
Page 105 of 112
ORDINANCE NO. 05--1L-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE' COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS TO
CHANGE THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT "PUD" TO "RPUO" FOR THE
DEVELOPMENT KNOWN AS CHAMPION LAKES RV
RESORT, TO CHANGE THE NAME OF THE PUD TO
TI:IE COPPER COVE PRESERVE RPUD AND TO
ABANDON THE PREVIOUSLY AUTHORIZED
RECREATIONAL VEHICLE UNITS AND REPLACE
THEM WITH CONVENTIONAL MIXED RESIDENTIAL
DWELLING UNIT TYPES. WITH A MAXIMUM OF 300
RESIDENTIAL DWELLING UNITS FOR A PROJECT
DENSITY OF APPROXlMATELY 2.96 UNITS PER
ACRE FOR PROPERTY LOCATED ON THE NORTH
SIDE OF CHAMPIONSHIP DRIVE, IN SECTION IS,
TOWNSHIP 5 I SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 101 ACRES;
PROVIDING FOR THE REPEAL AND REPLACEMENT
OF ORDINANCE NUMBER 00-21, AS AMENDED, THE
FORMER CHAMPION LAKES RV RESORT PUD; AND
PROVIDING FOR AN EFFECTNE DA TE.
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WHEREAS, D. Wayne Arnold of Q. Grady Minor & Associates, PA, representing
Champion Lakes Development, LLC, petitioned the Board of County Commissioners to change
the zoning classification of the subject real property as part of Petition PUDZ-2004-AR-5879;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
The Zoning Classification of the subject real property as described in Section I of the PUD
Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made
part hereof, located in Section IS, Township 51 South, Range 26 East, Collier County, Florida, is
changed from "pUD" to "RPUD" Planned Unit Development to abandon the previously authorized
recreational vehicle use and replace with conventional mixed residential dwelling unit types. A
maximum of 300 residential dwelling units are approved, with a project density of approximately
2.96 units per acre. The appropriate zoning atlas map or maps, as described in Ordinance Number
04-4], the Collier County Land Development Code, are hereby amended accordingly.
Agenda Item No. 8A
April 11, 2006
Page 106 of 112
\
~.
SECTION TWO:
Ordinance Number 2000-21, as amended, known as the Champion Lakes RV Resort PUD,
adopted on April 11, 2000, by the Board of County Commissioners of Collier County. is hereby
repealed in its entirety and replaced with these regulations.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Commissioners of Collier County, Florida, this 2d~Y of ;;,11 (/..(.)-" r 2005.
. ~, .
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BOARD OF COUNfYCO SIONERS
COLLIER COUNTY, FLORIDA
'-1_ . " W. ~
BY: -r\....l.lll-
FRED W. COYLE, CHAIRMAN
Patrick G. White
Assistant County Attorney
2
This orcIII'1anc:e flied with the
~~.,M
cmd ccIcnowledg of that
f11l~1-' this day
of
~ CIII1l
Agenda Item No. 8A
April 11, 2006
Page 107 of 112
COPPER COVE PRESERVE
A
MIXED-USE RESIDENTIAL PLANNED UNIT DEVELOPMENT
1 0 1.5~ Acres Located in Sections II, 14 & 15
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
Colonial Homes, Inc.
12220 Towne Lake Drive, Suite 75
Fort Myers, FL 33913
PREPARED BY:
Q, GRADY MINOR & ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Springs. FJ 34134
(239) 947-1144
(239) 947-0375 Fax
and
Richard D. Y ovanovich
Goodlette Coleman and Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34104
EXHffiIT "AU
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION IT
SECTION III
SECTION IV
SECTION V
SECTION VI
LEGAL DESCRIPTION. PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL
RECREA TrON
PRESERVE
GENERAL DEVELOPMENT COMMITMENTS
i'OPPER UWE PRESERVE cflCC n:'. 1-<l3-l15) 11
Agenda Item No. 8A
April 11, 2006
Page 108 of 112
PAGE
ii
1-1
2-1
3.1
4-1
5-1
6-1
Agenda Item No. 8A
April 11, 2006
Page 109 of 112
STATEMENT OF COMPLIANCE
The PUrpose of this Section is to express the intent of the Developer, to create a Mixed-use
Residential Planned Unit Development (RPUD) of 300 units on 101.5:i: acres of land located in .
Sections 11, 14 & IS Township 51 South, Range 26 East, Collier County, Florida. The name of
this Planned Unit Develnpment shall be Cnpper Cove Preserve PUD. The development of Copper
Cove Preserve PUD will be in cnmpliance with the planning goals and nbjectives of Collier Cnunty
as set forth in the Growth Management Plan. The Development will be cons~stent with the growth
policies and land development regulations adopted pursuant to the Growth Management Plan,
Future Land Use Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed Use Residential District, Urban Coastal
Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use
Element (FLUE). The pwpose of the Urban Mixed Use Residential District is to provide
for a variety of residential and mixed-use developments such as Planned Unit
Developments.
2. The proposed residential density of the Copper Cove Preserve POO is 2.96 dwelling units
per acre and is less than the maximum density of three (3) dwelling units per acre permitted
by the FLUE Density Rating System and the Land Development Code (LDC) and is
therefore consistent with FLUE Policy 5.1.
3. The Copper Cove Preserve PUD is compatible with and complementary to existing and
future surrounding land uses as required in Policy 5.4 ofthe FLUE.
4. fmprovements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 ofthe FLUE.
5. The development of the Copper Cove Preserve PUD will result in an efficient and
economical extension of community facilities and services as required in Policy 3.1. of the
FLUE.
6. The Copper Cove Preserve POO is a large-scale, mixed-use community, and is planned to
encourage ingenuity, innovation and imagination as set forth in the Collier County Land
Development Code (LDC), Residential Planned Unit Development District.
7. The Copper Cove Preserve PUD is planned to incorporate natw:al systems for water
management in accordance with their natural functions and capabili,ties as may be required
by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
8. All final local develnpment orders for this Project are subject to the Collier County
Adequate Public Facilities Ordinance, Chapter 6 of the Land Development Code.
'.()/,PFRI'O\,F.l'RESERVE(BCC re\"-I-03-(5) IV
Exhibit "9"
t,\CKNOWLEDGMENT
The Uniform Commwrity Development District Act of 1980, chapter 19(1, Florida Statutes
(1999 and hereafter except as otherwise noted)(''FIa. Stat. hereafter"), restricts and limits expressly
the exercise of the state-created District's exercise of its state charter power;. The petitioner
acknowledges that the District's Board of Supervisors is bound legally and ethic:'llly to exercise its
general and special powers subject to, and not inconsistent with, the laws and reg liations contained
in the Collier County Water-Sewer District Special Act, and any applicable P.U.D., preliminary
subdivision plat andlor development order as provided in sections 190.004 and 190.012, Fla. Stat.
In light of the statutory restrictions and mandates upon the powers l,nd functions of a
commwrity district discussed below, the District will not and cannot diminish th~ customer base of
the Collier County Water.Sewer District. Collier County under its ordinanc"" is the permanent
provider of water and sewer service to the development on which the Commllnity Development
District will be established.
Also, the 1988 Special Act reestablishing the Collier County Water-Sew'~r District provides
in Section 21 that: 1) Collier County can mandate connection to its water and sewer facilities; 2)
Collier County can require installation and dedication of water and sewer facilities to the County;
and 3) no water and sewer facilities can be built within the water-sewer districl unless the Collier
County Commissioners sitting as the Water-Sewer District Board gives its consent and approval.
1
Agenda Item No. 8A
April 11, 2006
Page 110 of 112
The land area which the District will serve is in the jurisdiction of the dependent Collier
County Water-Sewer District and is subject therefore to the telD1S ofthe 1988 Special Act. The
community to be served by the District is also subject to P.D.D. and preliminary lubdivision plat.
In addition, the land area involved is also subject to Collier County Ordinance No. 98-69, as
amended, utility facilities requirements, as well as the state, regional and local comprehensive plans,
permitting agencies and all related land development regulations.
The Florida Legislature, in section J90.002(1)(a), Fla. Stat. (1991), has fow.d expressly that
the Community Development District is a solution to the management and capi- al infrastructure
fmancing problems faced by cowlties. In solving these problems, the Commurrty Development
District also provides a method of servicing projected growth without over burd ~ning other local
governments and their taxpayers. The Legislature bas found the Community Deveopmem District,
a management entity, is a legitimate solution to infrastructure delivcry challenge,ls.
It is also the expressed policy ofthe legislature that Community Deve]opnent Districts are
".... a legitimate alternative method available for use by the private and public sectors, as authorized
by state law, to manage and finance basic services for community development." s. 190.002(2)(b),
Fla. Stat. (1999). This quoted langu"ge means that the District is a management tool for both Collier
County and the petitioner. This managemmt tool is to be used by both the develoj:,er and the county
as ~uthorized in chapter 190, Fla. Stat.
In section 190.002(1)(b), Fla. Stat., the Legislature bas found also that it is in the public
interest that" ...thc operation of such a district and the exercise by the district of its powers be
consistent with applicable due process, disclosure, accountability, ethics and gClvernment-in-the-
sWlShine requirements." This law means that no decision of the Board of Superv;sors can be made
in secret, and that Collier County will be given ample noticed opportunities to menitor the exercise
2
Agenda Item No. 8A
April 11, 2006
Page 111 of 112
of the Board of Supervisors' special limited management powers, including those dealing with water
and sewer services. In other words, this language mandates that the district board "f supervisors as
a local government works with the Collier County local government.
In regard to possible conflicts between general purpose local government ,aws and actions
of this Community Development District local government, the Legislature has stated expressly as
its policy that the exercise by the district of its powers" ...comply with all applicaUe governmental
laws, rules, regulations and policies governing planning and permitting of the development to be
serviced by the district to ensure that neither the establishment nor operation of s'Jch a district is a
development order under chapter 380, Fla. Stat., and that the district so establist ed does not have
any zoning or permitting powers governing developments." s. 190.002(2)(c), Fla. Stat. In addition,
section 190.003, Fla. Stat., provides that a Community Development District shal1 function in such
a manner" ...that all applicable planning and permitting, rules, regulations and p"licies control the
development of the land to be serviced by tbe District."
Even more illustrative of the Legislature's intent is its dispositive language III the "preemptive
and sole authority" section of the Uniform Community Development District pct. s. 190.004(3),
Fla Stat.
First, the statute states specifically that .....[a]1I govenunental, planning, '~nvironmental and
land use development laws, regulations and ordinances apply to all developmen1 of the land within
,-
a Community Development District." Ill. Since the Collier County Water-Sewer District Special
Act is a law of Florida, it applies to all development within the land to be servic:d by tbe proposed
Community Development District. Since "all development" includes by definition utility and other
services, the Collier County Water- Sewer District requirements apply to all developments in the
applicable land area, even after the establishment of the Community Development District.
3
Agenda Item No. 8A
April 11, 2006
Page 112 of 112
..".-
Agenda Item No. 9A
2006
of 11
OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on April 21, 2010, to the
Forest Lakes Roadway and Drainage Advisory Committee.
CONSIDERATIONS: The Forest Lakes Roadway and Drainage Advisory Committee has 2
terms expiring on April 21, 2006. This 5 member committee was created on March 10, 1992 by
Ord. 92-16 to aid and assist the Board of County Commissioners in carrying out the purposes of
providing and maintaining improved roadway related drainage and roadway restoration within
the area of the Unit as set forth in Ord. 91-107. They also prepare and recommend an itemized
budget, work programs and priorities. Members must reside within the Forest Lakes Roadway
and Drainage MSTU. A list of the current membership is included in the backup.
The terms for Robert H. Jones and Virginia M. Donovan will expire on April 21, 2006. A press
release was issued and resumes were received from the following 2 interested citizens:
APPLICANT CATEGORY
DlST ELECTOR ADV. COMM.
Robert H. Jones-re-a t Resides within MSTU
Vir inia M. Donovan-re-a t Resides within MSTU
Forest Lakes
Forest Lakes
COMMITTEE RECOMMENDATION:
Robert H. Jones - re-appointment
Virginia M. Donovan - re-appointment
,...-.
ATTENDANCE: Robert H. Jones - 8 excused absences in 3 years
Virginia M. Donovan - 8 excused absences in 4 years
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 28, 2006
~
Agenda Item No. 9A
April 11 , 2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9A
Appointment of members to the Forest Lakes Roadway and Drainage Advisory Committee.
4/11/20069:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
3/24/20068:28:58 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/30/2006 8:31 PM
Agenda Item No. 9A
April 11, 2006
Page 3 of 11
er (:mtKty
~~
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM: Tessie Sillery, Operations Coordinator
DATE: March 17,2006
SUBJECT: Forest Lakes Roadway and Drainage MSTU
Recommendation to the Board for filling two vacant positions.
The Forest Lakes Roadway and Drainage MSTU has received and reviewed two applications by the
prescribed deadline for its two vacancies. Applicants were evaluated based on the potential
contributions to the Committee. The applicants meet the criteria required to be eligible for the committee
and the applicants reside within the MSTU's district boundary. Mr. Robert H. Jones has served in this
committee for the past 3 years and has only had 8 excused absences. Miss. Virginia M. Donavan has
served in this committee for the past 4 years and has only had 8 excused absences.
The Committee recommends the following applicants for re-appointment to the vacant terms as
indicated below:
NAME
Robert H. Jones
TYPE OF
APPOINTMENT
Re-Appointment
TERM
EXPIRES
April 21,2010
FlEW OF EXPERTISFJCATEGORY
Resident in Naples 12+ years, Graduated from
High School in New Castle Indiana, University
of Arizona, Continued Education in Erlam
College Riclunond Virginia - Business Law.
Background - Construction background in Golf
Courses/ColDImmities (Fla., Calif:, Tenn.),
Chairman of Leisure Product Systems - Nevada,
US Based Viking Sauna Company, Building
Industry ofN.AH.B (National Association of
Home Builders).
CommWlity Activities - Quail Run Golf Club -
3 year term, Forest Lakes Condo Assoc. - 2
year tenn. Current Chairman -Forest Lakes
Roadway and Drainage MSTU- 3 year term.
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No. 9A
April 11, 2006
Page 4 of 11
Memo- Sue Filson
March 17, 2006
Subject:: Forest Lakes MSTU-
Recommendation for two vacancies
Page 2
TYPE OF
NAME APPOINTMENT
Virginia M Donovan Re-Appointment
TERM
EXPIRES
April 21,2010
FIELD OF EXPERTlSFJCATEGORY
Resident in Naples 20+ years, Masters in
Education, B.A. in Education.
Background - Taught Biology, Earth Science.
Health Education, Science in Elementary School,
A Science Advisor fur Boston Public Schools.
Community Activities -Member of St. Williams
Catholic Women's' Club, Irish American Club,
Forest Lakes Condo Association. Current
Member of the Forest Lakes Roadway and
Drainage MSTU. - 4 year term.
Please let me know you need any other information
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No. 9A
April 11, 2006
Page 5 of 11
Forest Lakes Roadway & Drainage Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home PIrone DateRe-appt 2ndExpDate 2nd Term
Mr. Roger Somerville t 0/23/0 I 04/21/03 2 Years
190 Turtle Lake Court, #2 I 0 649-7157 OS/27/03 04/21/07 4 Years
Naples, FL 34 t 05
E-Mail:
District: 4
Ottegor)':
Mr. William L. Seabury 263-3643 04/25/95 04/21/99 4 Years
50 I Forest Lakes Blvd., #205 263-4090 OS/27/03 04/21/07 4 Years
Naples, FL 34105
E-Mail: wmseabury@aol.com
Di.ftrict: 4
Catego1J':
Mr. Robert H. Jones 06/08/99 04/21/02 3 Years /
1002 Forest Lakes Drive 649-8692 OS/28/02 04/21/06 4 Years
Naples, FL 34105
E-Mail:
Di,ftrict: 4
Ottegory:
Mr. George E. Fogg 261-6062 09/J 3/05 04/21/08 3 Years
628 Woodshire Lane, #G-l 261-6062
Naples, FL 34105
E-Mail: fogg62383@comcast.net
D;,ftrict: 4
Category:
Ms. Virginia M. Donovan OS/28/02 04/21/06 4 Years /'
1037 Forest Lakes Drive 649-5661
Naples, FL 34105
E-Mail:
District: 4
Ottego1J':
Wed/t(~sday. September 1./. 2005
Page 1 of2
Agenda Item No. 9A
April 11,2006
Page 6 of 11
Forest Lakes Roadway & Drainage Advisory Committee
NtIn,e
Work Ph01,e
Home Pirone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 5 member committee was created on 03110192 by Ord. No. 92-16 to aid and assist the
Board of County Commissioners in carrying out the purposes of providing and maintaining
improved roadway related drainage and roadway restoration within the area of the Unit as set
forth in County Ord. 91-107. The will also prepare and recommend an itemized budget, work
programs and priorities. Applicants must reside within the Forest Lakes Roadway & Drainage
MSTU. Terms are 4 years.
FL STAT 125.01
Staff: Darryl Richard, Project Manager, Transportation: 659-5775
Agenda Item No. 9A
April 11, 2006
Page 7 of 11
MEMORANDUM
DATE:
February 15,2006
Elections Office &
Sue Filson, Executive Manag ,
Board of County Commissio
RECEIVED
FEB f ," '." - :'
, 0 .....,..)
Board of County CommisSioners
TO:
FROM:
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
FOREST LAKES ROADWAY & DRAINAGE
COMMISSION DISTRICT
Robert H. Jones
1002 Forest Lakes Drive
Naples, FL 34105
1
1
Virginia M. Donovan
1037 Forest Lakes Drive
Naples, FL 34105
Thank: you for your help.
~ --_.._~-_.,-" ~-~
Agenda Item No. 9A
April 11, 2006
Page 8 of 11
MEMORANDUM
DATE:
February 15,2006
FROM:
Tessie Sillery, Transportation o~'ons
Sue Filson, Executive Manager '
Board of County Commissioner
TO:
RE:
Forest Lakes Roadway & Drainage Advisory Committee
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 follows:
Robert H. Jones
1002 Forest Lakes Drive
Naples, FL 34105
Virginia M. Donovan
1037 Forest Lakes Drive
Naples, FL 34105
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
--
e
-
Board of COUDty Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
February 02, 2006
Application for Advisory CODlmittees I Board
Name: Robert H Jones
Home Address: 1002 Forest I.a--., Drive
City: Naples Zip Code: 34105
Agenda Item No. 9A
April 11, 2006
Page 9 of 11
RECEf\/ED
@ FER (I i 2006
8uard ot COUIll'v (;Oll1rnjssloner~
Fax Number: 239-649-8414 BosiDes8 PbODe: 239-649-8692
Email Address:ljones657@Comcast.net
Place of Employment: Retired General Contractor State ofCalifomia
How long have you lived in Collier County? 12 Years
Have you ever been convieted of any offeaee against the law? No
Are you a registered voter in Collier Co_ty? Yes
Board I Committee Applied for: Forest Lakes Roadway and Drainage Advisory
Committee
Category: Presently Serve as Board Chairman
Do you currently hold public office: No
Do you now serve, or have you served on . collier County board
committee? Yes
If yes, please list the board committee: Forest Lakes Roadway and Drainage
Advisory Board, now serving as Board Chairman
~
-,
--
Agenda Item No. 9A
April 11, 2006
Page 10 of 11
Please list your community activities:
Quail Run Golf Club two 3 year terms, first term Director and Grounds committee
Chairman.
Second term President and Grounds committee Chairman
Forest Lakes Condo Association two 2 year terms
First term Director and Building committee, second term Vice President 1 year
Second year acting President and Building committee served one year as Director at
Large and Chairman of long range Planning Committee.
Education:
High School New Castle, Indiana,
University of Arizona in Tucson Arizona.
Continued education at Indiana University extension Edam College Richmond, Indiana,
Business Law.
Experience I Background:
Extensive construction background building Golf Courses and Golf Course Communities,
Florida, California and Tennessee.
Serve as Board Chairman of Company founded in 1962 Leisure Product Systems selling
and marketing in California and Nevada. Building Specialties to the Construction
Industry located in San Jose, California.
Served as President of several start up Companies in the United States for Sales and
Marketing by A-B Bahco Industrial Group of Stockholm, Sweden, selling Bahco tools to
Auto Industry Service Departments. Selling electric Sauna Units manufactured by A-B
Bahco Heating and Ventilation Division.
U.S. based Viking Sauna Company Nation wide Distributor. Group of over 50
Distributors Nation wide to the U.S.A.
Building Industry N.A.H.B.( National Association of Home Builders).
A.B.M.E.C Man, Manufactures of Air and Oil driven Hydraulic Cylinders and the
operating Systems for same used for Aircraft landing gear heavy lifting cranes, heavy
duty construction equipment, Bulldozer, Scrapers, Front and End Loaders, Dump Trucks
ect.
I would like to continue this MSTU Project to conclusion of the Master Plan
and Financing.
I~J'i.JV t ~
Robert H Jones
~
-~~
\.;
e
~' Board of County Commissioners
.t:) ~ 3301 East Tamiami Trail
CEIVE~apJes, FL 34112
(239) 774-8097
JAN 3 0 2006 Fax: (239) 774-3602
Agenda Item No. 9A
April 11, 2006
Page 11 of 11
Board of County CommISSioners
Application for Advisory Committees/Boards
Name: V: ~:h =-1 IJI. Dt1n 0 II (i,n Home Phone: 23'1- "'I? - 366 J
Home Address: 1d.37 F(j rest lak~ Dr; Ve 11I1Je..(" Zip Code: 3 r.J I f1 S-
)
Fax No. Business Phone: e-mail address:
Place of Employment:
Re/;..eJ
Board or Committee Applied for: PM/!!.$"/- La: ke.s R,,, fEr! tl1a....y ~ })ra ;;"Qje Ijdv"~oJ C,""111 ;-!fee
Category (if applicable):
Example: Commission District, Developer, environmentalist, I.y person, ete.
How long have you lived in Collier County: Years 2.t1 Months
/
Are you a registered voter in CoUier County: Yes .J No
.
Do you currently hold public office? Yes
If so. what is that office?
No
v
Have you ever been convicted of any offense against the Law?
If yes, explain:
Do you now serve, or have you ever served, on a CoUier Couqty board or committee? Yes V No
I~~~p~;ske committeeslboards: Po t'~S+ [a-Ke.s R. nn d l;1Jrl r "'-1) H'J . h a.. je /Jd V ; S"cl to 'j
Yes
No
V'
Please list your community activities (civic clubs, neighborhood associations, etc. and positions
held: ~~be~ {!)~~~Lf-:!'~=:~ ~~ill i: ~:= nc~} e 'Vb ~~ l1n-M$r"t"'~l7
c..luh }~r<Z.s+- J-fLkes r>",...do lo:::sn. -~",-j-h~ MSTlJ Id
8 11 J /11 J;.d .w;-i-h 'If, ~red~ -ts hey fS I1d YYJ '/ /J:Jr del-S'
1;~;~ ~~ :tAf;-:i!~~~~.~ ~()~1::,,/j2lri!?4t;:~/
Education:
e
PINlSe aItIlch any tuiditiolUl/ info""ation you feel pertinent. This IIpplicaJion should be fOt'Wtlrded to Sill! Filson, Executive MIlIl/lge,. to
the Board of County Commissioners, 3301 East Ttlmiami Trail, NtlpIu, FL 34112 q)'Ou wish. p/etlse fax )'OU" "Pplication to
(239) 774-3602 0,. e-mail tosuefilson(ii).coUie1.l!0v.net. Thank you fo,. volunteering to serve the citir.ens of Collier County.
EXECUTIVE SUMMARy.....
Agenda Item No. 9B
April 11 , 2006
Page 1 of 8
:' ""-. ,". ,.'..','."." .:..'.-:,.::::,: ..::"</'
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY
COMMITTEE .
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on May
22,2007, to the Collier County Coastal Advisory Committee.
CONSIDERATIONS: The Collier County Coastal Advisory Committee has 1 vacancy due
to a resignation, with the term expiring on May 22, 2007. This 9 member committee was created
by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of
unified beach erosion control and inlet management programs within the unincorporated and
incorporated areas of Collier County, and to advise the Board of County Commissioners and the
Tourist Development Council (TDC) of project priorities with respect to funding sources that are
available to Collier County for restoration and protection of its shoreline. The committee is
composed of 3 members from the unincorporated area of Collier County, 3 members from the
City of Naples and 3 members from the City of Marco Island. Selection for membership on this
committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics,
coastal management programs, or demonstrated interest in such programs; relevant education
and experience; leadership and involvement in community affairs; and willingness to attend
meetings and to undertake and complete assignments. After initial appointments, terms will be 4
years. A list of the current membership is included in the backup.
,-
Mr. John A. Arceri, former Marco Island City Councilman resigned his position on the Collier
County Coastal Advisory Committee. A letter was received from A. William Moss, Marco
Island City Manager advising that Marco Island City Council is recommending that Councilman
E. Glenn Tucker be appointed to fulfill the remainder of the vacant seat.
APPLICANT
CATEGORY
DlST ELECTOR ADV. COMM.
E. Glenn Tucker
Marco Island Ci Councilman
None
COMMITTEE RECOMMENDATION: Marco Island Appointment - E. Glenn Tucker
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: APRIL 11, 2006
",--.
Agenda Item No. 98
April 11, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
98
Appointment of member to the Collier County Coastal Advisory Committee.
4/11/20069:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
BCC Office
3/23/20064:36:10 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3130/20068:12 PM
"
Agenda Item No. 98
April 11, 2006
Page 3 of 8
City of Marco Island
March 27, 2006
Ms. Sue Filson, Executive Manager
Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112-4977
VIA FACSIMILE 774-3602 and US MAIL
Re: Appointment to Collier County Coastal Advisory Committee
Dear Ms. Filson:
In February 2001 the Cities of Marco Island and Naples assisted Collier County in creating a new Collier
County Coastal Advisory Committee. The Committee was created to assist the Board of County
Commissioners with its establishment of unified beach erosion control and inlet management programs
and to advise the Board of project priorities with respect to funding sources that are available to Collier
County for restoration and protection of its shoreline. Of the nine-member composition, three members of
the Committee are from Marco Island. The Marco Island City Council may endorse and submit the names
of individuals for consideration for appointment to the CAC by the Board of County Commissioners.
Members on the CAC from Marco Island are Ronald Minarcini and Paul Sullivan. Committee member and
former Marco Island Councilman, John Arceri, recently resigned from the CAC.
The Marco Island City Council met on March 20, 2006 and agreed to recommend the appointment of
Councilman E. Glenn Tucker to serve the unexpired term of John Arceri. Councilman Tucker's brief
resume is attached.
We respectfully ask that you forward our City Council's recommendation to the Board of County
Commissioners for the appointment of Councilman E. Glenn Tucker to the Coastal Advisory Committee.
Sincerely,
~;~R'l-?
City Manager
AWM/bal
Enclosure(s)
CC: City Council
Jim Mudd, County Manager
Gary McAlpin, Coastal Project Manager
50 Bald Eagle Drive, Marco Isl4IlJ, Florida 34145
(239} 389-5000 FAX {239} 389-4359
www.cityofmarcoisland.com
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Agenda Item No. 98
April 11, 2006
Page 4 of 8
E. GLENN TUCKER Phone: 239-394-5151
950 North Collier Blvd. Ste. 204 Born: Louisville, Kentucky
Marco Island, FL 33937 July 25, 1943
Marital
Status: Single
EDUCATION
Northwestern University School of Law, Chicago, Illinois
Class of 1973: Dean's List
University of Louisville, Louisville, Kentucky
B.A. Mathematics, 1965: Dean's List, Pi Sigma Alpha, Political Science Honorary
EMPLOYMENT
Rhodes & Tucker, Attorneys - Partner
Suite 204, 950 N. Collier Blvd., Marco Island, Florida 34145;
April, 1978, through the present.
General Practice including: real estate practice, estate planning, probate, civil trial
practice, corporate and business planning
Attorney for Marco Island Area Association of Realtors.
Treadwell, Emerson & Elkins, P.A.
800 Harbour Drive, Naples, Florida 33940;
May, 1974, through April, 1978.
General Practice
Foss, Schuman & Drake, Attorneys
11 South LaSalle Street, Chicago, Illinois 60603;
March, 1971, through April, 1974.
General Rractice
I
United States Naval Submarine Service - June, 1965, through July, 1970.
PROFESSIONAL ORGANIZATIONS
Member of Florida Bar since 1975.
Member of Illinois Bar since 1973.
Member - American, Collier County, Illinois Bar Assoc.
Past President - Collier County Bar Association (1985-86).
Member - Standing Committee on Unauthorized Practice of Law 1992 - 1998
COMMUNITY ACTIVITIES
Forum Club of Collier County, Inc. - Past Director
Lawyers' Abstract Service, Inc., Board of Directors
(President, 1991-1992)
Mental Health Association - Past Director
Marco Island Rotary Club - Member (President, 1990); Recipient of Paul Harris
Fellowship Award
/
..,
.. ..- 4
Agenda Item No. 98
April 11. 2006
Page 5 of 8
Naples Area Board of Realtors Legal Resources Committee -
The Community Foundation of Collier County - Past Director
Marco Island YMCA - Directo'r 20 years, Past President
Marco Island Resident's Beach Association, Past Director, President
Marco Island City Council, 1997 - present, Chairman 2001 -
Former Trustee Youth Haven
l
,.
..
Agenda Item No. 9B
April 11, 2006
Page 6 of 8
..
" Collier County Coastal Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Anthony P. Pires, Jr. 649-6555 OS/22/01 OS/22/05 4 Years
209 Madison Drive 05/10/05 OS/22/09 4 Years
Naples, FL 34110
E-Mail: apireS@wpl-legal.com
District: 2
Category: Collier County
Ms. Heidemarie Kulpa 566-8389 09/21104 OS/22/07 3 Years
766 Wiggins Bay Drive 566-8389
Naples, FL 34110
E-Mail:
District: 2
Category: Collier County
Mr. Gerald W. Camiener 514-1148 05/10/05 05122/07 2 Years
7022 Green Tree Drive 514-1148
~'.
Naples, FL 34108
E-Mail:
District: 2
Cmegory:CollierCoumy
Mr. Ronald J. Minarcini 05/10/05 OS/22/09 4 Years
4000 Royal Marco Way, Apt. 927 393-0615
Marco Island, FL 34145
E-Mail: nninarcini@ao1.com
District: 1
Category: Marco Island
Mr. John A. Arceri 394-8852 02/11/03 OS/22/07 3+ Years
1228 Lamplighter Court 394-8852 01127/04 OS/22/07
Marco Island, FL 34145
E-Mail:
District: 1
Category: Marco Island
c
Wednesday, May 11, 2005
PagelofJ
Agenda Item No. 98
April 11, 2006
Page 7 of 8
C~ Collier County Coastal Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Paul W. Sullivan 06/08/04 OS/22/08 4 Years
1330 Caxambas Ct. 393-9125
Marco Island, FL 34145
E-Mail:
District: 1
Category: Marco Island
Mr. Murray H. Hendel 05/11/04 OS/22/08 4 Years
4301 Gulf Shore Blvd., N. 262-0738
Naples, FL 34103
E-Mail: murrp2h@aoI.com
District: 4
Category: City of Naples
Mr. Ronald M. Pennington OS/22/01 OS/22/03 2 Years
3430 Gulf Shore Blvd., N., Unit 2F 263-6935 02/10/04 OS/22/07 4 Years
C) Naples, FL 34103
E-Mail:
District: 4
CaJegory: City of Naples
Councilman John F. Sorey, III 213-1015 03/09/04 OS/22/05 1 Year
735 Eighth Street, South 05/10/05 OS/22/09 4 Years
Naples, FL 34102
E-Mail:
District: 4
Category: City of Naples
c_
Wednesday, May 11, 2005
Page2of3
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Agenda Item No. 9B
April 11, 2006
Page 8 of 8
Collier County Coastal Advisory Committee
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist
the Board of County Commissioners with its establishment of unified beach erosion control and
inlet management programs within the unincorporated and incorporated areas of Collier County.
and to advise the Board of County Commissioners and the Tourist Development Council (TDC)
of project priorities with respect to funding sources that are available to Collier County for
restoration and protection of its shoreline. The committee is composed of 3 members from the
unincorporated area of Collier County, 3 members from the City of Naples and 3 members from
the City of Marco Island. Selection for membership on this committee will be based upon the
applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or
demonstrated interest in such programs; relevant education and experience; leadership and
involvement in community affairs; and willingness to attend meetings and to undertake and
complete assignments. After initial appointments, terms will be 4 years.
City of Naples - 213-1015
Marco Island - 389-5000
FL STAT
Staff: ~J: ~~.~,( i~~rism Office: 213-2966
1t::i;;':,:.".I ....., "'-
Wednesday, May 11, 2005
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Page3of3
Agenda Item No. 9C
1 2006
of 8
OBJECTIVE: To reappoint 1 member to serve a 4 year term, expiring on March 3, 2010, to the
Radio Road Beautification Advisory Committee.
CONSIDERATIONS: The Radio Road Beautification Advisory Committee had 1 term
expire on March 3, 2006. This 5-member committee was established on October 21, 1997 to aid
and assist the Board of County Commissioners in carrying out the purposes of providing curbing,
watering facilities, p1antings and maintenance of the median areas as set forth in Ordinance No.
96-84. This 5 member committee shall recommend work programs and priorities to the County
Administrator or his designee. Members shall be permanent residents within the MSTD. After
initial staggered terms, terms will be 4 years. A list of the current membership is included in
the backup.
The term for Helen Carella expired on March 3, 2006. A press release was issued and 1 resume
was received from the following interested citizens:
APPLICANT
CATEGORY
~ ELECTOR ADV. CO MM.
Radio Road Beautification
Advisorv Committee
Helen Carella-reappt
Resident of Briarwood
._ COMMITTEE RECOMMENDATION: Helen Carella - reappointment
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMP ACT: 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: APRIL 11, 2006
-
Agenda Item No. 9C
April 11, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9C
Appointment of member to the Radio Road Beautification Advisory Committee.
4/11/20069:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
3/23/20064:36:10 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/30/20067:31 PM
Agenda Item No. 9C
April 11, 2006
Page 3 of 8
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM: Tessie Sillery, Operations Coordinator
DATE: March 27, 2006
SUBJECT: Radio Road Beautification MSTU
Recommendation to the Board for filling vacant position.
The Radio Road Beautification MSTU has received and reviewed one application by the prescribed
deadline for its vacancy. Applicant was evaluated based on the potential contribution to the Committee.
The applicant meets the criteria required to be eligible for the committee and resides within the MSTU's
district boundary. Mrs. Helen Carella has served in this committee for the past 4 years and has only had
1 excused and 1 unexcused absence.
The Committee recommends the following applicant for re-appointment to the vacant term as indicated
below:
NAME
Helen Carella
TYPE OF TERM
APPOINTMENT EXPIRES
Re-Appointment March 3, 2010
FIELD OF EXPERTlSFJCATEGORY
Resident in Naples 14+ years, Graduated - Business
Secretarial School
Background - - 4 years . Committee Member with the
Radio Road Beautification MSTU
Community Activities. Volunteer for Civil Process-
Building J - Collier County Government
Please let me know you need any other information
Transportation Services Division
All. Transportation Modes Department
Agenda Item No. 9C
April ii, 2006
Page 4 of 8
, Radio Road Beautification Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-oppt 2ndExpDate 2nd Term
Ms. Gloria S. Patterson 261-1551 04/12/05 03/03/09 4 Years
741 Landover Circle, #103 348-1363
Naples, FL 34104
E-Mail: glopat@myexpe1.com
District: 3
CIltegory: The Shores @ Berkshire
Mr. Dale L. Lewis 05/02100 03/03/04 4 Years
168 Oceans Boulevard 643-7369 01113/04 03/03108 4 Years
Naples, FL 34104
E-Mail: adlewisI68@juno.com
District: 3
~egory:Wmd~~Vil~e
Ms. Betty R. Schudel 01/13/04 03/03108 4 Years
6644 Vancouver Lane 352-1212
Naples, FL 34 J 04
E-Mail:
District: 3
Category: The Shores @ Berkshire Lakes
Mr. Wilfted Jaeger 09/01198 03/03/01 3 Years
139 Artie Way 643-5029 04112/05 03/03/09 4 Years
Naples, FL 34104
E-Mail:
District: 3
Category: Foxfire
Ms. Helen Carella 06/25/02 03/03/06 4 Years ~
5090 Coldstream Lane 434-2865
Naples, FL 34104
E-Mail:
District: 3
Category: Briarwood
W<<inesday, April 13, 2005
Pag~ 1 of2
Agenda Item No. 9C
April 11.2006
Page 5 of 8
r-
Radio Road Beautification Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee... crated on October 21, 1991, by Ordinance No. 91-52 to aid
end nalat the Boerd of County Commi8llonera In canying out the purposes of providing
curbing, watering facilities, plantings and maintenance of the median areas as set forth in
Ordinance No. 96-84. The committee shall recommend worlc programs and priorities to the
County Administrator or his designee. Members shall be permanent residents within the
MSTU. Terms are 4 years.
,..--.
FL STAT 125.01
Staff: .Liz Bebee", Transportation Operations Coordinator: 4f1'"-t)08 r
-resS"u~. $; Hoerr ~, 3 -.s1IC(O
Agenda Item No. 9C
April 11, 2006
Page 6 of 8
MEMORANDUM
DATE:
March 3, 2006
Elections Office ~
Sue Filson, Executive Manager ....
Board of County Commissione
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
RADIO ROAD BEAUT ADV COMM
COMMISSION DISTRICT
Helen Carella
5090 Coldstream Lane
Naples, FL 34104
1
Thank: you fur your help.
MEMORANDUM
Agenda Item No. 9C
April 11 , 2006
Page 7 of 8
DATE:
March 3, 2006
TO:
Tessie Sillery, Transportation Osp/pe. .
Sue Filson, Executive Manager I
Board of County Commissioner ~
FROM:
RE:
Radio Road Beautification Advisory Committee
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Helen Carella
5090 Coldstream Lane
Naples, FL 34104
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 reconnnended for
reappointment.
Please ~tegorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank. you for your attention to this matter.
SF
Attachments
e
~
,
.'
Q :~Agenai;tltem N). 9C
\. . April 1'1,<'2006
r Page 8 of 8
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Application for Advisory CommitteeslBoards
Name: If }oWN 6I[rtE"I-~A- BomePbone: ~3/j-;fff'~5"
BomeAddress: tJ't/ '10 COAIJfi'"fJe5?fff L/I1l/lF Zip Code: 3~/o ~
Fax No.
Business Phone:
--"""
e-mail address: ~
Place of Employment: 12 e-rJ l2.EP
Board or Committee Applied for: JE.~DJtJ f20!J'J) ~e=r/J (/,IP/CA--Tloll lIP V otJHv
Category (if applicable): ---
Example: Commillion District, Developer, environmentalilt, lay penon, ete.
Bow long have you lived in Collier County: Years
)~
v/
Months
Are you a registered voter in Collier County: Yes
Do you currently bold public office? Yes
If so, wbat is that office?
No
No
~
Yes
No V
Have you ever been convicted of any offense against the Law?
If yes, explain:
Do you now serve, or bave you ever served, on a Comer County board or committee? Yes / No
If yes, please list the committeeslboards:
~I( D I 0 (.ltN't1J 'B J; ff V T ,F1e.."ffja/. /f1) 1/) S OR Y e.."o JI1 fl( } T)1::-c
Please list your community activities (civic clubs, neighborhood associations, etc. and positions
held:
t/ ~ 1-- V II tt::-t:!' te / N C-) 1// L- P JU:> C e- ~ 111 k-D c;. J,
Education: If 10 II ~ ~H-t>tA...._, - FJ IJ's' /t/:rGS ~ e-c.. ({..eJ /.4--1- C-CJv4-fi'E
Experience: 7;::::;;;% I1r/ ~ ,U~ ~;~. ./A/~ L.;: ~
4~/<I . .
PIetue tlIttIch 41'11)' 11441tJo'"" in/fN7fUItioll yoM/eel pertillellL This tIpplicllliOll MtnUII be /_rded to SlIe Filso1l, Euclltive Mtlllllger to
the BotUtI o/CtJIIlfIy C__isslollers, 3301 &st T,,_liuIIl Tndl, NtIplu, FL 34112. 1/)'014 wish, pktue/tIX yoMr tlpplictdioll to
(239) 774-3602 or e-mtlil to suefilson<iix:o/lie/'1l0v.net. Tltturk YOII/or volll1lteerillg to serve lite citiUIIS of Collier eo"lIty.
EXECUTIVE SUMMARY
Agenda Item No. 90
April 11 , 2006
page 1 of 10
APPOINTMENT OF MEMBER(S) TO THE ANIMAL SERVICES ADVISORY BOARD
OBJECTIVE: To appoint 1 member to serve a 4 year term, expiring on April 13, 2010, to the
Animal Services Advisory Board.
CONSIDERATIONS: The Animal Senrices 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 of four (4) years; two (2)
members shall serve a term 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:
1 - Humane Society of Collier County
1 - Law Enforcement
1 - Veterinarian or Vet Tech
1 - 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.
Ms. Susan Weiss resigned her position on January 3, 2006. Several press releases were issued
and 1 resume was received from the following interested citizen:
APPLICANT
CATEGORY
DlST ELECTOR ADV. COMM.
I Larry Greenberg
I Pet Retail
~ None
COMMITTEE RECOMMENDATION: 3-2 vote not to appoint Mr. Greenberg
NOTE: I advertised in January and again in February with only 1 interested applicant.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMP ACT: 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: APRIL 11, 2006
Agenda Item No. 9D
April 11, 2006
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
90
Appointment of member to the Animal Services Advisory Board.
4/11/20069:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Com missioners
BCC Office
3/23/20064:36:10 PM
Approved By
James V. Mudd
Board of County
Com missioners
County Manager
Date
County Manager's Office
3/30/2006 8:37 PM
Agenda Item No. 9D
April 11, 2006
Page 3 of 10
INTEROFFICE MEMORANDUM
TO: SUE FILSON, BCC EXECUTIVE MANAGER
FROM: MARGO CASTORENA, DAS DIRECTOR
SUBJECf: DAS ADVISORY BOARD VACANCY
DATE: MARCH 29,2006
CC: MARLA RAMSEY, PSD ADMINISTRATOR
The Domestic Animal Services Advisory Board (DASAB) convened on March 21, 2006 for their
regular monthly meeting. At the meeting the advisory members reviewed the application of Mr.
Larry Greenberg for the Pet Retailer vacancy of the DASAB. No other applications were received
for this vacancy. After much discussion, the board voted 3-2 not to recommend Mr. Greenberg for
the vacancy (Nays: Kepp, Antonia, Musci; Ayes Eisel and Acquard,; Sgt Estes was absent).
Collier County BCC Resolution 2004-06 (Section 2, para 1, a-e) outlines the composition of the
board as 1 veterinarian or veterinary technician representative; 1 humane society representative; 1 law
enforcement representative; 1 pet retail, boarding or grooming representative; 1 animal rights group
representative, and 2 at large members. Mr. Greenberg as owner of the Pet Magnetism Pet Shop
does qualify as a representative of the pet retail business sector.
Should you or the Board of County Commissioners have any questions regarding this memo, or the
discussions of the DASAB please feel free to contact me.
Agenda Item No. 9D
April 11, 2006
Page 4 of 10
r 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 04/13/08 4 Years
44124th Avenue, N.E. 455-8318
Naples, FL 34120
E-Mail: ladij@att.net
District: 5
Category: At-Large
Dr. Randall Eisel 513-1m 04/13/04 04/13/08 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@aol.com
Distrid: 3
Category: Humane Society of Collier County
Ms. Michele Antonia 377-0981 10/11105 04/13/07 2 Years
7620 Rookery Lane 353-1901
Naples, FL 34120
E-Mail: bhumane@earthlink.net
Distrid: 5
Category: Animal Activist Group
b
Wednesday, March 15, 1006
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Page 1 of3
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Agenda Item No. 9D
April 11. 2006
Page 5 of 10
Animal Services Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Susan Weiss {fl~f>~ 592-9388 04/13/04 04/13/06 2 Years
6615 Chestnut Circle \-.,.~ 594-6980
Naples, FL 34109
E-Mail: susan3@arknaturals.com
District: 2
Category: Pet Retail
Ms. Sabina Angela Musci 261-6060 03/14/06 04/13/10 4 Years
4470 32nd Avenue, S.W. 455-8386
Naples, FL 34116
E-Mail: sam4470@earthlink.net
District: 3
Category: At Large
I[;;:E;::....... ~,
Wednesday,lIfarch 15, 2006
~~-
Page 2 of3
- -",:",~
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Agenda Item No. 9D
April 11, 2006
Page 6 of 10
Animal Services Advisory Board
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt lndExpDate
Term
lnd Term
This 7-member board 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 tenn of
four (4) years; two (2) members shall serve a tenn of three (3) years; and two (2) members
shall ~rve a tenn of two (2) years. After initial appointments. tenns will be 4 years.
Membership shall represent the following categories:
1 - Humane Society of Collier County
1 - Law Enforcement
1 - Veterinarian or Vet Tech
1 - Animal Activist Group
1 - Citizen in the Pet Retail, Boarding or Grooming Industry
2 - At Large
FL STAT
Staff: Marco Castorena, Director, DAS: 530-7387
~ . >
Wednesday, March 15, 2006
.---
'1:~~~~~
=
Page 3 of3
Agenda Item No. 90
April 11, 2006
Page 7 of 10
MEMORANDUM
DATE:
March 3, 2006
Elections Office ~ \
Sue Filson, Executive Manager . 6
Board of County Commissioners
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
ANIMAL SERVICES ADVISORY BOARD
COMMISSION DISTRICT
Larry Greenberg
3371 7th Avenue, N.W.
Naples, FL 34120
5
Thank you for your help.
MEMORANDUM
Agenda Item No. 9D
April 11, 2006
Page 8 of 10
DATE:
March 3, 2006
FROM:
Margo Castorena, DAS Direct~r
Sue Filson, Executive Manager \
Board of County Commissioner I
TO:
RE:
Animal Services Advisory Board
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Larry Greenberg
3371 7th Avenue, N.W.
Naples, FL 34120
Please let me know, in writing, the reconunendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive sunnnary for the Board's consideration.
Please include in your return memo the attendance records of the applicants recommended 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
Agenda Item No. 9D
April 11. 2006
Page 9 of 10
Board -of County CODlrnissfoner.; ~
.UtlI F..- T.....d T~"- I
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Application foJ" Advisory Committe-es/Boar-ds
NIDIC': L ^~~:'1 G ^E'E~e,~ 6 J4_I.....lWr~:;, ~..::;"-l;--~ ,,",2. '0
H_&" .'Wdress: 3. ~ ~ \ - ~ A-v ,;2 ~ W ~ CMk; :s ~ .\ 1.. !)
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Agenda Item No. 9D
April 11, 2006
Page 10 of 10
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Agenda Item No. 9E
April 11, 2006
Page 1 of 14
EXECUTIVE SUMMARY
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MEMBER(S) TO THE TOURIST DEVELOPMENT COUNCIL
OBJECTIVE: To appoint 2 members (1 to fulfill the remainder of a vacant term, expiring on
April 21, 2008 and 1 to a 4-year term expiring on April 21, 2010) to the Tourist Development
Council.
CONSIDERATIONS: The Tourist Development Council has 1 term expiring on April 21,
2006 and 1 vacancy due to a resignation. 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.
-
Mr. Douglas House resigned on February 1, 2006 and the term for Mr. Ronald Albeit expires on
April 21, 2006. A press release was issued and resumes were received from the following 2
interested citizens:
APPLICANT
CATEGORY
~ ELECTOR ADV. COMM.
Edward R. Olesky Owner IOperator 5 Yes Parks and Recreation
Lake Trafford Task Force
Immokalee Master Plan
Rick Medwedeff Owner/Ooerator I Yes None
COMMITTEE RECOMMENDATION: Edward R. Olesky - term expiring on April 21, 2010
Rick Medwedeff - term expiring on April 21, 2008
NOTE: NOTE: Section Five (D) of Ordinance 2001-55 states that "No person shall serve
on more than two County Boards simultaneously. If application is made for service on a
third Board, the applicant must resign simultaneously from one of his or her current Board
positions, or the application for a third Board shall be disqualified. This provision,
however, may be waived to allow for service on additional Boards provided the
Commission votes unanimously to waive such provision. According to my records Mr.
Olesky currently serves on the Parks and Recreation Advisory Board, the Lake Trafford
Task Force and the Immokalee Master Plan and Visioning Committee. If Mr. Olesky is
appointed the Board will have to waive Section Five (D) of the ordinance.
-
FISCAL IMP ACT: NONE
Agenda Item No. 9E
April 11, 2006
Page 2 of 14
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: APRIL 11, 2006
Agenda Item No. 9E
April 11, 2006
Page 3 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9E
Appointment of members to the Tourist Development Council.
4/11/20069:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BeC
Date
Board of County
Commissioners
BCC Office
3/23/20064:36:10 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/31/20064:55 PM
Agenda Item No. 9E
April 11, 2006
Page 4 of 14
Naples @
Marco Island
~
Everglades
PARAVISE COAST
MEMORANDUM
TO:
Sue Filson, Executive Manager
Board of County Commissioners
Fax #774-3602
FROM:
Debbie McCabe, Administrative Assistant
Naples, Marco Island, Everglades CVB
DA TE:
March 30, 2006
SUBJECT:
Tourist Development Council- Vacancies
At the March 27, 2006 Tourist Development Council (TDC) meeting, the
following applicants were reviewed by the TDC and the following
recommendations were made:
The TDC unanimously recommended Edward R. Olesky and Rick Medwedeff
to fill the two (2) vacancy positions for owner/operator and serve on the TDC.
Please see the applicant information attached for your review. Thank you for
presenting it to the BCC for their April 11th meeting.
If you need anything else, please do not hesitate to contact me.
Convention & Visitors Bureau
3050 N. Horseshoe Drive #218, Naples, FI 34104
T (239) 403-2384 · F (239) 403-2404
Web site www.classicfJorida.com
:.~
t Agenda Item No. 9E
I ^ ".. ..,,,,,'"
-- ;!: ,
I . Page 5 of 14
1
I March 27, 2006
N Wi Business V1-1
.' 2of6
CAlOQDA'l'J:'8 OCCUPA.'I1ON me: ; llIIIDENCY
NAME .
B4wa It O~ fiOO1 LMD Rd ~.LID~ sa )!lID Ja CoIJiIr
PI. 34142 MIdDa.llVPIIt -
,
I
Rk:k~ 400 S. eow. Blvd. G-..l M8Mpr, ~1I1ID4 1-2 )'\WI in CaUiclr
MIIQO IaIIIId, FL 34145 MIrria&t:a..t OolfOab .k Couat;y
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Agenda Item No. 9E
April 11, 2006
Page 6 of 14
(' Tourist Development Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Chainnan Frank Halas 774-8097 01/10/06 01/09/07 1 Year
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail: frankhalas@colIiergov.net
District: 2
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@naplesgov.com
District: 4
Category: Municipal Officer - City of Naples
Mr. E. Glenn Tucker 389-5000 05/02/00 04/21/04 4 Years
50 Bald Eagle Drive, Suite 204 03/23/04 04/21/08 4 Years
C~'. Marco Island, FL 34145
E-Mail: friartuck3 725@cs.com
District: 1
Category: Municipal Official - Marco Island
. 'OI"'"J, ./
51 04/13/04 04/21/08 4 Years
Mr. Douglas House ,€.. J l~oli 695-4400
408 Buckner Avenue ,. 69>3762
Everglades City, FL 34139
E-Mail:
District: 5
Category: Owner/Operator
Mr. Clark Wakefield Hill 4304900 07/26/05 04/21/07 2 Years
15515 Cedarwood Lane, #102 536-5076
Naples, FL 34110
E-Mail: chill@cooperhotels.com
District: 2
Category: Owner/Operator
Wednesday, March 15, 2006
Page 1 of]
(,
Agenda Item No. 9E
April 11, 2006
Page 7 of 14
(- Tourist Development Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
VACANT 03/11/03 04/21/07 4 Years
P.O. Box 619
Everglades City, FL 34139
E-Mail:
District: 5
Category: M\lnicipal- Everglades City
Mr. Murray H. Hendel 04/13/04 04/21/08 4 Years
4301 Gulf Shore Boulevard 262-0738
Naples, FL 34103
E-Mail: murrp2h@aol.com
District: 4
Category: Non-OWner/Operator
Mr. Ronald Albeit 594-6001 05/10/05 04/21/06 1 Year ./
1919 Timberline Drive 596-9455
Naples, FL 34119
~ E-Mail: ralbeit@naplesresort.com
District: 2
Category: Owner/Operator
Ms. Susan M. Becker 03/26/02 04/21/06 4 Years
371 Eleventh A venue South 261-n08 03/14/06 04/21/10 4 Years
Naple~ FL 34102
E-Mail: sssbecker@msn.com
District: 4
Category: Non-Owner/Operator
-
JII: -
-~-
Wednesday, March IS, 2006
Page 2 013
'-.-'
Agenda Item No. 9E
April 11, 2006
Page 8 of 14
(
Tourist Development Council
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
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 revenues, and to review all expenditures of revenues from the
tourist development trust fund. Membership consist of the Chainnan of the BCC, 3
owner/operators, 3 non-owner/operators and 2 elected municipal officials. Tenns 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
municipalities are legally created in Collier County, then those municipalities shall be included
in the rotation process for the second municipal seat.
Reso 2002-226 adopted on 5-14-02 pennitting municipalities to recommend TDC appointees,
with membership consisting of Chainnan of BCC, 3 municipal representatives, 3
owner/operators and 2 nonowner/operators.
On 9-21-04 BCe 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
"
c
WednesdQ:)" March 15, 1006
PageJ 0{3
~
Agenda Item No. 9E
April 11, 2006
Page 9 of 14
MEMORANDUM
DATE:
March 3, 2006
FROM:
Elections Office ~
\
Sue Filson. Executive Manager
Board of County Commissioners W
TO:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
TOURIST DEVELOPMENT COUNCIL
COMMISSION DISTRICT
Edward R. Olesky
6001 Lake Trafford Road
Irrunokalee, FL 34142
5
Rick Medwedeff
400 S. Collier Boulevard
Marco Island, FL 34145
}
Thank you for your help.
MEMORANDUM
Agenda Item No. 9E
April 11, 2006
Page 10 of 14
DATE:
March 3, 2006
TO:
Debbie McCabe, Tourism Depart~n
Sue Filson, Executive Manager I
Board of County Commissioner ..
FROM:
RE:
Tourist Development Council
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this conunittee to submit an application
for consideration. I have attached the applications received for your review as follows:
Edward R. Olesky
6001 Lake Trafford Road
Immokalee, FL 34142
Rick Medwedeff
400 S. Collier Boulevard
Marco Island, FL 34145
Please let me know, in writing, the reconnnendation 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 tbe attendance records of the applicants reconnnended 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
U~/~JllUUD ~U:JY .'A! U41774JtiU~
Bee
Agendal11r:ml:f\lo.96-
April 11, 2006
Page 11 of 14
-
Board of County Commissioners
3301 East TIUIIi....d Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-360%
AppHcatioD for Advisory CommitteesIBoards
N....' C::h. ~ rZcLf:? ~ oS ~ ~ _ Hom. ......, d.?'1- bS7 -;:) If() J
Rome Address: b--9) Lu.ke TrQ-.:!or ~ & Zip Code: 3 ~ I '+ 2
Fax N~ 3"1. hS^" .'j? '-/01 B..iDe$! Phone: .s~ Yl""':> f. ~ ~~m.n address:
)"laee of' Employment:Y)-\<-C -"\ Y" t'A:. .\.:.\:{"IY' Lo--,""Y"'\ c.Lf\....vY\. c...
Board or CCJlrumttee Applied for: '\ DC-
Category (ihpplit:able): -P.n t i,e.cc:-1"\ry"U".....+ o:....~.p l,"l~ t"v.A...J) 0'..-....
EDIIlple. Cotamis.. Diaaic&, J__rwr, ....i..-mliR. la, ....... lICe. ~
Bl)1I\' long have you lived jn Collier COWlty: Yearll..3iJI Moutlas - c:-
Are you . registered voter in Collier Coaoty: 'V8I V-- No
Do you ~tly bold public omce? Yes ~ No
I! so, ""h. \~ th:tt IIffice! ..:.r.-,.,.'""I rOY-I":) Ie a...t:..t!... ..::1J "''' (!".,., ::'/.IWf UL'J
() L.'l?71-~JIJl'"
~
Have you ever been convicted of lID)' ofl'ense aEalnst tile Law?
If yes. oplalll:
PD you ..ow serve, Dr have )'ou ltVer ~erw:!I. _ a Co~ CoaDty boan1...J!.r eomml.~ Yes (/""' No
If yes, pl_listthEeoIlUllhlCe5lbaards:.f, it' nrlcJ1 ;L'nol..uJ6' ~t/~~ 1:::-," .. "/10;"""1 ~..t.i!P
(' C. 4'W+, i) i- ..1 rn ',-" i' (,.", , ....J,. /'\ I '"",;'" .. ., YYll'Y' tY')..- .d....y f /4..;'. w~" d -l M.I fQ
.
Yes
No~'"
(1"1.:t-
I"kIuc _dI ....y tui4tr1Mud. boftnm";".~...feel ~_... n.t.. ."u...s.... slra..w k.l.~~ .. 5IH ,.... ~ M........'~
,IotI/I....J..t'c."1IIJI C.._lssUAn7, ,Uf11 e-:r_u....; T...I1.N.,.,... n UII2. J.f~...w.r,J-..firz,-~. Ie
(VP)77~:rtir1J. _......Jt '" '-fllrIlliltMm.r......,,,, TIt_1r ~ fiw~" A~"" t1w dIhIII, If/'CoIlW c-~
RE.CE\\lED
FEB-1-i ?1"'.!1;
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t . d
Agenda Item No. 9E
April 11, 2006
Page 12 of 14
~;;f.
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, 3.~-b?
~ (::/',IAIl1,1.C{1 {~ C7Z<J70' ~ 6pAA-~
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~ c.~iC7,iJ/J'-/ >'4 /: 1./ ~~.
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-~son_s
.: advisoryboards@colliergov.net
Sent: Friday. February 17.2006 8:07 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax:(239)77~602
February 17,2006
Application for Advisory Committees I Boards
Name: Rick Medwedeff Home Phone: 239-825-0048
Home Address: 400 S. Collier Blvd
~
City: Marco Island Zip Code: 34145
Page 1 of2
Agenda Item No. 9E
April 11. 2006
Page 13 of 14
c....t]\.
."..... , ';
. .....
- r.'
.:...f~
Fax Number: 239-642-2680 Business Phone: 239-642-2600
Email Address:rick.medwedeff@marriott.com
Place of Employment: Marco Island Marriott Resort Golf Club & Spa
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: Tourist Development Council
Category: (if applicable) No information provided.
~
Do you currently hold public office? No
2/21/2006
Page 2 of2
Agenda Item No. 9E
April 11. 2006
Page 14 of 14
e
Do you now serve, or have you served on a
Collier County board or committee?
If yes, please list the boards I committees:
CCHLA Board Member
Yes
Please list your community activities:
Actively involved in raising money for a variety of charities
(YMCA, United Way, CMN, etc) utilizing hotel resources
and staff.
Education:
Bachelor of Science - University of Maryland
Experience I Background:
23 Years of Hotel Expereince with Marriott Corporation.
e
.
2/21/2006
EXECUTIVE SUMMARY
Agenda Item No. 9F
April 1.1, 2006
Page)of 19
REC()~1'@ATIONrHAT THE BOARD OF COUNTY COMMISSIONER.8CONSIDER
AND. ~!t9~J3~NECESSARYDlRECTlONREGARDINGTHE METEODOF
ORGANIZATIONOFBOARD OFFICE STAFF.
OBJECTIVE: For the Board to consider and provide any necessary direction regarding the
method of organization of Board office staff.
CONSIDERATIONS: In broad terms, it appears from the attached surveys conducted at
Commissioner Coletta's direction (Exhibit 1) and by Commissioner Halas (Exhibit 2) that
Florida counties organize the office staff of their respective Boards of County Commissioners
using three (3) general approaches:
1. County Manager - The county administrator is charged with responsibility not only
for all departments that are responsible to the Board, but also for the hiring,
evaluation and supervision of Board office staff.
2. Board of County Commissioners - The collective Board retains and supervises its
own office staff. To achieve this approach, a possible mechanism would be to enter
into a contract with the Executive Director who would then be responsible for
retaining and supervising other Board office staff.
,.._""
3. Personal Aide to Commissioners - Each commissioner has the ability to hire,
evaluate and supervise his or her personal aide, who serves the commissioners at will.
Notably, Section 2-78(d) of the Collier County Code of Laws and Ordinances expressly
authorizes the Board to retain its own staff.
For historical reference, during the July 30-31, 2002 Board Meeting, there was a Commission
request under Agenda Item 15A (Staff and Commission General Communications) that Board
staff be made directly answerable to the Board rather than be under the County Manager's
organization. Subsequently, a resolution was created for consideration by the Board that would
have clarified and formalized such a policy. A copy of the draft resolution is attached as Exhibit
3. This resolution provided that an Executive Director be retained by the Board, and that all
support staff in the Board office, including the Executive Director, would be employees of the
Board. The Executive Director, under the draft resolution, would have served at the will of the
Board and was to be responsible for administration of the office staff. Ultimately, this resolution
was not adopted.
FISCAL IMP ACT: Unknown at this time.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners consider these approaches
and provide any necessary direction to the County Attorney and County Manager.
....-...
Prepared By: Jim Coletta, Commissioner
Board of County Commissioners
Agenda Date: APRIL 11,2006
Agenda Item No. 9F
April 11, 2006
Page 2 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
9F
Meeting Date:
Recommendation tllat tile Board of County Commissioners consider and provide any
necessary direction regarding the method of Organization of Board Office Staff.
(Commissioner Coletta)
4/11/20069:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
Bce Office
4/3/20063:32:56 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/3/20067:17 PM
Agenda Item No. 9F
April 11, 2006
Page 3 of 19
SURVEY
DATE:
March 27, 2006
Attached is the survey you requested regarding all 67 counties in the State
of Florida regarding the hiring and supervision of the support staff for
county commissioners.
NO STAFF: 6
NO RESPONSE: 3
CLERK.: 7
BCC: 24
MANAGER: 27
E,hi~;t ,
Company BCC County Man82er City WorkPhone
A1achua CM Gainesville 352-264-6900
County
Government
Baker CM Macclenny 904-259-3613
County
Government
Bay County Ex Aides do both Panama City 850-784-4013
Government CM & BCC
Bradford CM Starke 904-966-6280
County
Government
Brevard BCC Viera 321-633-2001
COlmty
Government
Broward BCC Fort 954-357-7000
County Lauderdale
Government
Calhoun CLERK B1ountstown 850-674-4545
County
Government
Charlotte CM Port Charlotte 941-743-1300
County
Government
Citrus CM Inverness 352-341-6560
County
Government
Clay County No Staff CM Green Cove 904-284-6376
Government Sori.Iw;s
Columbia BCC Lake City 386-758-1005
County
Government
DeSoto CM Arcadia 863-993-4800
County
Government
Dixie BCC Cross City 352-498-1206
County
Government
Duval CITY COUNCIL Jacksonville 904-630-13 77
County TYPE GOV"T -
Government ASSIST ANTS ARE
APPOINTED AND
WORK
DIRECTLY FOR
THE COUNCIL
MEMBER
Escambia BCC Pensacola 850-595-4900
County
Government
Agenda Item No, 9F
April ii, 2006
Page 4 of 19
H:\DATA\County Survey\Florida Counties Survey 3-24-06.doc
Agenda Item No. 9F
April 11, 2006
Page 5 of 19
Company Bee County ManaKer City WorkPhone
Flagler eM Bunnell 386-437-7480
County
Government
Franklin CLERK Apalachico la 850-653-8861
County
Government
Gadsden NO DIRECT Quincy 850-875-8650
County STAFF
Government
Gilchrist CLERK Trenton 352-463-3170
County
Government
Glades CLERK Moore Haven 863-946-6002
County
Government
Gulf County CM Port S1. Joe 850-229-6106
Government
Hamilton CLERK Jasper 386-792-1288
County UNDER THE
Government BCC
Hardee CM Wauchula 863-773-6952
County
Government
Hendry CM LaBelle 863-675-5220
County
Government
Hernando 1 ex sec BrooksviIle 352-754-4000
County CM
Government
Highlands 2 Assist. Sebring 863-402-6517
County CM
Government
Hillsborough 7 comm; 14 Tampa 813-272-5660
County aides
Government BCC
Holmes 1 assist works Bonifay 850-547-1119
County for Clerk
Government
Indian River BCC - contract Vero Beach 772-567-8000
County
Government
H:\DATA\County Survey\Florida Counties Survey 3-24-06.doc
Agenda Item No. 9F
April 11. 2006
Page 6 of 19
Jackson 1 Assist - Marianna 850-482-9633
County CM
Government
Jefferson No Staff Monticello 850-342-0218
County
Government
Lafayette No Staff Mayo 386-294-1600
County
Government
Lake County CM Tavares 352-343-9850
Government
Lee County Bring in their Fort Myers 941-335-2259
Government own aides -
report to BCC
Leon County BCC Tallahassee 850-488-4710
Government
Levy County 1 County Bronson 352-486-5218
Government Coordinator who
reoorts to BCC
Liberty 1 Secretary Bristol 850-643-5404
County works for all 5
Government Commissioners
and she reports
to the Clerk
Madison No Staff Madison 850-973-3179
County
Government
Manatee BCC - Office Secretaries Bradenton 941-745-3700
County Mgr. Reports to report to
Government Chairman County
Manager
Marion Exec Adm Ocala 352-620-3307
County Assist & 1 staff
Government assist - BCC
Martin CM Stuart 772-288-5420
County
Government
Miami-Dade BCC Miami 305-375-5124
County
Government
Monroe BCC Key West 305-294-4641
County
Government
Nassau No Staff Fernandina Beach 904-321-5782
County
Government
H:\DAT A\County Survey\Florida Counties Survey 3-24-06.doc
Agenda Item No. 9F
April 11, 2006
Page 7 of 19
Okaloosa CM Fort Walton 850-651-7105
County Beach
Government
Okeechobee CM Okeechobee 863-763-6441
County
Government
Orange BCC Orlando 407-836-7350
County
Government
Osceola CM Kissimmee 407-343-2200
County
Government
Palm Beach BCC West Palm Beach 561-355-2001
County
Government
Pasco BCC New Port Richey 727-847-8100
County
Government
Pine lias BCC Clearwater 727-464-3377
County
Government
Polk County BCC Bartow 863-534-6000
Government
Putnam CM Palatka 386-329-0205
County
Government
St. Johns Aides are under St. Augustine 904-823-2400
County BCC
Government
St. Lucie BCC Fort Pierce 772-462-1400
County
Government
Santa Rosa Milton 850-983-1855
County
Government
Sarasota Operations Sarasota 941-861-5344
County Manager
Government
Seminole CM Sanford 407-665-7219
County
Government
Sumter CM Bushnell 352-793-0200
County
Government
Suwannee BCC Live Oak 386-364-3450
County
Government
H:\DATA\County Survey\Florida Counties Survey 3-24-06.doc
Agenda Item No. 9F
April 11, 2006
Page 8 of 19
Taylor Perry 850-838-3500
County
Government
Union Lake Butler 386-496-4241
County
Government
V olusia CM DeLand 386-736-5920
County
Government
Wakulla CM Crawfordville 850-926-0919
County
Government
Walton BCC DeFuniak Springs 850-892-8156
County
Government
Washington CM Chipley 850-638-6200
County
Government
H:\DATA\County Survey\F10rida Counties Survey 3-24-06.doc
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Agenda Item No. 9F
AQril 11, 2006
r-. ,_. · t ~ July 3<P-%Jt,12ct02
- "" .n.~.
She might not be the person that comes, ut that particular
position would be moved and that would be the body count.
As far as salary and dollars are concerned, those two slots do not
equal what the assistant county manager was making.
CHAIRMAN COLETTA: My other question is under the Board
of County Commissions, is it possible to have a side arm over here so
that our own staff is answerable to us?
MR. MUDD: Yes, sir, I can do that. I was trying to give you an
idea of what I was doing.
CHAIRMAN COLETTA: This is something we ran into some
problems before when Tom was here. We never did resolve it or talk
about it.
I think our own staff should be directly answerable to us and not
have to go through the chain of command to come back up to us.
MR. MUDD: Yes, sir. We can make that happen. Did I answer
the questions on this particular slide?
CHAIRMAN COLETTA: Yes, sir.
MR. MUDD: The other thing I'd like to talk about is what's
happened as far as ethics are concerned, and I'd like to talk about it in
a public forum and what we've done or what I've done with the
particular gift-giving incident that happened in the waste water
department.
The investigation, I gave John Dunnick the investigation the first
part of the June. He had finished his investigation and he was
proceeding to pass that investigation off with his results to Jim
DeLony the Public Utilities Division Administrator for his
disposition of the case.
Why didn't that investigation come up to the County Manager's
Office because some of those weren't part of the ordinance as the
ordinance is written.
Page 426
1
2
3
4
5
6
7
8
".RbLj'O~O~2t_ ~
Agenda Item No. 9F
April 11, 2006
Page 13 of 19
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IMPLEMENTING POLICY AND
DESIGNATING THE PROCEDURE FOR THE BOARD OF COUNTY
COMMISSIONERS TO RETAIN AND EMPLOY ITS OWN STAFF.
WHEREAS, Section 2-78(a) of the Collier County Code of Laws and Ordinances
9
states "the county administrator shall be responsible for the administration of all
]0
departments that are responsible to the board and for the proper administration of all
II
affairs under the jurisdiction of the board..." and
12
WHEREAS, Section 2-78(d) of the Collier County Code of Laws and Ordinances
states "Notwithstanding any of the foregoing, the powers and duties of the county
13
]4
administrator herein defined shall not be construed to limit the right of the board to
15
retain and employ its own staff with such powers and duties as the board may
16
designate. This shall specifically include the right to retain legal counsel who shall
17
report directly to the board and who shall have sole responsibility for the management
18
of the legal staff." and
19
WHEREAS, it is essential for the efficient and effective operation of the office that
20
the staff of the Board of County Commissioners be separate and apart from that of Ihe
21
County Manager; and
22
WHEREAS, at the July 30-31, 2002 Board meeting the commissioners directed
23
Ihat an organizational chart be prepared showing that the commission's staff reports
24
directly to the Board of County Commissioners.
25
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
26
27
Section 1: Organizational Chart:
28
The attached organizational chart reflects Ihe intenl of the Board of County
29
Commissioners and is hereby approved. The Board shall employ a County Manager, a
30
County Altorney, and an Executive Director to the Board of County Commissioners.
31
These persons shall report direclly to the Board.
32
Section Two: Duties
33
The Executive Director 10 the Board of County Commissioners (EXECUTIVE
34
DIRECTOR) shall be an individual of greal integrity and shall be proficient in modem
35
managerial techniques and be able to deal effectively with the general public.
Page 1 of 6
,.
.,~
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Agenda Item No. 9F
April 11,2006
Page 14 of 19
The EXECUTIVE DIRECTOR shall report directly to the Board of County
Commissioners and shall have sole responsibility for the employment and management
of the support staff and operation of the Office of the Board of County Commissioners.
The duties and responsibilities of the EXECUTIVE DIRECTOR shall include, but
not be limited to: the administration of the office and staff of the Board of County
Commissioners and when necessary shall hire, promote, suspend, demote or dismiss
any of the employees in the office of the Board of County Commissioners; aiding the
commission and its individual members on a day-to-day basis in conducting the
business of the commission; preparation of an annual budget for the operation of the
office and shall submit this budget to the County Manager for inclusion in the annual
county budget; and such other duties as the Board of County Commissioners may
designate. The staff employed in the office of the Board of County Commissioners
shall serve at the will of the EXECUTIVE DIRECTOR.
Section Three: Terms of Employment
The Chairman of the Board of County Commissioners shall hold initial interviews
for the position of EXECUTIVE DIRECTOR and provide the resumes of one to five
finalists for the position to the Board of County Commissioners at a regularly scheduled
18 meeting. Individual Board members may then have an opportunity to accept the
19 Chairman's recommendation or interview the candidates themselves.
20 An offer may be extended to an applicant for the position of EXECUTIVE
21 DIRECTOR after a 3/5 vote of the Board of County Commissioners. Upon acceptance
22 of the position, the EXECUTIVE DIRECTOR shall serve at the will of the Board. After
23 acceptance of the position and thereafter, the EXECUTIVE DIRECTOR shall neither
24 accept other employment nor become employed by any other employer until termination
25 of employment with the Board of County Commissioners.
26 It shall take a 3/5 vote of the Board to terminate the services of the EXECUTIVE
27 DIRECTOR.
Page 2 01 6
.
Agenda Item No. 9F
April 11. 2006
Page 15 of 19
In the event of termination by the Board, the EXECUTIVE DIRECTOR shall be
2 compensated for all vacation, holidays, and other accrued benefits to date. In the
3 event the EXECUTIVE DIRECTOR voluntarily resigns the position with COUNTY, the
4 EXECUTIVE DIRECTOR shall give COUNTY thirty (30) days written notice in advance.
5 Section Four: Salary - Executive Director
6 COUNTY shall pay the EXECUTIVE DIRECTOR for services rendered pursuant
7 hereto an annual base salary payable in biweekly installments as determined by the
8 Board of County Commissioners at the time the position is offered.
9 Annually, on the EXECUTIVE DIRECTOR's anniversary date, the Chairman of
10 the Board of County Commissioners shall evaluate the EXECUTIVE DIRECTOR's
I J performance based on an Action Plan established by the Board when the EXECUTIVE
12 DIRECTOR begins employment. Said Action Plan may be amended by the Board
13 annually on or around the EXECUTIVE DIRECTOR's anniversary date. The
14 EXECUTIVE DIRECTOR's base salary and/or benefits shall increase in such amounts
15 and to such extent as all other county employees.
16 On the date that general wage adjustments are granted generally to Collier
17 County employees, the EXECUTIVE DIRECTOR's base salary shall be modified to
18 reflect the general wage adjustment granted to other County employees.
19 Section Five: Salary - Staff
20 COUNTY shall pay the staff employed in the Office of the Board of County
21 Commissioners (STAFF) for services rendered pursuant hereto an annual base salary
22 payable in biweekly installments as determined by the EXECUTIVE DIRECTOR at the
23 time of STAFFs' employment and as amended from time to time.
24 Annually, on a STAFF person's anniversary date, the EXECUTIVE DIRECTOR
25 shall evaluate the STAFF person's performance based on an Action Plan established by
26 the EXECUTIVE DIRECTOR when the STAFF person begins employment. Said Action
27 Plan may be amended by the EXECUTIVE DIRECTOR annually on or around the
28 STAFF person's anniversary date. The STAFF persons' base salary and/or benefits
29 shall increase in such amounts and to such extent as all other county employees.
Page 3 of 6
.'
Agenda Item No. 9F
April 11, 2006
Page 160f19
On the date that general wage adjustments are granted generally to Collier
2 County employees, the STAFFs' base salary shall be modified to reflect the general
3 wage adjustment granted to other County employees.
4 Section Six: Insurance, Vacation, and Sick Leave
5 COUNTY shall maintain in force for the EXECUTIVE DIRECTOR and STAFF an
6 health, life insurance or other insurance policies provided by COUNTY to its other
7 employees.
8 The EXECUTIVE DIRECTOR shall be entitled to receive the same vacation and
9 sick leave benefits as are accorded to department heads.
10 All provisions of law and regulations and rutes of the COUNTY relating to
11 vacation and sick leave, holidays and other fringe benefits and working conditions as
12 they now exist, or hereafter may be amended, shall also apply to the EXECUTIVE
13 DIRECTOR and STAFF in the manner that they apply to other employees of the
14 COUNTY.
15 Section Seven: Dues and Subscriptions
16 COUNTY believes that the public is served by the EXECUTIVE DIRECTOR's
17 participation in professional organizations that enhance professional development and
18 in community organizations through which the EXECUTIVE DIRECTOR can enhance
19 the level of service provided to the COUNTY and its citizens.
20 COUNTY will budget and pay for professional dues and subscriptions of the
21 EXECUTIVE DIRECTOR necessary for continuation and full participation in national,
22 regional. state, and local associations and organizations necessary and desirable for
23 continued professional participation, growth, and advancement, and for the good of the
24 COUNTY.
25 Section Eight: Professional Development
26 COUNTY shall budget and pay for travel and subsistence expenses of the
27 EXECUTIVE DIRECTOR for professional and official travel, meetings, and occasions
28 adequate to continue the professional development of the EXECUTIVE DIRECTOR and
29 to adequately pursue necessary official functions for COUNTY.
Page 4 of 6
Agenda Item No. 9F
April 11, 2006
Page 17 of 19
COUNTY shall budget and pay for travel and subsistence expenses of the
2 EXECUTIVE DIRECTOR for short courses, institutes, and seminars that are necessary
3 for professional development and for the good of the COUNTY.
4 The EXECUTIVE DIRECTOR may use a COUNTY pool or rental car for out-of-
5 county professional and business travel within Florida. All out-of-state travel not
6 specifically provided for herein shall be pre-approved by the Board of County
7 Commissioners. Reimbursement for out-of-county travel shall be as provided by Florida
g Statutes.
9 Section Nine: INDEMNIACATION
JO In addition to that required under state and local law, COUNTY shall defend,
II save harmless, and indemnify the EXECUTIVE DIRECTOR against any tort,
12 professionalliabitity claim or demand or other legal action, including costs and attorney
13 fees relating thereto, whether groundless or otherwise, arising out of an alleged act or
14 omission occurring in the periormance of the EXECUTIVE DIRECTOR's duties as
15 Executive Director to the Board of County Commissioners.
16 Section Ten: Bonding
17 COUNTY shall bear the full cost of any fidelity or other bonds required of the the
18 EXECUTIVE DIRECTOR under any law or ordinance.
19 Section Eleven: Other Terms and Conditions of Employment
20 COUNTY, in consultation with the EXECUTIVE DIRECTOR, shall fix any such
21 other terms and conditions of employment, as it may determine from time to time,
22 relating to the periormance of the EXECUTIVE DIRECTOR, provided such terms and
23 conditions are not inconsistent with or in conflict with the provisions of this Resolution or
24 any other law. This Resolution shall be implemented consistent with the Florida
25 Government in the Sunshine Law, Section 286.011, Florida Statutes.
26 It should be noted that Sue Filson currently holds the position of EXECUTIVE
27 DIRECTOR to the Board of County Commissioners. She shall continue to function in
28 said position with the powers and duties described herein until she tenders her
29 resignation or the Board decides to terminate her employment pursuant to the terms of
30 this Resolution.
Page 5 016
..
Agenda Item No. 9F
April 11. 2006
Page 18 of 19
The EXECUTIVE DIRECTOR has the authority to except out provisions of the
2 Human Resources Practices & Procedures and Business Operations guide that do not
3 or should not apply to STAFF. If the EXECUTIVE DIRECTOR makes such election,
4 STAFF must be notified in writing at the time of hire or thirty (30) days prior to the time
5 the exception will be in effect.
6
This Resolution adopted this _ day of
, 2002 after motion,
7 second and majority vote favoring same.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES N. COLETTA, CHAIRMAN
Approved as to form and
legal SufflCienCY~
Afuu".# l .
David C. Weigel
County Attorney
22
23
24
25
Page 6 of 6
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Agenda Item No. 10A
April 11. 2006
Page 1 of 42
EXECUTIVE SUMMARY
To seek Board approval of an Amended and Restated Developer Contribution Agreement
with G.L. Homes of Naples for the design and construction of Logan Boulevard between
Vanderbilt Beach Road and Immokalee Road in exchange for vesting and impact fee
credits.
OBJECTIVE: To obtain Board approval of an amended and restated developer
contribution agreement with G.L. Homes to advance the design and construction of Logan
Boulevard between Vanderbilt Beach Road and Immokalee Road (see map of location in
exhibit A attached to the DCA). G.L. Homes is advancing $7,528,875 in road impact fees
to construct Logan Boulevard in exchange for vesting and road impact fee credits
consistent with the original agreement that the Board approved in December 2002. The
prior agreement is being revised due to the delays that have been experienced in obtaining
the necessary permits and right-of-way to construct the roadway. All the necessary
permitting and right-of-way acquisition has been completed to construct the roadway
starting by June 1,2006.
CONSIDERATION: The original Developer's Contribution Agreement between G.L.
Homes and the County was approved in December of2002 and was initiated to advance the
construction of a new two lane Logan Boulevard between Vanderbilt Beach Road to
Immokalee. The road improvements include building a two lane roadway in an ultimate
four lane cross-section. The Developer, based on the previously approved agreement, has
completed the design of the two lanes and the permits and necessary right-of-way
acquisition (acquired by the County) to build the roadway starting construction by June I,
2006. The Developer has advertised the construction plans for bid with the bid closing
scheduled for late April. The Developer is responsible for the design and construction costs
of the project up to the amount of the impact fees with any excess cost (above the current
$7,528,875 impact fee credit) to be paid back to the Developer by October 1, 2008. It is
expected with the soon to be increasing impact fees that the impact fee credit will be above
the final certified cost estimate. In exchange for the advancement of the funds to construct
Logan, the Developer, consistent with the previous Developers Contribution Agreement,
will receive vesting for 850 residential units for the Terafina Development on the future
Logan Boulevard north ofImmokalee Road (north ofOlde Cypress).
FISCAL IMP ACT: The County will be responsible for the costs above and beyond the
current committed impact fees which are currently estimated at a level of $7,528,875 but as
noted above the transportation impact fees are expected to increase shortly where the cost
of the roadway will be less than the impact fee credits issued for the vested project. The
total cost estimate for the project is $8,990,000 for design, construction and construction
engineering inspection (see exhibit C attached to the DCA).
GROWTH MANAGEMENT: This project is consistent with the County's Growth
Management Plan and the MPO's Long Range Transportation Plan.
-
Agenda Item No. 10A
April 11, 2006
Page 2 of 42
RECOMMENDATION: That the Board approve Amended and Restated Developer
Contribution Agreement for the construction of Logan Boulevard in the exchange for
impact fee credits and vesting of 850 units.
Prepared By: Donald Scott, Transportation Planning Director
Attachment: Agreement for Road Impact Fee Credits
2
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.1 OA
April 11, 2006
Page 3 of 42
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
Recommendation to seek Board approval of an Amended and Restated Developer
Contribution Agreement with G.L. Homes of Naples for the design and construction of Logan
Boulevard between Vanderbilt Beach Road and Immokalee Road in exchange for vesting
and impact fee credits, (Norman Feder, Administrator, Transportation Services)
4/11 fZ006 9:00:00 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
3f30f2006 4:17 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
3/30/2006 4:20 PM
Approved By
Dale A. Bathon, P.E.
Transportation Services
Prinicipal Project Manager
Transportation Engineering and
Construction
Date
3/30/2006 4:22 PM
Approved By
Pat Leh nhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
3130120064:26 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/31/20068:23 AM
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
Date
County Attorney Office
413/2006 11 :27 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4/3/2006 2:43 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/3/20067:23 PM
Agenda Item No. 10A
April 11,2006
Page 4 of 42
AMENDED AND REST A TED
STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT
FOR ROAD IMPACT FEE CREDITS
No.
--
(Amending and Restating No. 2002-009-TR-GL Homes)
THIS AMENDED AND RESTATED CONTRIBUTION AGREEMENT
["Agreement"] is made and entered into this _ of , 2006, by and
between G.L. HOMES OF NAPLES ASSOCIATES II, LTD., A FLORIDA LIMITED
PARTNERSHIP, duly organized and authorized to conduct business in the State of
Florida [hereinafter referred to herein as "Developer"], by and through Alan Fant, Vice
President of G.L. Homes of Naples 11 Corporation, a Florida corporation, and the
General Partner of G.L Homes of Naples Associates 11, Ltd., a Florida Limited
Partnership, who is duly authorized to execute this Amended and Restated Standard
Form Collier County Contribution Agreement for Road Impact Fee Credits, and THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER COUNTY hereinafter referred to as
"County. "
RECITALS:
WHEREAS, on December 17, 2002, Developer and County entered into that
certain Standard Form Collier County Contribution Agreement for Road Impact Fees
(No. 2002-009-TR-GL Homes), hereinafter referred to as the "Original Agreement";
and
WHEREAS, for reasons beyond the reasonable control of both the Developer
and County, the roadway improvements contemplated in the Original Agreement have
yet to commence in accordance with the phasing schedule established therein "; and
WHEREAS, based on the delays associated with the commencement of
construction outlined in the Original Agreement, Developer and County are desirous of
entering into this Amended and Restated Contribution Agreement which grants cash
and credits for road impact fees and certain vesting rights for road concurrency, in
exchange for the Developer's contribution of advanced off-site roadway construction
improvements consisting of the extension of Logan Boulevard as a two (2) lane divided
roadway between Vanderbilt Beach Road and Immokalee Road [hereinafter described
as the "Project"] as set forth in a conceptual description and graphic rendering attached
hereto in Composite Exhibit "A" and "A-I"; and
WHEREAS, Developer is the fee owner of certain lands, (hereinafter referred to
as "Terafina"), described and graphically rendered in Composite Exhibit "B" and "B-
1", attached hereto and incorporated herein by reference, which upon development in
the near future will be subject to the imposition of road impact fees; and
Agenda Item No. 10A
April 11, 2006
Page 5 of 42
WHEREAS, the parties acknowledge that the valuation of eligible anticipated
construction to the County's transportation network is based upon a Preliminary
Estimate of Probable Costs by a Professional Engineer of the Project attached hereto as
Exhibit "C"; and
WHEREAS, the parties agree that Developer shall submit for County approval a
Final Certified Estimate of Probable Costs to design and construct the Project prepared
by a Professional Engineer subsequent to the date of this Agreement and prior to the
issuance of right-of-way use permit by the County in connection with the Project; and
WHEREAS, the parties acknowledge, in the case of contributions of
construction or installation of improvements, the value of the developer's proposed
contribution shall be adjusted upon completion of the construction to reflect the actual
cost of construction or installation of improvements contributed by developer, but in
any event not to exceed fifteen [15%] percent of the approved Final Certified Estimate
of Probable Costs unless such amounts in excess of said fifteen [l 5%] are caused by
changes or modifications to the Project requested by the County from time to time after
the County has approved and accepted the final Certified Estimate of Probable Costs of
the Project; and
WHEREAS, the parties acknowledge that it is in the best interest of the County
for the Developer to design and construct the Project; and
WHEREAS, the Transportation Administrator will recommend to the Board of
County Commissioners that the Proposed Plan as defined in the Impact fee Ordinance
for donations, credits, cash and contributions as set forth in this Agreement is in
conformity with contemplated improvements and additions to the County's
transportation network; and
WHEREAS, after reasoned consideration by the Collier County Board of
County Commissioners, [hereinafter "Board"], the Board has authorized the County
Attorney to prepare this Developer Contribution Agreement ["DCA"] upon the Board
finding that:
a. The subject Proposed Plan is in conformity with the contemplated
improvements and additions to the County's transportation system;
b. Such Proposed Plan, viewed in conjunction with other existing or proposed
plans, including those from other developers, will not adversely impact the
cash flow or liquidity of the County's road impact fee trust account in such a
way as to frustrate or interfere with other planned or ongoing growth
necessitated capital improvements and additions to the County's
transportation system;
c. The Proposed Plan is consistent with the public interest; and
d. The proposed time schedule for completion of the Proposed Plan is
consistent with or is projected to be consistent with the most recently
2
Agenda Item No. 10A
April 11, 2006
Page 6 of 42
adopted five-year capital improvement program for the County's
transportation system; and
WHEREAS, the Board of County Commissioners finds that the contributions
contemplated by this Contribution Agreement are consistent with the County's existing
comprehensive plan; and
WHEREAS, pursuant to the Terafina PUD Ordinance No. 2004 - 15 it was
agreed, inter alia, that:
A. The road impact fee shall be as set forth in the Consolidated Impact Fee
Ordinance No.O 1-13, or successor ordinance. Said fees shall be paid at the
time building permits are issued or as provided for by the Adequate Public
Facilities Ordinance.
B. Internal access improvements shall not be subject to impact fee credits and
shall be in place before any certificates of occupancy are issued.
C. The Terafina PUD is vested for traffic concurrency associated with the
executed Standard Form Collier County Contribution Agreement for Road
Impact Fee Credits (No. 2002-009-TR-GL Homes) dated December 17,
2002.
WHEREAS, it is anticipated that the time for build-out of the Terafina
Development will exceed five [5] years for concurrency purposes, and the parties agree
that good cause exists for an automatic five [5] year extension ofthe initial five [5] year
vesting period provided, Developer substantially adheres to the Phasing Schedule as
determined by the Transportation Division Administrator [A copy of the Phasing
Schedule is attached hereto in Exhibit "D" and agreed to thereby by the County]; and
WHEREAS, this DCA shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act; and
WHEREAS, the parties acknowledge that all construction cost estimates shall be
based upon, and all construction plans, specifications and conveyances shall be in
conformity v.rith, the road construction standards and procedures of the County and shall
be first approved by the Collier County Transportation Administrator prior to
commencement of construction; and
WHEREAS, Developer acknowledges and agrees that it has full power and
authority to cause the construction or installation of the subject contribution and
thereafter execute any and all documentation necessary to conveyor cause to be
conveyed the contribution to the County in conformance with the County's
transportation standards, procedures, ordinances and regulations; and
3
Agenda Item No. 10A
April 11, 2006
Page 7 of 42
WHEREAS, Developer agrees and acknowledges that it has full power and
authority to cause the construction or installation of the subject contribution and
thereafter execute any and all documentation necessary to conveyor cause to be
conveyed the contribution to the County in conformance with the County's
transportation standards, procedures, ordinances and regulations; and
WHEREAS, Developer agrees and acknowledges that it shall not proceed to
install and construct any portion of the subject contribution until Developer's legal
counsel shall advise the County Attorney in writing that the Developer has secured a
performance bond or other surety in the amount of the Final Certified Estimate of
Probable Costs plus a 1 5% contingency and Developer shall submit such bond or surety
for approval by the County prior to the time of Developer's application for the right-of-
way use permit; and
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideration exchanged amongst the parties, and in consideration of the
covenants contained above and herein, and the fact that all of the above recitals are true
and correct and shall be fully incorporated herein and form part of the basis for this
Agreement, the parties agree as follows:
1. The projected road impact fees needed for the construction of 850 residential
units of the Terafina Development is estimated to be Seven Million Five
Hundred Twenty Eight Thousand Eight Hundred Seventy Five Dollars
[$7,528,875.00].
2. Prior to the commencement of any construction work in connection with the
Project ("Construction Work"), Developer shall deliver the following items to
the appropriate governmental entity for said governmental entity's review and
approval:
A. For purposes of establishing the amount of the "Surety" (as hereinafter
defined) and the "Road Impact Fee Credit Amount" (as hereinafter defined), a
Final Certified Estimate of Probable Costs prepared by Developer's design
engineer ("Professional Engineer") which shall set forth the estimated cost
(including, without limitation, the cost of any and all labor, materials, design,
testing, filing fees, permit fees, mitigation costs, construction and engineering
inspection services, and any and all other ancillary costs and expenses) of
construction necessary to complete the Project in accordance with the "Plans
and Specifications" (as hereinafter defined). After the Final Certified Estimate
of Probable Costs has been submitted to and approved by the County, then the
same shall be referred to herein as the "Final Certified Estimate of Probable
Costs." The Final Certified Estimate of Probable Costs shall not be subject to
change or modification without the written consent of both Developer and the
4
Agenda Item NO.1 OA
April 11, 2006
Page 8 of 42
County. The Final Certified Estimate of Probable Costs shall not include any of
the costs, fees or other monies paid and/or incurred by or on behalf of the
County under paragraph 7 of this Agreement.
B. The Professional Engineer shall prepare the plans and specifications for
the engineering and site development work (as amended from time to time, the
"Plans and Specifications") for the Project. After the Plans and Specifications
have been submitted to and approved by the appropriate governmental entities,
Developer shall not change, revise or modifY the Plans and Specifications
without the prior written consent of said governmental entities.
C. On or before the date on which Developer submits its application for the
right-of-way use permit, Developer shan procure, at its election, either a bond or
letter of credit ("Surety") in favor of the County in an amount equal to one
hundred-fifteen percent (115%) of the Final Certified Estimate of Probable
Costs.
3. The County shall have the right to draw against the Surety only after an "Event
of Default" (as hereinafter defined) has occurred and remains continuing beyond
the "Cure Period" (as hereinafter defined); provided, however, notwithstanding
anything to the contrary contained in this Agreement, the County must provide
Developer with written notice of its intent to draw against the Surety (including
the amount to be drawn) not less than ten (10) days prior to making such draw,
and the County shall only be permitted to use the drawn Surety funds towards
the completion of the Project in accordance with the terms of this Agreement.
4. Developer shall have the right to (i) once per quarter reduce the Surety in an
amount equal to the amount of funds expended by Developer in connection with
the Project during the immediately preceding quarter, and (ii) terminate and
extinguish the Surety on the date on which the Project has been completed and
accepted by the County.
5. Developer shall not have any obligation to either increase the amount of the
Surety to an amount greater than One Hundred Fifteen Percent (115%) of the
Final Certified Estimate of Probable Costs nor replace any amount of the Surety
after any draw against (by the County) or reduction of (by Developer) the same.
6. Developer shan deliver to County, simultaneously with the execution of this
Agreement, an attorney's opinion letter attached hereto as Exhibit "E" stating:
(a) Developer is an entity duly formed, validly existing and authorized to
conduct its business in the State of Florida; (ii) Developer has the requisite
authority (i) to enter into and execute this Agreement; (ii) to perform under and
in accordance with the terms and conditions of this Agreement; (iii) procure
financing in the amount of the Surety.
7. The County acknowledges that it has acquired all of the right-of-way necessary
for the construction and completion of the Project, inclusive of all embankment
5
Agenda Item No. 10A
April 11, 2006
Page 9 of 42
easements, temporary construction easements, drainage easements, retention
areas as we1l as a1l other types of easements and areas acceptable to the County,
through eminent domain or any other method of acquisition. Any funds paid by
Developer to the County to cover the County's costs associated with such
acquisition, including, without limitation, the preparation of alternative
alignments, legal descriptions, appraisals, and acquisition funding sha1l be
reimbursed to Developer by the County no later than October 1, 2006. The
County's obligation to reimburse Developer under this paragraph sha1l survive
the completion of the Project and acceptance of the same or earlier termination
of this Agreement.
8. The amount of road impact fee credits to which Developer shall be entitled to
under this Agreement (co1lectively, "Road Impact Fee Credit Amount") sha1l be
equal to the amount of the Final Certified Estimate of Probable Costs as
amended from time to time. The Road Impact Fee Credit Amount sha1l be
earned and available for use by Developer immediately upon (a) Developer
expending any monies towards the design, construction and ultimate completion
of the Project with the amount of Road Impact Fee Credit Amount earned being
equal to the amount expended by Developer from time to time, and/or (b) the
County drawing against the Surety with the amount of Road Impact Fee Credit
Amount earned being equal to the amount of monies drawn by the County
against the Surety from time to time, and/or (c) the payment of any and all
monies by Developer to the County in the event the County is unable to collect
on the Surety and the County seeks and receives payment from Developer in
lieu of the Surety. The Road lmpact Fee Credit Amount once earned by
Developer shall not be subject to forfeiture, reduction, recission or diminishment
regardless of whether or not Developer commits an Event of Default. This
paragraph shall survive the completion of the Project and acceptance of the same
by the County or earlier termination of this Agreement.
9. Until such time as the Project is constructed, completed and tendered to the
County for acceptance, Developer sha1l indemnifY and hold harmless the County
from a1l liability directly arising from the construction of the Project and shall
furnish adequate liability insurance in the amount set forth in the County Risk
Management Guidelines as attached hereto as Exhibit "F". Such insurance shall
be in addition to the Surety posted for the completion of the road.
1 O. In the event the actual cost of construction of the Project is less than the Final
Certified Estimate of Probable Costs, Developer sha1l be responsible for
reimbursing the County for a1l road impact fees utilized above the actual cost of
construction. Any over-payment of credits by the County sha1l be reimbursed to
the County within ninety [90] days after the County's demand for the same after
completion of the Project, if it determines more road impact fee credits were
utilized than the Developer was entitled to receive. Developer therefore sha1l
pay all the road impact fees above the actual cost of construction of the Project.
6
Agenda Item No. 10A
April 11, 2006
Page 10 of 42
l1. Upon acceptance of the Project by the County, if the actual cost of completing
the Project exceeds the actual amount of Road Impact Fee Credit Amount
utilized by Developer, then on or before October l, 2008, the County shall be
obligated to reimburse Developer an amount equal to the actual cost of
completing the Project less the actual amount of Road Impact Fee Credit
Amount utilized by Developer. Therefore, the County shall reimburse
Developer for all amounts expended by Developer in completing the Project
above the actual amount of Road Impact Fee Credit Amount utilized by
Developer. This paragraph shall survive the completion of the Project and
acceptance of the same by the County or the earlier termination of this
Agreement.
12. In exchange for the advanced construction of the Project, Developer shall be
vested with 850 residential units in and for the Terafina Development as the
construction of the Project shall be deemed a prepayment of road impact fees
and the Developer shall be vested in these units for a minimum of five [5] years
after the execution of this Agreement. It is anticipated that the time for build out
of the Terafina Development will exceed five [5] years for traffic concurrency
purposes. The parties agree that good cause exists for an automatic five (5) year
extension of the initial five [5] year vesting period provided.,.Developer
substantially adheres to the Phasing Schedule attached hereto in Exhibit "D"
which phasing schedule the County has agreed to. The additional five (5) year
vesting period shall commence on the date on which the initial five (5) year
vesting period expires. If the total road impact fees needed for the Terafina
Development exceeds the cost of the Project, Developer shall be responsible for
paying the difference at the rate then in effect. Said vesting shall be evidenced
in a duly authorized Certificate of Public Facilities Adequacy issued by the
County. Developer shall apply for the Certificate of Public Facilities Adequacy
by way of written letter and a copy of this Agreement fully executed and the
County shall issue such certificate based on the same within thirty [30] days of
the execution of this Agreement or as soon as possible. This paragraph shall
survive the completion of the Project and acceptance of the same by the County
or the earlier termination of this Agreement.
13. The County shall uti 1 ize its best efforts to review and approve, and use its best
efforts to cause other governmental entities to review and approve, all plans,
specifications, applications and/or other submittals delivered to the County and
other governmental entities within ten (10) business days after the same has
been submitted to the County and such other governmental entities for review
and approval.
14. The County shall utilize its best efforts to assist and cooperate with Developer in
the application, procurement and issuance of any and all permits, inspections
and approvals necessary to construct and complete the Project in a prompt and
timely manner.
7
Agenda Item No. 10A
April 11, 2006
Page 11 of42
15. The County shall join in, and the County shall use its best efforts to cause other
governmental entities to join in, any and an applications, submittals and such
other items which are necessary to construct and complete the Project.
16. The total amount of Road Impact Fee Credit Amount earned by Developer under
this Agreement shall be evidenced by a Road Impact Fee Credit Ledger.
[Attached hereto as Exhibit '.G"]. The County shall on a current basis maintain
on the Road Impact Fee Credit Ledger written evidence of the Road Impact Fee
Credit Amount earned, used by and available to Developer until such time the
Road Impact Fee Credit Ledger reflects a zero balance.
17. Developer shall the right to rely upon the Road Impact Fee Credit Ledger for
confirmation of the Road Impact Fee Credit Amount remaining to Developer
under the terms of this Agreement.
18. Developer represents, warrants and covenants to the County that the following
are true and correct in an material respects as of the date of this Agreement and
shall be true and correct in all material respects until the completion and
acceptance of the Project:
A. Developer is a limited partnership duly formed and validly existing in
the State of Florida and has the full right and lawful authority to enter into this
Agreement.
B. The execution, delivery and performance of this Agreement by
Developer has been duly authorized and no consent of any other person or entity
to such execution, delivery and performance is required to render this
Agreement a valid and binding instrument enforceable against Developer in
accordance with its terms.
C. The Project shall be constructed in accordance with the Plans and
Specifications in a good and workmanlike manner free from all defects, liens,
claims and encumbrances caused by or through Developer, except as specified
pursuant to or in accordance with this Agreement.
D. Once Construction Work has commenced on the Project, Developer shall
ensure that the construction of the Project shall not stop for a period in excess of
thirty [30] consecutive days or longer, unless said stoppage is:
(a) Required by the County or any governmental entity and not caused
by actions or omissions of Developer or its employees or agents; or
(b) Caused by a "Force Majeure" as that term is generally known in the
construction industry.
8
Agenda Item No. 10A
April 11, 2006
Page 12 of 42
E. Developer has not granted, and will not grant or permit to exist, any Lien
(as defined below) on or against all or any portion of the Project, other than
Permitted Encumbrances (as defined below). As used herein, "Lien" shall mean
any security interest, mortgage, pledge, lien, hypothecation, judgment lien or
similar legal process, charge, encumbrance, title retention agreement or
analogous instrument or device (including, without limitation, the interest of the
lessors under capitalized leases and the interest of a vendor under any
conditional sale or other title retention agreement), but excluding (i) any
easements, covenants or restrictions of record necessary for the construction and
completion of the Project and/or acceptable to the County and (ii) liens arising
from taxes or claims of suppliers, mechanics, carriers, warehouses, landlords
and other like persons, where such taxes or claims are being contested in good
faith by appropriate proceedings, or a surety posted therefore. As used herein,
"Permitted Encumbrances" shall mean Liens approved by the County.
F. The Developer represents and warrants that there are no actions at law,
suits in equity or any other proceedings before any governmental agency,
commission, bureau, or other arbitration proceedings against or affecting the
Developer that if adversely determined would materially and adversely affect
the Developer"s ability to complete the Project or would adversely affect the
Developer's ability to execute and deliver, and perform its obligations under,
this Agreement.
19. In the event of a thirty [30] day stoppage of work on the construction of the
Project except as described above in paragraph 19, the County shall have the
right to call upon the Surety for any necessary draw, pursuant to and in
accordance with Paragraph 3 herein, to continue or complete the Project. If the
Surety fails to immediately provide necessary funds to the County for the
County to continue or complete the Project, the County may take any and all
legal action available to it, including declaring Developer in default of this
Agreement (subject to applicable notice and cure provisions), and the County
may take all necessary steps to complete the Project and secure "Reimbursable
Costs." The term "Reimbursable Costs" as used in and throughout this
Agreement shall mean the actual cost to complete the Project in accordance with
the Plans and Specifications for the Project as they exist at the time of default or
Event of Default by Developer under this Agreement that causes Developer's
removal from, and the County taking over and completing, the Project; it being
acknowledged and agreed by the County that except only for Reimbursable
Costs, Developer shall not be liable whatsoever for any indirect, consequential
or punitive damages of any kind or nature or any other costs, compensation
and/or expenses whatsoever for any default or Event of Default under this
Agreement. Consequential damages shall mean: losses that do not flow directly
and immediately from an injurious act, but that result indirectly from the act.
9
Agenda Item NO.1 OA
April 11, 2006
Page 13 of 42
20. The County represents, warrants and covenants to Developer that the following
are true and correct in all material respects as of the date of this Agreement and
shall be true and correct in all material respects until the completion and
acceptance of the Project:
A. The County is a corporate body politic duly formed and validly existing
in the State of Florida and has the full right and lawful authority to enter into
this Agreement.
B. The execution, delivery and performance of this Agreement by the
County has been duly authorized and no consent of any other person or entity to
such execution, delivery and performance is required to render this Agreement a
valid and binding instrument enforceable against the County in accordance with
its terms and conditions.
C. The County shall (i) issue the Road Impact Fee Credit Amount to
Developer, (ii) vest the Terafina Development with traffic concurrency for 850
residential units for the initial five [5] year vesting period and the five [5] year
extension vesting period pursuant to the terms set forth in this Agreement, (iii)
issue the Certificate of Public Facilities Adequacy for the initial five [5] year
vesting period and the five [5] year extension vesting period pursuant to the
terms set forth in this Agreement; all of the foregoing in accordance with and at
the times required by the terms and conditions of this Agreement.
D. The County shall allow Developers to use, allocate, assign and apply all
or any portion of Road Impact Fee Credit Amount duly earned hereunder in
accordance with the Collier County Consolidated Impact Fee Ordinance, and
public facility adequacy Ordinance as amended consistent with the terms and
conditions for any certifications issued from time to time.
21. The occurrence of any of the fo llowing events shall be deemed to be an "Event
of Default":
A. A breach by Developer to comply with any of the terms or conditions of
this Agreement by which Developer is to comply.
B A breach by the County to comply with any of the terms or conditions of
this Agreement by which the County is to comply.
C. Notwithstanding anything to the contrary contained in this Agreement,
an Event of Default shall not be deemed to have occurred unless and until the
party seeking to declare an Event of Default ("Non-Defaulting Party") has
provided the other party ("Defaulting Party") with written notice ("Default
Notice") of the default ("Default") commitment by the Defaulting Party in
specific detail and the Defaulting Party has failed to cure said Default within
thirty (30) days after receipt of the Default Notice ("Cure Period"); provided,
however, if the Default is one not reasonably able to be cured within the Cure
10
Agenda Item No. 10A
April 11, 2006
Page 14 of 42
Period [the term "reasonable" shall be defined by mutual agreement], then the
Cure Period shall be extended for an additional time period as may be
reasonably necessary to cure the Default provided that the Defaulting Party
commences to cure the Default within the Cure Period and continues in good
faith to diligently cure the Default to completion.
D. If Developer commits an Event of Default prior to Developer posting the
Surety, then the remedy of the County shall be: (i) the right to terminate this
Agreement, (ii) the right to terminate the vesting rights of the Terafina
Development granted in and under this Agreement, and (iii) the right to require
Developer to assign all of its right, title and interest in and to all plans,
specifications, documents, applications and permits that have been prepared,
submitted and/or issued to or on behalf of Developer.
E. If Developer commits an Event of Default subsequent to Developer
posting the Surety, then the sole and exclusive remedy of the County shall be the
right:
(i) to require Developer to assign to the County all of its right, title and
interest in and to all plans, specifications, documents, applications and
permits that have been prepared, submitted and/or issued to or on behalf
of Developer,
(ii) to require Developer to terminate any and all Construction Work,
(iii) to remove Developer from the construction site of the Project,
(iv) to complete the Project in accordance with the terms and conditions
of this Agreement using the Surety,
(v) utilize its Alternative Dispute Resolution procedure, [attached hereto
as Exhihit "II"],
(vi) pursue such other legal remedy it determines is appropriate to
recover Reimbursable Costs: it being acknowledged and agreed by the
County that except only for Reimbursable Costs, Developer shall not be
liable whatsoever for any indirect, consequential or punitive damages of
any kind or nature or any other costs, compensation and/or expenses
whatsoever for any default or Event of Default under this Agreement.
Consequential damages shall mean: losses that do not flow directly and
immediately from an injurious act, but that result indirectly from the act.
F. Notwithstanding that an Event of Default may have occurred, Developer
shall nevertheless be entitled to reimbursement from the County on or before
October 1, 2008, and the County shall be obligated to reimburse Developer on
that date, for all amounts expended or incurred by Developer under this
Agreement in excess of the amount of Road Impact Fee Credit Amount utilized
by Developer. Such reimbursement obligation of the County shall survive the
completion and acceptance of the Project by the County or earlier termination of
this Agreement.
11
Agenda Item No. 10A
April 11, 2006
Page 15 of 42
G. If after posting the Surety Developer commits an Event of Default, then
the number of residential units vested for traffic concurrency purposes in the
Terafina Development shall be equal to the number of building permits that the
sum of the following calculations could pay for with respect to road impact fees
only: [1] the actual amount of money expended by Developer in connection
with the design, permitting, construction and completion of the Project, plus [2]
any amount received by the County from the Surety and/or Developer; provided
however, if at, or any time subsequent to, Developer having committed an Event
of Default after posting surety the sum of numbers [1] and [2] above equal or
exceed the total amount of road impact fee payments needed for all building
permits for all 850 units in the Terafina Development as set forth in paragraph
one herein, then the Terafina Development shall become and remain
permanently vested for 850 residential units for traffic concurrency purposes.
This paragraph shall survive the completion and acceptance of the Project or the
earlier termination of this Agreement.
H. In the event the County does not approve any Terafina PUD extension
requested by Developer after Developer makes an administratively complete
application submittal for such extension pursuant to and consistent with the
provisions of Section lO.02.13.D of the Collier County Land Development
Code, Developer shall timely submit an application to amend the Terafina PUD
to extend the same (the "Amendment Application"). In such event, if: (1) the
County denies the Amendment Application, or (2) the County approves the
Amendment Application, and such approval (i) reduces the number of approved
units compared to that currently approved, and/or (ii) imposes any condition of
approval that imposes any new or significantly increases any existing obligation
(financial or otherwise) on the Developer, then in any of the foregoing events,
Developer shall have the right, but not the obligation, to terminate this
Agreement on written notice to the County, whereupon, this Agreement shall
terminate, Developer shall have no obligation to commence or complete
construction of the Project, and the County shall reimburse Developer for all
fees, costs, expenses and other charges mandated by this Agreement and
actually paid by Developer in connection with the Project within 6 months after
the date of such termination. This paragraph shall survive the termination of this
Agreement.
22. Developer shall not be penalized based on a Collier County Government caused
delay.
23. The failure of this Agreement to address any permit, condition, or term or
restriction in the actual design, permitting and construction of the Project shall
not relieve Developer or its successors of the necessity of complying with any
law, ordinance, rule or regulation governing said permitting, requirements,
conditions, or terms of restriction in the actual design, permitting and
construction of the Project.
12
Agenda Item No. 10A
April 11, 2006
Page 16 of 42
24. This Agreement shall only be modified or amended by the mutual written
consent of the parties hereto or by their successors in interest.
25. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this
Agreement.
26. The performance and execution of this Agreement shall be carried out in
conformance with the Risk Management Guidelines established by the County's
Risk Management Department as more particularly described in Exhibit "F"
attached hereto and incorporated herein by reference.
27. This Agreement shall be recorded by the County in the Official Records of
Collier County, Florida within fourteen (14) days after the County, by its duly
authorized Chairman, executes this Agreement. A copy of the recorded
document will be provided to Developer.
28. Any party to this Agreement shall have the ability to file an action for injunctive
relief in the Circuit Court of Collier County to enforce the terms of this
Agreement, said remedy being cumulative within any and all other remedies
available to the parties for enforcement of this Agreement.
29. The Road Impact Fee Credit Amount identified herein shall run with the
Terafina Development as described in Composite Exhibit "B" and "B-1" and
shall be reduced by the entire amount of road impact fee due on the first
building permit issued thereon and each successive building permit until the
Terafina Development is either completed or the Road Impact Fee Credit
Amount is exhausted or otherwise no longer available. It shall be Developer's
obligation to notify the County that an Impact Fee Credit is available, each time
a building permit is applied for. If a Road Impact Fee Credit Amount is
available, then the amount of Road Impact Fee Credit Amount utilized shall be
deducted from the available balance as shown on the Road Impact Fee Credit
Ledger.
30. An annual review and audit of performance under this Agreement shall be
performed by the County to determine whether or not there has been
demonstrated good faith compliance with the terms of this Agreement and to
report the Road Impact Fee Credit Amount applied toward payment of road
impact fees and the balance of the available unused Road Impact Fee Credit
Amount. If the Collier County Board of Commissioners finds, on the basis of
substantial competent evidence, that there has been a material failure to comply
with the terms of this Agreement, then the default provisions as stated herein
shall apply.
31. The duration or availability of the Road Impact Fee Credit Amount pursuant to
this Agreement, shall not be for a period in excess of five (5) years from the date
13
Agenda Item No. 10A
April 11, 2006
Page 17 of 42
of final completion of the Project and in no event shall the availability of the
Road Impact Fee Credit Amount under this Agreement exceed seven (7) years,
exclusive of any moratoria, from the date of recording this Agreement in the
Official Records of Collier County, Florida. For the purposes of this
Agreement, the date of final completion of the Project shall be the date of
acceptance of the Project by the County. An extension of the Certificate of
Public Facilities Adequacy for an additional five [5] years as provided for in this
Agreement shall be construed as a moratoria pursuant to Section 74-205 F4 of
the Consolidated Impact Fee Ordinance, as amended.
32. The off-site improvements, for purposes of impact fee credits, sha1l exclude any
access improvements to the Terafina Development.
33. The Transportation Administrator has determined that the proposed road impact
fee credit plan and vesting rights earned and granted under this Agreement are
consistent with the public interest.
34. Developer has delivered to the Office of the County Attorney an affidavit listing
the names and addresses of all partners, if a partnership, and stating that the
entity is in fun force and effect.
35. The parties acknowledge that the contributions herein characterized as work
done and property rights acquired by a highway or road agency for the
improvement of a road within the boundaries of a public right of way.
36. The Road Impact Fee Credit Amount shall only be for contributions made to the
transportation network to accommodate growth and which were made within the
respective road impact fee district where the Project is located.
37. Developer shall keep or provide for retention of adequate records and supporting
documentation which concern or reflect total project cost of construction or
installation of any improvements to be contributed. This information sha1l be
available to the County or its duly authorized agent or representative, for audit,
inspection, or copying, for a minimum of five (5) years from the termination of
this Agreement.
38. Any notices required or permitted to be given under this Agreement shall be in
writing and shall be deemed given if delivered by hand, sent by recognized
overnight courier (such as Federal Express), transmitted via facsimile
transmission or mailed by certified or registered mail, return receipt requested,
in a postage pre-paid envelope, and addressed as fo1lows:
As to County:
Norman Feder, Transportation Administrator
Transportation Administration
2885 South Horseshoe Drive
Naples, Florida 34104
14
Agenda Item No. 10A
April 11, 2006
Page 18 of 42
With a copy to County's
Legal Representative:
David Weigel, County Attorney
County Attorney's Office
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
With a copy to County's Road
Project Representative: Jay Ahmad, Director
Transportation Engineering
& Construction Management
2885 South Horseshoe Drive
Naples, Florida 34104.
As to Developer:
G.L. Homes of Naples II Corporation
c/o Kevin Ratterree, Vice-President
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, FL 33323
With a copy to Developer's Michael S. Sheitelman, Esquire
General Counsel: 1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, FL 33323
With a copy to Developer's
Legal Representative
Mark F. Grant, Esq.
Ruden, McClosky, Smith, Schuster & Russell
200 East Broward Boulevard
PO Box 1900
Fort Lauderdale, Florida 33302
Notices personally delivered or sent by overnight courier shall be deemed given
on the date of receipt, notices sent via facsimile transmission shall be deemed
given upon transmission and proof of receipt as evidenced by a confirmation of
transmittal page and notices sent via certified mail in accordance with the
foregoing shall be deemed given three (3) days after being deposited in the U.S.
Mails.
39. This Agreement shall be construed and governed in accordance with laws of the
State of Florida and in the event of any litigation hereunder, the venue for any
such litigation, shall be in Collier County, Florida. All of the parties to this
Agreement have participated fully in the negotiation and preparation hereof and,
accordingly, this Agreement shall not be more strictly construed against anyone
of the parties hereto.
40. In the event any provision of this Agreement is determined by appropriate
judicial authority to be illegal or otherwise invalid, such provision shall be given
its nearest legal meaning or reconstrued as such authority determines, and the
remainder of this Agreement shall be construed to be in full force and effect.
15
Agenda Item NO.1 OA
April 11, 2006
Page 19 of 42
41. In construing this Agreement, the singular shall be deemed to include the plural,
the plural shall be deemed to include the singular and the use of any gender
shall include every other gender and all captions and paragraph headings shall
be discarded.
42. This Agreement constitutes the entire agreement between the parties, and
supersedes any other agreement or understanding of the parties with respect to
the matters herein contained. This Agreement may not be changed, altered or
modified except in writing signed by the parties hereto.
43. The parties agree that in the event that any date on which performance is to
occur falls on a Saturday, Sunday or state or national holiday, then the time for
such performance shall be extended until the next business day thereafter
occurrmg.
44. Developer is and shall be in the performance of all work, services and activities
under this Agreement independent of the County and not an employee, agent or
servant of the County. All persons engaged in any of the work or services
performed pursuant to this Agreement on behalf of Developer shall at all times
and in all places be subject to Developer's sole discretion and supervision and
control. Developer's relationship and the relationship of its employees, agents,
servants and contractors, shall in all respects, shall be independent of the County
and not as employees or agents of the County. Developer does not have the
power or authority to bind the County in any promise, agreement or
representation other than as specifically provided in this Agreement.
45. Except when otherwise expressly stated herein to the contrary, whenever one of
the parties to this Agreement is to give its consent, decision, determination or
approval, such consent, decision, determination or approval shall not be
unreasonably withheld, conditioned or delayed.
46. The Final Certified Estimate of Probable Costs shall be adjusted upon
completion of the Project to reflect the actual cost of construction of the Project.
Developer shall not be entitled to any reimbursement under this Agreement for
those portions of the Final Certified Estimate of Probable Costs that exceed
fifteen (I 5%) percent of the approved Final Certified Estimate of Probable Costs
unless such amounts in excess of said fifteen [l5%] percent are caused by
changes or modifications to the Project as requested by the County from time to
time after the County has approved and accepted the Final Certified Estimate of
Probable Costs of the Project.
16
Agenda Item No.1 OA
April 11, 2006
Page 20 of 42
17
Agenda Item No. 10A
April 11, 2006
Page 21 of 42
List of Exhibits:
Exhibit "A": Composite Exhibit A-The Project
A-Project Description
A-I - Preliminary Alignment Logan Blvd. Vanderbilt Beach Road
To Immokalee Road
Exhibit "B": Composite Exhibit B- The Terafina Development
B- Legal Description of Terafina Development
B-1 - Terafina Location Map
Exhibit "C": The Preliminary Estimate of Probable Costs
Exhibit "D": Phasing Schedule
Exhibit "E": Attorney's Opinion
Exhibit "F": The County Risk Management Guidelines
Exhibit "G": Road Impact Fee Credit Ledger
Exhibit "H": Alternative Dispute Resolution Procedures
18
Agenda Item No. 10A
April 11, 2006
Page 22 of 42
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
AS TO COUNTY:
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA,
By:
Deputy Clerk
By:
Frank Halas, Chairman
AS TO DEVELOPER:
WITNESSES:
G.L. HOMES OF NAPLES ASSOClA TES II,
LTD., A FLORIDA LIMITED PARTNERSHIP
Print Name:
By: G.L. Homes of Naples II Corporation
A Florida Corporation, its General Partner
By:
Print Name:
Name:
Title:
Date:
19
Agenda Item No. 10A
April 11, 2006
Page 23 of 42
STATE OF FLORIDA
COUNTY OF BROW ARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument
was acknowledged before me by , the of
G.L. Homes of Naples II, a Florida Corporation, freely and voluntarily under authority duly
vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal
of said corporation. He/she is personally known to me or who has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2006.
NOTARY PUBLIC
(SEAL)
Name:
(Type or Print)
My Commission Expires:
Approved as to form and legal sufficiency:
Assistant County Attorney
Kr/terafina/dca2ndversion.krO 1 0906
20
Agenda Item No. 10A
April 11, 2006
Page 24 of 42
EXHIBIT A
Project Description
The Project is a two lane roadway extending southerly from Immokalee Road to Vanderbilt
Beach Road as an extension of Logan Boulevard.
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April 11, 2006
Page 25 of 42
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Agenda Item No. 10A
April 11, 2006
Page 26 of 42
EXHIBIT B
Legal Description of Terafina Development:
All of Section ] 6. Township 48 South, Range 26 East Collier County, Florida,
excepting the West 80' thereof pursuant to the recordation of that certain \Varranty
Deed recorded in Of Tidal Record Book 3052 Page 750.
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20
Agenda Item N
A' 0.10A
ppn111,2006
age 27 of 42
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Agenda Item No. 10A
April 11, 2006
Page 28 of 42
EXHIBIT C
Preliminary Estimate of Probable Cost
Design
Construction
Construction Engineering/Inspection
$ 890,000
$ 7,650,000
.$ 450.000
Total
$ 8,990.000
25
Agenda Item No. 10A
April 11, 2006
Page 29 of 42
EXHIBIT D
Phasing Schedule:
Year 1 (by June 1, 2006) - Bid, negotiate and finalize construction contract.
Commence construction of Logan Blvd. from lmmokalce Road to its present terminus
north of Vanderbilt Beach Road.
Year 2 (by May 1, 2007) - Complete construction of Logan Blvd. from lmmokalee
Road to its present tenninus north of VanderbiJt Beach Road.
Year 3 (by October 1, 2008) - Apply for and receive a minimum of 50 building
permits within the Terafina development.
Year 4 (b)' October I, 2009) - Apply for and receive a minimum of 125 building
permits within the Terufina development between October 1, 2008 and September 30,
2009; resulting in a total of 175 permits within the Tcrafina dcvclopmcmbeing received
prior to September 30.2009.
21
Agenda Item NO.1 OA
April 11, 2006
Page 30 of 42
AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF BROWARD ) 55:
BEFORE ME, the undersigned Notary Public, personally appeared N. Maria Menendez (the
"Affiann, to me well known to be the person who made and subscribed the following Affidavit, who, upon
being first by me duly sworn on oath, deposed and said as follows:
1. Affiant Is the Vice President of G.L. HOMES OF NAPLES II CORPORATION, a Florida
corporation, the sole general partner of G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida
limited partnership (the "partnership") and as such has personal knowledge of the business and affairs of
said Partnership and of all facts stated hereunder.
2, The sole general partner of the Partnership is G.L. HOMES OF NAPLES II
CORPORATION, a Florida corporation (the "Corporation"), having an address of 1600 Sawgrass
Corporate Parkway, Suite 300, Sunrise, Florida 33323.
(a) The sole shareholder of the Corporation is G.L. HOMES OF FLORIDA HOLDING
CORPORATION, a Florida corporation ("Florida Holding"), having an address of 1600 Sawgrass
Corporate Parkway, Suite 300, Sunrise, Florida 33323.
(b) The sole shareholder of ~lorida Holding is Itzhak Ezratti, -having an address of
1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323.
3. The limited partners of the Partnership are: (a) G.l. HOMES OF FLORIDA LIMiTED
CORPORATION, a Florida oorporation ("Florida Limited"), having an address of 1600 Sawgrass
Corporate Parkway. Suite 300, Sunrise, Florida 33323; and (b) RESIDENTIJ\L FUNDING
CORPORATION, a Delaware corporation (URFC"). having an address of 8400 Normandale Lake
Boulevard, Suite 250. Minneapolis, Minnesota 55437.
(a) The sole shareholder of Florida Limited is FlorIda Holding, having an address of
1600 Sawgrass Corporate Parkway, Suite 300. Sunrise, Florida 33323.
(I) The sole shareholder of Florida Holding is Itzhak Ezratt!, having an
address of 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323.
(b) The sole shareholder of RFC is RESCAP CORPORATION, having an address of
8400 Normandale Lake Boulevard. Suite 250, Minneapolis, Minnesota 55437.
(I) The sole shareholder of RESCAP CORPORATION is GENERAL
MOTORS ACCEPTANCE CORPORATION, having an address of 8400 Normandale Lake Boulevard,
Suite 250, MinneapOlis, Minnesota 65437.
4. This Affidavit is made and given in connection with that certain application for 8
Development Order Extension for the Terafina PUD by the Partnership. This Affidavit is made under
penalties of pe~ury, In additIon. Affiant declares that Affiant has examined this Affidavit and to the best of
Affiant's knowledge and belief it is true, correct, and complete. Affiant further declares that Affiant has the
authority to execute this Affidavit on behalf of the Partnership,
5. Affiant 1$ executing this Affidavit solely in her capacity as Vice President of the general
partner of the general partner of the Partnership, and no resort shall be had to any of Affiant's personal
assets on account hereof.
6. This affidavit is being given to correct an In Inadvertent Inaccuracy contained in
paragraph 3(b) of the Affidavit previously delivered to Collier County in connection with that certain
application for e Development Order Extension for the Teraflna PUD by the Partnership, a copy of which
is attaohed hereto as Exhibit HA",
Agenda Item No. 10A
April 11, 2006
Page 31 of 42
FURTHER AFFIANT SAYS NOT.
G.L. HOMES OF NAPLES ASSOCIATES lit L TO., a Florida
limited partnership
By:
By:
SWORN TO AND SUBSCRIBED before me this3Jst day of March, 2006.
~-fJa~
Notary Public, State of Ffol'icla
CommissIon No.:_QD':J!5J.f5f'"l
[NOTARIAL SEAL]
My CommissiOh Expires:
~"'- Anna B. Ernst
:- ~ Commission # 00454514
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Produced IdentlflCalion
EXHIBIT F
RISK MANAGEMENT GUIDELINES FOR
RIGHT OF \VA Y AND CONSTRUCTION
OF LOGAN BOULE V ARD
Agenda Item NO.1 OA
April 11, 2006
Page 32 of 42
Developer shall maintain the required Commercial General Liability insurance in full
force and effect, for the duration of the construction phase of Logan Boulevard until
accepted by the County pursuant to the terms set fonh herein. The area insured shaH be
as set fonh herein in Exhibit "B" to this Developer Contribution Agreement. Developer
shall maintain Commercial General Liability Insurance in limits of not less than
$ t ,000,000.00 per occurrence combined single limits. Coverage shall he \vritten on an
occurrence form. Developer shall name Collier County as an additional insured on said
policy.
Jeffrey \Valker, Risk Managemcnt Director
Collier County Government
Date: April __' 2006
-
EXHIBIT G
G.L. HOMES.t.OGAN EXT. TERAFINA. ROAD IMP FEE
Ending Balance $7,528,875.00
Final amount to be determined Upon approval by County's Transportation Div. Prior
to use of an credits.
DATE
PERMIT #
CREDIT AMT
Be innin Balance
BALANCE
$7,528.875.00
Agenda Item No. 10A
April 11, 2006
Page 33 of 42
COMMENTS
-
Agenda Item No. 10A
April 11, 2006
Page 34 of 42
EXHIBIT" H"
COLLIER COUNTY AL TERNA TIVE DISPUTE
RESOLUTION PROCEDURES
1. ll\TR.ODUCTION:
Florida law provides that written arbitration agreements are valid,
irrevocable and enforceable. Unless otherwise provided for herein, the provisions
of Florida Statutes. Chapter 682.01 et seq. shall be controlling.
These provisions provide a mechanism to resolve claims or disputes that
could potentially iead to litigation in construction contracts. The object is to
attempt to settle claims by mutual agreement or to make a good faith effort to
settle claims and disputes prior to litigation in court. The methods involve
binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial
approach in which a dispute is resolved by a trier of fact after presentations by
opposing parties. Its purpose is the speedy and economical resolution of disputes.
Arbitration is traditionally a less formal process than court litigation. Mediation
is a method used to settle disputes using an impartial person who listens to
presentation by both sides and facilitates settlement negotiations between the
parties.
Collier County will utilize the Twentieth Judicial Circuit Court Mediation
and Arbitration PrograI11, [hereinafter "Court Program"], to facilitate these
procedures.
2. DEFINITIONS:
2.1 Claim: A demand by either party to a contract for an equitable adjustment
of payment under a Collier County construction contract. A claim should
cover all unresolved disputes existing at the time of presentation to arbitration
or mediation.
2.2 Evidence: Oral testimony, written or printed material or other things
presented to the arbitratorfs] or mediatorfs] as proof of the existence or
nonexistence of a pertinent fact.
3. JURlSDICTION:
3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall
be submitted to binding arbitration. The parties may, by mutual consent,
agree to a one-person or single arbitrator panel. Aggregate claims may total
more than $250,000.00 for binding arbitration, but no single claim mav
exceed that amount.
'"\
Agenda Item No. 10A
April 11 , 2006
Page 35 of 42
3.2 A claim in excess of $250.000.00 brought pursuant to a consUUction contract
with the county shall be submitted to mediation or binding arbitration if
voluntarily agreed to by all parties. All claims less than 5250,000.00 and all
non-monetary claims brought pursuant to a construction contract with the
county must be submitted to binding arbitration.
3.3 Prior to the institution of any litigation in a circuit court against Collier
County, this Dispute Resolution process must be initiated.
3.4 Once the dispute resolution procedure has been initiated, a court of law may
not consider the issues involved in the claim(s) until the dispute resolution
process has been completed.
3.5 The claim must be a dispute between the County and the prime contractor.
3.6 The claim must be related to issues in dispute. which have treen previously
submitted in good faith to the County pursuant to this procedure and could
not be resolved by negotiation.
3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a
basis for delay of the contractor's performance under the contract.
4. INITIATING DISPUTE RESOLUTION PROCEDURE:
4.1 Either party shall initiate a request for mediation or arbitration within thirty
(30) calendar days after a denial of the claim after negotiation by County
staff or no later than forty-five (45) calendar days after knowledge of a claim
by claimant. In any event. no claim shall be made after the date when
institution of legal or equitable proceedings based on such claims would be
barred by the applicable statute of limitations.
4.2 Upon request, the County will make available to any party wishing to initiate
arbitration or mediation, a procedural package containing the necessary
forms. The forms shall include a Notice of Claim, a Request for Negotiation,
a Request for Arbitration and a Request for Mediation. The County's
Purchasing Department shall have these forms available and they will be
included in the County's bid package.
4.3 Either party to the contract may initiate arbitration or mediation of a claim by
submitting a Request for Arbitration or a Request for Mediation Claim Form
to the Purchasing Department. The initiating party must indicate on the form
whether or not they will be represented by counsel during the hearing and
may indicate a desire to resolve the claim based solely on a submittal of
documents by the parties with no hearing.
4.4 The Claim Form shall be accompanied by:
2
Agenda Item No, 10A
April 11, 2006
Page 36 of 42
a. A brief summary of the nature of the dispute involved in each pan of the
claim.
b. The amount of compensation being requested for each part of the claim
along with supporting information.
c. Copies of additional written information, not previously submitted under
Section 3 including exhibits, intended to be used. during the hearing to
support the claim, excluding the contract documents. It is suggested that
information be assembled in a tabbed notebook for ease of reference.
d. Contract Time analysis if a Release of LiQutdated_DamaQ'.f'~_i.c .u.clurlf-d...{r.u.
the claim.
e. No new or different claim, other than a change in the amountclaimed,. will
be allowed once the time and date for the hearing has been set.
f. I{tllc arbitration panel or mediator determines that information known to a
person not in attendance at the hearing or the mediation is essential to
arriving at its decision or for the fair exercise of the mediation process, he
or she may obtain a written affidavJt l:om that person and enter such
statement into the record.
5. A.DMD\lSTRATlON OF ARBITRATION:
5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the
party requesting arbitration and to each of the members of the panel so that it
is received at least foUrteen (14) calendar clays priotto the date scheduled for
the heM:ing.
5.2 The County shall set a time and date for an arbitration bearing within 21
calendar days after receipt of the Request In scheduling the time allotted
for a hearine (or comn4':x.r:.t:tims..S;l1..nsjdt".ralinn.11';J.I,h"\,0grr",tl'.tJ-o.'eJre'c:6_wT
the greater amount of testimony or other information required in order for the
arbitrators to gain a complete understanding of the issues, and if a party
requests additional time, the arbitrators selected may continue the matter in
7-calendar day increments. A request for a continuance must be submitted to
the arbitrators no later than 48-bours prior [0 the commencement of the
hearing. Once arbitration has begun. it may only be continued in 24 _ hour
increments.
5.3 The parties are expected to cooperate fully with each other in exchanging
information prior to the hearing. In general, it is expected that the panies
will have exchanged all documents relating to the claim during negotiations
between them prior to arbitration being initiated. In any event,. a fun.
3
, ,
Agenda Item No.1 OA
April 11, 2006
Page 37 of 42
exchange of documents shall be completed no later than seven (7) calendar
days prior to the date set for the hearing. Generally, introduction of
documents will not be allowed. during the hearing which have not been
previously been revealed to the other party.
5.4 Depositions and interrogatories will not be allowed except upon an order
from the arbi1ra1ors to take sworn testimony of an unavailable witness.
6. INVOLVEMENT OF ATTORm:.YS IN AN ARBITRATION HEARING:
Counselor another person who has sufficient authority to bind that party at any
hearing may represent a party. A court reporter win be present, unless waived by
both parties.
a. The hearing will be informal and involvement of attorneys, if desired, 1S
expected to be minimal. -
b. The parties shall have full opportunity to offer such evidence as is relevant
and material to the dispute.
c. Unnecessary extensive examination or cross-examination or extensive
argument of legal points by attorneys representing the parties will not be
permitted. The arbitrators may limit examination and argument as they deem
appropriate.
7. CO~'DUCT OF EVIDENTIARY HEARING TN ARBITRATION:
7.1 The County or court reporter if present shall administer an oath to all persons
who are to testify during the hearing.
7.2 Documents will be accepted and identified for the record.
7.3 Distinct and severable parts of a claim may be dealt with separately.
7.4 The order of proceeding will be for the party initiating arbitration to first
present evidence to support their claim. At the beginning of their initial
presentation, a party shall present a succinct statement of the issues and a
position on each issue. Orderly discussion between the parties as evidence is
pres. 'nted will be allowed.
7.5 Reasonable attempts will be made to assure that all relevant evidence
necessary to an understanding of the disputed issues and of value in resolving
the claim is heard and that each party has the opportunity to adequately rebut
all arguments and evidence submitted. The arbitration panel will be the sole
judge of the relevance and materiality of evidence offered.
4
Agenda Item No. 10A
April 11, 2006
Page 38 of 42
7.6 Conformance to legal rules of evidence shal1 Dot he Decessa.ry.
7.7 Members of the arbitration panel may ask questions of the parties for the
purpose of clarification.
7.8 If substantial new information is submitted during a hearing. which the
arbitration panel deems places the other party at a severe disadvantage
because of inability to develop an adequate rebuttal. the panellllay elect to
extend the hearing to a later date as previously set forth herein.
a. A stenographic record of any hearings by a Certified Colttt Reponer or
any previously recorded testimony or documcot prepared under oath.
such as an affidavit is admissible. ,
: b. Each party shall bear an equal share of the cost of the arbil:r\Yon panel.
C. Each party shaJl pay its o~ costs and attorney fees.
8. ADMIN1STRATION OF MEOLA nON:
d. All arbitration shall be concluded within one-half (112) day and all
mediation shall be conducted within one (1) day unless continued
pursuant to the provisions of Section 5.2 herein.
8.1 The respondent shaH prepare a mediation summary regarding the claim and
flJJnish .a copy to the party requesting mediation and to the mediator so that it is
received at least fourteen (14) calendar days prior to the date scheduled for the
mediation.
8.2 The County shall set a time and date for the mediation within 2 I calendar
days after receipt of the Request. In scheduling the time allotted for complex
claims. consideration will be given to the need for a greater amount of
information required in order for the mediator to gain a complete understanding of
tbe is<;ues. and if a narty t""'pIV~'''ls:._t\<ir.t.innt'!~1i4rr ..uric; UIC 'm.ewatoi" seJected may
continue the matter in 7 -calendar day increments. A request for a continuance
must be submitted to the mediator no later than 48-hours prior to the
COntlnencement of the mediation. Once mediation has begun. it may only be
continued in 24 - hour increments.
S.3 The Parties "'" expected to Cooperate fully with each other in excbanging
information. In general, it is expected that the parties wiJJ have ~changed all
documents relating to the claim during negotiations between them prior to
mediation. In any event. full exchange of documents shall be completed no later
than seven (7) calendar days prior to the date set for the mediation.
8.4 Each party shall bear an equal share of the cost of the mediatar~ '
I
5
Agenda Item No. 10A
April 11 , 2006
Page 39 of 42
.
...
8.5 Each party shall pay its own costs and attorney fees.
8.6 All mediation shall be conducted within one (1) day unless continued
pursuant to the provisions of Section 5.2 herein.
8.7 If a party fails to appear at a duly noticed mediation without good cause it
shall bear the costs of the mediator, attorneys' fees and other costs. The County
or any other public entity required to conduct its business pursuant to Florida
Statutes, chapter 286, that party shall be deemed to appear at a mediation
conference by the physical presence of a representative with authority to negotiate
on behalf of the entity and to recommend settlement to the appropriate decision-
making body of the entity.
8.8: A party is deemed to appear if the party or its representative having fun
authority to settle without further consultation, the party'!'" counselor a
representative of the insurance carrier who has full authority to settle up to the
amount of the claimant's last demand or policy limits, whichever is less, without
further consultation.
8.9 The mediator shall at all times be in control of the mediation and the
procedures to be followed in the mediation.
8.10 Counsel shall be permitted to communicate privately with their clients. In
the discretion of the mediator, mediation may proceed in the absence of counseL
8.11 The mediator may meet and consult privately with any party or parties or
their counsel, if any.
8.12 If a partial or final agreement is reached, it shall be reduced to writing and
signed by the parties and their counsel, if any.
8.13 If the parties do not reach an agreement as to any matter as a result of
mediation, the mediator shall prepare and distribute to each party a report
indicating the lack of an agreement without comment or recommendation. With
the consent of the parties, the mediator's report may also identify the outstanding
legal issues or other action by any party that, if resolved or completed, would
facilitate the possibility of a settlement.
9. COMPENSA nON OF THE ARBITRATION PANEL OR MEDIATOR:
Arbitrators and Mediators shall be paid at the rate ofSlSO.OO an hour, or the
current rate for the Court program. An additional fee of 25% shall be payable to
the Court Program far administration of any arbitration, but shan not be assessed
for a mediation. The parties shall equally share all costs and shall.remit all
charges to the Court Program upon the conclusion of the ADR PIbcess. ~
6
Agenda Item NO.1 OA
April 11, 2006
Page 40 of 42
10. MEMBERSHIP:
10.1 The Arbitration Panel will consist of one member selected by the County
and one member selected by the Contractor, unless the parties agree to utilize the
Court Program's arbitrators. The Court Program will select the third member of
any panel and the third member will act as Chairman for ail panel activities. Any
single arbitrator will be selected through the Court Program.
10.2 All mediators and the Chair of any arbitration panel shall appear on the
Court Program's list of persons approved to serve as mediators and,arbitrators.
10.3 It is desirable that all arbitration panel members have experience with the
type of construction involved in this project. _
lOA It is imperative that mediators and arbitration panel members show no
paniality to either the Contractor or the County, nor have any conflict of interest.
10.5 The criteria and limitations for mediators and arbitration panel
membership is as follows:
a. The person[s] selected will not have any direct or indirect ownership or
financial interest in the Contractor awarded the project, the CEl
consulting firm selected for the project, in any subcontractor or supplier
of the project, nor in other panel members. Each panel member shall
provide a statement of no known conflict.
b. No arbitrator or mediator shall have had any prior involvement in the
project of a nature that could be construed to compromise hislher ability
to impartially resolve disputes.
c. No arbitrator or mediator will be employed by the Contractor awarded
the project, the eEL consulting firm selected for the project or by any
subcontractor or supplier of the project dwing the life of the Contract,
except as a panel member or mediator.
d. The Florida Rules of Court Rules I 0.2C) et seq., Part n of the Rules for
Mediators and Part II of the Rules for Court Appointed Arbitrators shall
apply, except Rule 11.110 and Rules 10.870 through 10.900.
e. Rules 1. 720(c), (d), and (e) of the Florida Rules of Civil Procedure
governing mediation are incorporated herein.
7
..
.
Agenda Item No. 10A
April 11, 2006
Page 41 of 42
11. MISCELLANEOUS PROVISIONS:
a. Arbitrators and mediators shall be agents and employees of the County
for purposes of tort immunity resulting from any actions taken while
conducting the hearing[ s] or the mediation as long as these procedures
are followed. Such status shall not create a con1lict of interest.
Prepared and Approved as to form
and legal sufficiency:
-
Jacqueline Hubbard Robinson
Assistant County Attorney
8
.
..
Agenda Item No. 10A
April 11, 2006
Page 42 of 42
TIME CHART FOR ADR:
Within the Following Time Periods Following the Notice of Claim ortbe Date of the
Occurrence Underlying the Claim, Whichever is First, the FoJJowing Matters Must
Occur, [All days are Calendar Days]:
Up to 14 days after occurrence or Notice ofClaim,{whicbever is first]: The
matter must be negotiated with County Staff.
Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal.
Within 15 Days of Notice of Claim: Negotiation of dispute with County staff
must be completed.
Within 30 Days after Negotiations with County Slaff ends Or Within 45 days of
the date of the occurrence: a Request for Arbitration or Mediation Mrsst be Filed.
After a Request for Arbitration or Mediation is Filed:
Within 21 days: The Mediation or Arbitration shall be set including the names of
the participants and all relevant claim documents forwarded to the Mediator or
Arbitrators.
No Later Than 14 days prior to date of Mediation: A \vritten rebuttal to any claim
must be served on opposing party and Mediator or Arbitrators.
No Later Than 48 Houts Prior to the date of the Mediation or Arbitration: Any
request for a continuance must be filed with the Arbitrators or Mediator with a
copy to County Staff.
Once Mediation or Arbitration begins it may be continued for only 24 hours at a
time with the consent of the Arbitrators or Mediator.
Within 14 days of conclusion of Arbitration or Mediation: Writtetlrlf".dsion.IrlIlF.t~.
be issued indicating that a certain conclusion has been reached or an impasse
entitling claimant to proceed to court litigation.
Both parties must undertake all ADR proceedings in good faith.
H/JaclO~ute Relolullon PtDccclun:
9
Agenda Item No. 10B
April 11, 2006
Page 1 of 5
.-.
EXECUTIVE SUMMARY
Recommendation to approve Professional Service Agreement No. 06-3931 for
engineering and permitting services to be provided by Stanley Consultants, Inc., for
the four-Ianing of Golden Gate Boulevard from Wilson Boulevard to Desoto
Boulevard, Project No. 60040, in the amount of $3,300,000.00.
OBJECTIVE: To obtain approval of negotiated Professional Service Agreement No.
06-3931 with Stanley Consultants, Inc., for the four-laning of Golden Gate Boulevard
from Wilson Boulevard to Desoto Boulevard.
-
CONSIDERATIONS: On March 12, 2001, the Board of County Commissioners
approved an aggressive 5-Year Work Program to improve and expand roads in Collier
County to meet the existing and future needs of the community. Golden Gate Boulevard
is identified within the 5- Year Work Program. Traffic modeling and the most recent
volume studies indicate the need to expand the section between Wilson Boulevard and
Desoto Boulevard to 4 lanes. In order to meet the demands of future growth, the roadway
will be designed in a 6-lane footprint. In accordance with the Board approved Work
Program, staff solicited proposals from qualified consultants through a Request for
Proposal process (RFP #06-3931) posted December 7, 2005 in accordance with Florida
State Statute 287.055, Consultant Competitive Negotiation Act. Notices were sent to 50
firms, 24 packages were requested and 8 responses were received by the due date of
January 6, 2006. The selection committee rated and ranked the proposals and shortlisted
the top three firms. The shortlisted firms were Stanley Consultants, Inc. (first), Parsons
Brinckerhoff, Quade and Douglass (second) and Wilson Miller (third). Staff then met
with the top ranked firm and successfully negotiated a fair and reasonable contract for
engineering, design and permitting services.
FISCAL IMPACT: Funds in the amount of 1,900,000 are available in Impact Fee
District 6. A budget amendment is needed in the amount of l,400,000 from Gas Tax
Reserves. Source of funds are impact fees and gas taxes.
GROWm MANAGEMENT IMPACT: The expansion of Golden Gate Boulevard is
identified on the Annual Update & Inventory Report (CIE No. 40) and is consistent with
the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
contract and authorize the Chairman to sign the County Attorney approved Abrreement
for Professional Services. And approve any necessary budget amendments.
Prepared By: Gary R. Putaansuu, P.E., Principal Senior Project Manager, TECM
Attachment: Project Scope
,-
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.1 DB
April 11, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10B
Recommendation to approve Professional Service Agreement No, 06-3931 for engineering
and permitting services to be provided by Stanley Consultants, Inc.. for the four-Ianing of
Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard, Project No. 60040, in
the amount of $3,300,000,00. (Norman Feder, Administrator, Transportation Services)
4f11 fZ006 9:00:00 AM
Prepared By
Gary Putaansuu
Transportation Services
Senior Project Manager
Transportation Engineering and
Construction
Date
3128/2006 1 :48:02 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
3/30/2006 8:32 AM
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Date
Transportation Administration
3130/2006 2:47 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
3/30/20063:01 PM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
3/30/2006 3:35 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
3/30/2006 3:56 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/30/20064:07 PM
Approved By
Rhonda Rembert
Administrative Services
Contract Specialist
Date
Purchasing
3131/20068:43 AM
Approved By
Susan Usher
County Manager's Office
Senior ManagementlBudget Analyst
Date
Office of Management & Budget
3/31/200611:55AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
3131/2006 1 :18 PM
Agenda Item No.1 OB
April 11, 2006
Page 3 of 5
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3131120066:18 PM
Agenda Item No. 10B
April 11, 2006
Page 4 of 5
PROJECT SCOPE
Project Background
Golden Gate Boulevard is the major east-west corridor serving the Golden Gate Estates.
The Westerly section from Collier Boulevard to Wilson Boulevard, which was widened
from two lanes to four lanes six years ago, is already experiencing capacity issues. This
project will extend the four-laning from Wilson Boulevard to Desoto Boulevard. To
avoid future capacity issues it will be designed in a six-lane footprint.
The Wilson Boulevard and Everglades Boulevard Intersections are experiencing capacity
issues. This project will maximize capacity improvements at these intersections with
future growth in mind.
The 36-inch City of Naples Water Main traverses the project on the north shoulder of the
existing roadway. The presence of this water main and the costs in protecting it or
relocating it dictate alignment of the new roadway to the south. This was also the case
with the section from Collier Boulevard to Wilson Boulevard.
Project Description
Widen the existing two-lane road to four lanes in a six-lane footprint from Wilson
Boulevard to Desoto Boulevard, a distance of 5.7 miles. The roadway section will include
bike lanes, sidewalks, street lighting, and landscaping hardscape. The project will include
signals at Wilson Boulevard, Everglades Boulevard and Desoto Boulevard Intersections;
replacement of bridges crossing the Main Golden Gate, Miller and Faka-union canals;
and a stormwater runoff management system. The installation of bike racks at the school
bus stops along Golden Gate Boulevard will be continued through this project.
Environmental Considerations
The project falls within both primary and secondary panther habitat and as a result it will
be subject to review and consultation with the Fish & Wildlife as part of the Army Corps
of Engineers permit. Consultation may result in providing wildlife crossings as well as
mitigating for loss of habitat.
Public Involvement
Public Information meetings will be held at the 30%, 60% and 90% design stages and a
project kickoff meeting will be held at the start of construction.
Acquisition Considerations
Due to the number of parcels on this project, the right of way acquisition will be split into
two phases, with the first being Wilson Boulevard to Everglades and the second being
Everglades to Desoto.
Agenda Item No. 10B
April 11, 2006
Page 5 of 5
Magnitude of the design
Surveying - This project includes capacity improvements to the intersections at Wilson
Boulevard, Everglades Boulevard, Desoto Boulevards as well as tying into eleven other
side streets. The result is over ten miles of surveying.
Right of Way - There are 250 parcels of property from Wilson Boulevard to Everglades
and another 125 parcels of property from Everglades to Desoto that will require sketches
and descriptions for acquisition of easement and right of way takes. In addition there will
be the need to acquire anywhere from six to twelve pond sites for storm water runoff
detention and water quality improvement.
Soils Investigation - The soils survey for the project area indicates the presence of
caprock at shallow depths and soils that support wetlands. The limits and depth of
caprock will be identified and the amount of muck soils needing removal will be
delineated. This general investigation of the project will be supplemented by borings at
the location of bridge structures and signal mast arms. The total investigation will require
well over one thousand borings and soil samples.
Plan Sheets - The entire project will require the development of at least 700 plan sheets
and could be upward of one thousand. The project could be let as one large project with
two milestones of construction or be split into two separate projects for construction.
Budgetary considerations may drive that decision.
Agenda Item No. 10C
April 11, 2006
Page 1 of 7
-
EXECUTIVE SUMMARY
Recommendation to award Contract 06-3908 to Bradanna, Inc. in the amount of
$2,091,222.00 for construction of the upgrade of the scalehouse facility and scales at the
Naples Landfill and to approve the necessary budget amendment, Project 59005.
OBJECTIVE: The public purpose is to improve customer service by enhancing Solid Waste
operations by constructing a new scalehouse and replacing the old scales with three new ones,
thereby improving accountability, efficiency and working conditions at the Naples Landfill.
,-
CONSIDERA TIONS: The scope of this construction project at the Naples Landfill includes
construction of the new scalehouse, providing new scales, improved pavement, and security and
safety systems. The Naples Landfill accepts and weighs over 740,000 tons of solid waste
material per year. The present 200 square foot scalehouse was designed to accommodate about
200 trucks per day with room for one employee. Currently, two employees are required in the
building and traffic has increased to 400 - 500 trucks per day. The limitations of the present
facility are causing delays at the scales, inefficient maintenance of scalehouse records, reduced
ability to check the declared classification of materials entering the landfill, and unsafe
conditions for customers and staff. The proposed construction will allow for a more efficient
processing of materials which will improve service and reduce wait time. The new facilities will
also enhance recordkeeping and greatly improve safety conditions.
The Solid Waste Department submitted the "Design for [Landfill] Operations and Recycling
Center" upgrade project work order at the Board of County Commissioners (Board) regular
meeting on November 18, 2003, Agenda Item 16 C 2. The work order was awarded by the
Board to PSI, Inc in the amount of $125,000. Site engineering plans were completed in May,
2004, and the Site Development Permit was issued May, 2005. Architectural building plans
were completed in September, 2005, and submitted for the building permit review, which is
currently in-process. The engineer's estimate for construction in 2004 was $1,400,000.
Invitation to Bid (ITB) 06-3908 was advertised in Naples Daily News on December 28, 2005, &
January 2, 2006. Four firms purchased plans, and three bids were received on February 24,
2006. Bids consisted of a base bid and in this ITB, eight mandatory alternate bids were
requested. In a typical ITB, alternate bids can be requested and may be added to the construction
scope at the customer (Solid Waste in this case) Director's discretion. ITB 06-3908 requested
prices for several items including truck scales and security systems from specific vendors (versus
the open market under the base bid), extra site paving and landscaping, a metal roof, a
replacement gate at the entrance to the Landfill, hurricane shutters, and additional security
cameras. The Solid Waste Department desires to construct the facility with listed alternates 1-5,
7, and 8 (See bid tab attached).
-
Norstar's alternate bids were not complete and therefore have been deemed "non-responsive" by
the Purchasing Department. Since lTB 06-3908 requires that the contract "shall be issued to the
lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the
Owner's investigations of the Bidder", Norstar's "entire bid" is not qualified since the quote for
Executive Summary
Award Bid
Page 2
Agenda Item NO.1 OC
April 11, 2006
Page 2 of 7
tilt/pan/zoom cameras was not provided and hence the alternate bids were not complete.
Bradanna, Inc. was the lowest responsive bidder for the base bid and alternates and they have a
satisfactory performance record on previous projects involving similar work. Staff has reviewed
all bids and considers Bradanna's to be fair and reasonable and recommends award of this
contract to Bradanna, Inc.
Following is a summary of bids received:
Biddine Firm Base Bid Alternates Total
Bradanna,Inc $1,601,000 $490,222 $2,09l,222
Norstar Construction $1,621 ,000 (non-responsive bid)
Lodge Construction, Inc $2,716,318 $578,633 $3,294,951
The Clerk's Finance and Accounting Division and Purchasing Department have reviewed the
information contained in this Executive Summary.
FISCAL IMP ACT: $2,091,222 is needed for the construction. Funds in the amount of
$2,051,4 1 3 are available for the project (59005) from the Solid Waste Capital Project fund (Fund
474). An additional $40,000 must be transferred to the budget to have sufficient funds to
complete the desired scope of construction. A total of $40,000 can be transferred from Project
59002 to Project 59005, both fund 474, for this construction. Fund 474 was budgeted and
approved by the BCC at the Budget Hearing of September 22, 2005.
GROWTH MANAGEMENT IMPACT: The Project has no direct impact but is consistent
with, and furthers the goals, objectives and policies of, the Collier County Growth Management
Plan.
RECOMMENDATIONS: That the Board of Commissioners award Contract 06-3908 to
Bradanna, Inc for construction of the upgrade of the Scalehouse Facility and scales at the Naples
Landfill, in the amount of $2,09l ,222, and authorize the Chairman to execute the standard
construction contract after review by County Attorney and approve the necessary budget
amendment.
PREPARED BY: R. Shane Cox, P.E., Senior Project Manager, Public Utilities Engineering
Department.
-,
Agenda Item No.1 OC
April 11, 2006
Page 3 of?
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10C
Meeting Date:
Recommendation to award Contract 06-3908 to Bradanna, Inc. in the amount of
$2,091,222.00 for construction of the upgrade of the scalehouse facility and scales at the
Naples Landfill and to approve the necessary budget amendment, Project 59005. (Jim
DeLony, Administrator, Public Utilities)
4f11f2006 900:00 AM
Prepared By
R. Shane Cox, P.E.
Senior Project Manager
Date
Public Utilities
Public Utilities Engineering
2124f2006 4:37:59 PM
Approved By
Jack P. Curran
Purchasing Agent
Date
Administrative Services
Purchasing
3/6/20067:24 AM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
3/612006 1 :56 PM
Approved By
William D. Mullin, PE
Principal Project Manager
Date
Public Utilities
Public Utilities Engineering
317120062:56 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
318/2006 11 :42 AM
Approved By
Daniel R. Rodriguez, M.B.A. Interim Solid Waste Director
Date
Public Utilities Solid Waste
3/13/20061:07 PM
Approved By
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
3114/20061:33 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
3115/20061:43 PM
Approved By
James W. DeLony
Public Utilities Adm inistrator
Date
Public Utilities
Public Utilities Administration
31201200610:03 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3128/2006 1 :55 PM
Approved By
Agenda Item NO.1 OC
April 11 , 2006
Page 4 of?
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/31/20063:50 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/3/2006 11 :03 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/3/20062:03 PM
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Agenda Item No. 12A
April 11, 2006
Page 1 of 3
-
EXECUTIVE SUMMARY
Provide a Status Report on F.S. Chapter 164 Proceedings 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 describe 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: To provide a Status Report on F.S. Chapter 164 Proceedings in Reference to the
Inverse Condemnation Lawsuit of Bemard J. and Helen R. Nobel. and Vincent D. Doerr vs. Collier
County, in Case No. 05-0064-CA and describe 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.
CONSIDERATIONS: On September 23, 2003, through Agenda Items 8.1. and 1 O.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 Extensio n 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 1, 2005, 640, more or less, unimproved, contiguous acres acceptable to the Board
- and suitable for various recreational purposes, including as an Off-Highway Vehicle (OHV)
scramble site.
The District had previously acquired 625.28 acres (the "Property"), west of Immokalee and north
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 241.28
acres is being left in its natural state. The District proposed conveying the Property to the Board
in fulfillment of its obligation under the Agreement. On June 14, 2005, Agenda Item lO.G., the
Board was advised of the availability of this 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.
Collier County was sued in inverse condemnation by Nobel/Doerr and SFWMD and the State
were joined via third party complaint as co-defendants to potentially achieve resolution of the
640 acre issue without the context of the selections and potential liabilities and responsibilities of
the State and SFWMD and the County through the Chapter l64. F.S. requirements.
-
Subsequent to the June 14, 2005 meeting, the District provided a copy of an Evaluation of
Dredged Material (EDM) from the Lake. The EDM showed that arsenic and selenium
concentrations in some of the samples from the Lake exceed soil cleanup target levels
established by the Florida Department of Environmental Protection. In addition, the dredging
project will leave most of the 384 acres treeless making it not an attractive Off-Highway Vehicle
(OHV) scramble site. While we have not yet had an environmental assessment performed on the
Property, Environmental Services has cautioned that the 241.28 undeveloped acres may harbor
Agenda Item No, 12A
April 11, 2006
Page 2 of 3
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.
Presently, an offer to settle the inverse condemnation lawsuit by the State in the amount of
$575,000.00 to Mr. and Mrs. Nobel and $2,654,000.00 to Mr. Doerr is under consideration.
Attorney fee issues in this case have been worked out and at no cost to the County.
The afore stated issues relating to the condition of the property and its use and habitat limitations
remain. The Board may wish to consider working with SFWMD on this matter.
FISCAL IMPACT: The extension of time does not result in any fiscal impact to the County.
GROWTH MANAGEMENT IMPACT: The eventual addition of recreational acreage to
Collier County may have a positive impact.
RECOMMENDATION: That the Collier County Board of County Commissioners consider
the status report and provide appropriate direction.
PREPARED BY: Jacqueline Williams Hubbard, Assistant County Attorney
03.0197/1130
2
Agenda Item No. 12A
April 11, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
12A
This item to be heard at 10:30 a,m. Status Report on F.S. Chapter 164 Proceedings 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 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.
Meeting Date:
4f11/2006 9:00:00 AM
Approved By
Nancy Bradley
Legal Secretary
Date
COllnty Attorney
COllnty Attorney Office
3129/2006 2:38 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
3130/20063:16 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3130/2006 4:09 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3130/2006 7: 23 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3130120068:10 PM
Agenda Item No. 16A1
April 11, 2006
Page 1 of 4
,-
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners approve a
resolution delegating authority to the County Manager or his designee for the purpose of
signing, for Collier County as grantee, Transfer of Development Rights (TDR)
Conservation Easements.
OBJECTIVE: To provide explicit authority to the County Manager or his designee to accept, as
grantee, on behalf of ColJier County, conveyances of Easement associated with voluntary
participation in the TDR program.
CONSIDERATIONS: The Transfer of Development Rights (TDR) program within the Rural
Fringe Mixed Use District was first adopted into the Future Land Use Element of the
Comprehensive Plan under Ordinance 2002-32, effective July 22, 2003. The implementing
regulations under the Land Development Code were first adopted under Ordinance 2004-08,
effective February 20, 2004.
Under the TDR program, owners of privately held property in the Sending Lands may
voluntarily sever development rights in the form ofTDR credits under certain conditions. One of
those conditions is the conveyance of a TDR Conservation Easement to Collier County. As a
conveyance of an interest in real property, the instrument must be signed by the County as
- grantee prior to recording. In the past, this has been accomplished by signature of the Chairman
of the Board of County Commissioners.
Signature by the Chairman of the Board of County Commissioners has raised questions
concerning the attestation of the signature by the Clerk of Courts simply because the authority to
do so arises implicitly from Ordinances approved months or years prior to the signature.
The delegation of authority under this Resolution would explicitly grant the signature authority
to the County Manager or his designee to sign as grantee. This delegation of authority is
consistent with both the letter and the spirit of the Comprehensive Plan and the LDC, as stated
below. The intent is to provide explicit authority to accomplish a ministerial or administrative
function in the TDR severance process.
FISCAL IMPACT: There is no fiscal impact associated with this Reso lution.
GROWTH MANAGEMENT IMP ACT: The TDR program in the Rural Fringe Mixed Use
District calls for "the establishment of a simple, expeditious process whereby private property
owners may, by right, 'sell' residential dwelling units from lands designated as Sending Lands"
under a program to be "administratively reviewed and approved, requiring no further public
hearing or Board approval if consistent with the provisions for administrative approval". The
delegation sought by this Resolution would better accommodate this process.
_.
LEGAL CONSIDERATIONS: LDC Section 2.03.07 D.4.e requires the execution and
subsequent recording of a legal instrument prepared in accord with the form provided by the
Agenda Item No. 16A 1
April 11, 2006
Page 2 of 4
County that limits the allowable uses on the property after severance of TDR credits. The form
provided by the County is the TDR Conservation Easement, which requires the County's
signature as grantee.
STAFF RECOMMENDATION: That the Board of County Commissioners approve a
resolution delegating authority to the County Manager or his designee for the purpose of signing,
for Collier County as grantee, Transfer of Development Rights (TOR) Conservation Easements.
Prepared by: Kris Van Lengen, Senior Planner, Comprehensive Planning Department
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A 1
April 11,2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Recommendation that the Collier County Board of County Commissioners approve a
resolution delegating authority to the County Manager or his designee for the purpose of
signing. for Collier County as grantee, Transfer of Development Rights (TOR) Conservation
Easements.
4f11 f2006 900:00 AM
Prepared By
Kris VanLengen
Community Development
and Environmental Services
Planner
Date
Approved By
Comprehensive Planning
3122120063:11:51 PM
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
3127120068:05 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
31281200610:25 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/28/2006 4:43 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3129/2006 8:45 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
312912006 4:05 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3130/2006 3:53 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3130/20067:39 PM
Agenda Item No. 16A 1
April 11, 2006
Page 4 of4
RESOLUTION NO 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
DELEGATING SIGNATORY AUTHORITY TO TIlE
COUNTY MANAGER FOR THE PURPOSE OF
ACCEPTING CONVEYANCES OF TRANSFER OF
DEVELOPMENT RIGHTS (TOR) CONSERVATION
EASEMENTS.
WHEREAS, the Rural Fringe Mixed Use District, an AgriculturalfRural Designation of
the Future Land Use Element of the Growth Management Plan, was created in part to direct
incompatible uses away from wetlands and upland habitat in order to protect water quality and
quantity, to maintain the natural water regime and to protect listed species of fish, plants and
wildlife in their habitats; and
WHEREAS, the Rural Fringe Mixed Use District provisions in the Growth Management
Plan call for "the establishment of a simple, expeditious process whereby private property
owners may, by right, 'sell' residential dwelling units from lands designated as Sending Lands"
under a program to be "administratively reviewed and approved, requiring no further public
hearing or Board approval if consistent with the provisions for administrative approval;" and
WHEREAS, the creation of Transfer of Development Rights (TDR) credits requires the
execution of Conservation Easements in favor of Collier County pursuant to Land Development
Code (LDC) Subsection 2.03.07 DA.f.ii (a), which in turn requires the acceptance, by signature,
of Collier County as grantee on the TDR Conservation Easement instruments; and
WHEREAS, the signature by the County Manager, or his designee, would further a
simple, expeditious process in connection with the acceptance of TDR Conservation Easements
as part of the TDR program.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Authority is hereby explicitly delegated to the County Manager or his designee to sign as
grantee on behalf of Collier County any TDR Conservation Easement associated with the TDR
program that has been approved in compliance with procedures established by and under
authority of the Land Development Code, Sections 2.03.07 and 2.03.08.
This Resolution adopted after motion, second and majority vote this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRANK HALAS, Chairman
Agenda Item No. 16A2
April 11, 2006
Page 1 of 14
--
EXECUTIVE SUMMARY
Recommendation to approve an Interim Management Plan for the School Board- Section
24 property under the Conservation Collier Land Acquisition Program
OBJECTIVE: Request approval of the attached Interim Management Plan for the School
Board-Section 24 property and direction to the County Manager, or his designee, for its
implementation.
CONSIDERATIONS: The Conservation Collier Ordinance, 2002-63, section 14(1), requires
that, no later than sixty (60) days from the date of acquisition, an Interim Management Plan shall
be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee
(CCLAAC) for approval. Upon approval, the Plan shall be submitted to the Board of County
Commissioners for final approval and shall be implemented according to the Board's direction.
Subsequent to the Interim Management Plan, a final plan is to be presented to the Board within
two (2) years.
On December 9, 2005, Collier County acquired 65 acres of land, currently known as the School
Board-Section 24 parcel, for the Conservation Co llier Program.
On February 2, 2006, staff submitted an Interim Management Plan for the School Board-Section
- 24 parcel to the Lands Evaluation and Management Subcommittee for review.
On March 13, 2006, staff submitted the Interim Management Plan to the CCLAAC which
unanimously recommended approval with two suggested revisions, to add coordination with Boy
and Girl Scout Troops for trail development and to change the order of the action plan. The
changes have been made to the plan.
FISCAL IMPACT: The cost of land management activities for the first two years has been
estimated to be $45,700. Funds are budgeted within the Conservation Collier Land Management
Fund to accomplish these activities. Staff will also seek grant funding to assist in reducing these
costs.
-
GROWTH MANAGEMENT IMP ACT: Management of Conservation Collier lands to
support appropriate public access is consistent with and supports Policy 1.1.6 and Objective l.3
in the Recreation and Open Space Element ofthe Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in Section 14,
provides a legal framework for development of management plans and for use of
environmentally sensitive lands. Recommendation of the Interim Management Plan for the
School Board-Section 24 parcel by the Conservation Collier Land Acquisition Advisory
Committee for Board approval falls within this legal framework.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Interim Management Plan and direct the County Manager, or his designee, to implement it for
the School Board-Section 24 parcel.
PREPARED BY: Christal Segura, Environmental Specialist, Conservation Collier Program, Environmental
Services Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A2
April 11, 2006
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Recommendation to approve an Interim Management Plan for the School Board-Section 24
property under the Conservation Collier Land Acquisition Program.
4f11 f2006 9:00:00 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/27/20064:19 PM
Approved By
Cheri Rollins
Community Development &
Environmental Services
Administrative Assistant
Date
Environmental Services
3128/2006 2:21 PM
Approved By
Alexandra J. Sulecki
Community Development &
Environmental Services
Senior Environmental Specialist
Date
Approved By
Environmental Services
3128/2006 2:48 PM
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
3128/20063:16 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3129/20068:50 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3129/20064:08 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3130/2006 5:03 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3130/2006 8:27 PM
Agenda Item No. 16A2
April 11, 2006
Page 3 of 14
Conservation Collier School Board Property-
Section 24 Interim Management Plan
Prepared By:
Collier County Environmental Services Department
2800 North Horseshoe Drive
Naples, FL 34104
January 2006
January 2006
Agenda Item No. 16A2
April 11 , 2006
Conservation Collier School BoardPage 4 of 14
Interim Management Plan
Table of Contents
1.0 Purpose and Scope of the Interim Management Plan.............................. 3
2.0 Management Authority and Responsibilities........................... ........... 3
3.0 Interim Site Plan ...................................................................... 3
3.1 Location and Site Description.............................................. 3
3.2 Signage...... ...... ...... .... ..... ... ... .......... ... ........ .... ..... ...... .... 4
3.3 Easements, Concessions or Leases...... .... .................... ............ 4
3.4 Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 4
3.5 Surrounding and Adjacent Land Uses........................................ 4
4.0 Interim Management Objectives............................................. ....... 4
4.1 Natural Resource Protection........................... ...................... 4
4.2 Site Security...... ...... ...... ...... ............. ...... ........... .............. 6
4.3 Exotic Vegetation Removal and Maintenance Plan............... ......... 6
4.4 Debris Removal... ........... ....... ... ......... ... ...... ... .... ........... .... 6
4.5 Cultural, Historical and Archaeological Resource Protection............ 6
4.6 Listed Species Protection.................. ................................ .... 6
4.7 Public Access.................................................................... 6
4.8 Site Monitoring and Long Term Management Plan........................ 6
4.9 Partnerships...................................................................... 7
5.0 Exhibits.. . .. . . . . . .. .. . .. .. .. . . . . .. .. . . .. .. . . . . . .. .. .. .. . .. .. . . .. . . . . .. . . . . .. . .. . . .. . ..... . 8
EXHIBIT l: Location Map
EXHIBIT 2: Aerial Location Map
EXHIBIT 3: Aerial Map
EXHIBIT 4: Estimated Cost Table
EXHIBIT 5: Implementation Timeline
2
January 2006
Agenda Item No. 16A2
April 11, 2006
Conservation Collier School BoardPage 5 of 14
Interim Management Plan
1.0 Purpose and Scope of the Interim Management Plan
The School Board property was purchased by Collier County in December 2005 with funds from
the Conservation Collier program. The property will be managed only for conservation,
protection and enhancement of natural resources and for public outdoor recreation that will be
compatible with the conservation, protection and enhancement of the site and its surrounding
lands.
This Interim Management Plan is intended to identify the key management priorities and issues
within the site and give direction for management for the next two years. This document is
meant to be the precursor to a Final Management Plan, which will outline more specific aspects
of site management.
Key Interim Management Objectives
1. Protect, manage and restore (as appropriate) the native habitat on site
2. Determine what actions will be necessary to open the site for public access
3. Explore opportunities for grant funding and partnerships
4. Meet with community members who have an interest in this property and obtain feedback
for Final Management Plan
Action Plan
1 a. Notify surrounding property owners of purchase and meet with interested
community members to receive input on management plan.
1 b. Install temporary Conservation Land signs along property boundaries.
2a. Explore possible exotic vegetation removal grants from U.S. Fish and Wildlife Service
(USFWS) and FL Department of Environmental Protection (FLDEP).
2b. Remove and manage invasive exotic vegetation
3a. Assess the need for native vegetation restoration
3b. After initial exotic vegetation removal is complete, determine and begin the appropriate
actions necessary for developing public access.
4a. Coordinate with local Boy Scout and Girl Scout Troops to assist in trail development.
2.0 Management Authority and Responsibilities
The Collier County Environmental Services Department will be solely responsible for managing
the School Board property, but will seek to obtain grants and utilize partnerships and volunteers
for management activities.
3.0 Interim Site Plan
3.1 Location and Site Description
The School Board property is located east of Golden Gate City in Rural Fringe Neutral
Lands north of Brantley Blvd. and east of Blue Sage Drive. The property is adjacent to a
canal along the entire northern property line and along Blue Sage Drive. It is located in
Township 49, Range 26 and Section 24, in Collier County, Florida. The total acreage is
3
January 2006
Agenda Item No. 16A2
April 11 , 2006
Conservation Collier School BoardPage 6 of 14
Interim Management Plan
65 acres. The property is composed primarily of good quality pine tlatwoods, portions of
which are hydric, with minimal invasive exotics present.
3.2 Signage
Temporary signs identifying the property as Collier County Conservation Land will be
posted at the access off of Blue Sage Drive. Temporary no trespassing signs may also be
posted along site boundaries.
3.3 Easements, Concessions or Leases
No easements, concessions or leases are on the parcels or proposed for the future, unless
they further conservation objectives, such as a conservation easement.
3.4 Structures
There is no well or other type of structure on the property.
3.5 Surrounding and Adjacent Land Uses
The School Board parcel is surrounded by Rural NGGE residential property, a nursery,
vacant agricultural land, a golf course property and a canal.
4.0 Interim Management Objectives
4.1 Natural Resource Protection
Existin!! Ve!!etation:
Ground Cover: Heavy ground cover of Muscadine grape (Vilis rotundifolia) and Poison
ivy (Toxicodendron radicans), Scattered Sawgrass (Cladium jamaicense) and Swamp
fern (Blechnium serrulatum)
Midstory: Scattered Saw palmetto (Serenoa repens), Beautyberry (CallicGlpa
americana), Cypress (Taxodium distichum), Sumac (Rhus copallina), Wax myrtle
(Myrica cerifera), Bumelia (Bumelia sp.) and Myrsine (Myrsinefloridana)
Canopv: Primarily mature Slash pine (Pinus elliottii), scattered Cabbage palm (Sabal
palmetto), occasional Laurel oak (Quercus laurifolia) and Dahoon holly (Ilex cassine).
Unique Natural Features:
The site contains mature Slash Pine habitat preferred by the Red-cockaded Woodpecker,
a species that is listed as Endangered by the USFWS and Threatened by the Florida Fish
and Wildlife Conservation Commission (FFWCC). The site also contains endangered
Common wild pine (Tillandsiafasciculata).
Listed Plant Species
Listed plant species include those found on either the Endangered and Threatened
Wildlife and Plants 50 CFR 17.1 land l7.l2, December 1999 (FWS) or the Florida
Department of Agriculture, August 1997 (FDA).
The following listed plant species were observed:
4
Januwy 2006
Agenda Item No. 16A2
April 11, 2006
Conservation Collier School BoardPage 7 of 14
Interim Management Plan
COMMON NAME SCIENTIFIC NAME STATUS
FDA FWS
Common wild pine Tillandsia fasciculata E Not listed
Reflexed wild pine T balbisiana T Not listed
Butterfly orchid Encyclia tampensis C Not listed
Threadroot orchid Harrisella filiformis T Not listed
E=Endangered, T=Threatened, C=Commercially Exploited
Possible Wildlife Listed SDecies:
Listed wildlife species include those found on either the Endangered and Threatened
Wildlife and Plants 50 CFR 17.11 and 17.12, December 1999 (FWS) or the Florida Fish
and Wildlife Conservation Commission (FWCC) (formerly the Florida Game and
Freshwater Fish Commission), August 1997 (identified on official lists as GFC).
COMMON NAME SCIENTIFIC NAME STATUS
GFC FWS
Gopher tortoise* Gopherus polyphemus SSC Not listed
Red-cockaded Picoides borealis T E
Woodpecker
Florida Panther Felis concolor coryi E E
Florida Black Bear Ursus americanus T Not listed
floridanus
SSC= Species of Special Concern, E=Endangered, T=Threatened
* A gopher tortoise was observed just across the property line, but a gopher tortoise burrow
was present on the property.
The observed habitat and location would support the presence of the following listed
species: Florida panther (Felis conca lor coryi), Florida black bear (Ursus americanus
jloridanus) and Red-cockaded woodpecker (Picoides borealis). A radio-collared Florida
panther and Florida black bear were located on adjacent properties within 1 mile of the
parcel. A Red-cockaded woodpecker cavity tree was observed on site.
Exotic Ve!!etation:
Minimal invasive exotic plant species observed include Brazilian pepper (Schinus
terebinthifolius), and EarJeaf acacia (Acacia auriculiformis). The initial cost of exotic
removal is estimated to be approximately $10,000. This is based on cost estimates
provided by a contractor who routinely contracts with the County parks and Recreation
Department for exotic removal, and considers that the low level of infestation would
require treatment of only approximately 6 acres along property boundaries by cutting,
treating the stumps and removing the debris to a waste facility.
Costs for follow-up maintenance, done anywhere from quarterly to annually, have been
estimated at between $100 and $450 per acre. For this parcel costs would likely be in the
lower range and would decrease over time as the soil seed bank is depleted.
5
January 2006
Agenda Item No. 16A2
April 11, 2006
Conservation Collier School BoardPage B of 14
Interim Management Plan
4.2 Site Security
There are currently no obvious site security issues associated with the School Board
property, however, a trail appears well used by some sort of vehicles. No evidence of
off-road activities over the general landscape was noted. A sign identifying preserve
status will be placed at the public access point and a determination will be made as how
to best restrict vehicular access.
4.3 Exotic Vegetation Removal and Maintenance Plan
The Collier County Environmental Services Department wi]) hire contractors to treat the
exotic vegetation on the site. Staff will seek assistance from surrounding community for
potential volunteers to supplement contracted exotic maintenance.
4.4 Debris Removal
Currently, staffis not aware of any large trash items existing on the property.
4.5 Cultural, Historical and Archeological Resource Protection
The School Board property is not within an area of historical and archaeological
probability, and no historical or archaeological sites appear to be present on the property.
The County will notiry the Division of Historical Resources immediately if evidence is
found to suggest any archaeological or historic resources are discovered. If such
resources are identified on-site, staff shall cordon off the area, and a professional survey
and assessment shall be instituted. The archaeologist shall prepare a report outlining
results of the assessments and issue recommendations to County staff about management
of any sites discovered, per provisions of the Land Development Code Section 2.2.25.
This report shall be sent to the Division of Historical Resources. The County shall
cooperate fully with direction from the Division of Historical Resources on the protection
and management of archaeological and historical resources. The management of these
resources will comply with the provisions of Chapter 267, Florida Statutes, specifically
Sections 267.061 2 (a) and (b).
4.6 Listed Species Protection
Staff will evaluate needs for protection.
4.7 Public Access
Public access will be limited to special requests until exotics are removed, a trail can be
established and appropriate public access is determined through development of a Final
Management Plan.
4.8 Site Monitoring and Long Term Management Plan
Monitoring of the site shall consist of invasive exotic vegetation re-treatment and listed
species population surveying. The Environmental Services Department shall be
responsible for property maintenance with tasks contracted out as necessary and
management partnership sought with the surrounding community. The site wi]) be
monitored for exotic vegetation re-growth semi-annually for two years following initial
treatment. After two years, exotic vegetation will be monitored on a yearly basis.
6
January 2006
Agenda Item No. 16A2
April 11, 2006
Conservation Collier School BoardPage 9 of 14
Interim Management Plan
The Collier County Property Appraiser's Office Aerials indicate that a wildfire burned
two portions of the property between 2004 and 2005. A site visit verified it was a very
hot fire as many Slash pine trees in the center of the property and in the extreme south
end have perished. These areas will continue to be monitored for new seedling growth
and recovery.
4.9 Partnerships
Staff will seek out and evaluate potential for other types of partnerships for conservation,
protection, educational, and funding opportunities. Staff will coordinate with local Boy
Scout and Girl Scout Troops to assist with trail development.
Staff will also explore possible grants for invasive exotic vegetation removal including:
USFWS Partners for Fish and Wildlife Program (Conservation Collier Cooperative
Agreement Modification would be required) and FLDEP Bureau of Invasive Plant
Management Working Group Program.
7
January 2006
5.0 Exhibits
EXHIBIT l: Location Map
Agenda Item No. 16A2
April 11, 2006
Conservation Collier School Boarflage 10 of 14
Interim Management Plan
Conservation Collier School Board Section24 Location Map
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Date: 12.1&.05 Revised- CS
8
January 2006
Agenda Item No. 16A2
April 11, 2006
Conservation Collier School BoarBage 11 of 14
Interim Management Plan
EXHIBIT 2: Aerial Location Map
Conservation Collier School Board Section24 Location Map
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Created By: GIS I CDES I Environmental Services
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Date: 12.16.05 Revised CS
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9
January 2006
Agenda Item No. 16A2
April 11. 2006
Conservation Collier School Boarilage 12 of 14
Interim Management Plan
EXHIBIT 3: Aerial Map
Conservation Collier School Board Section24 Aerial Map
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Conservation Collier School Board Property
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10
January 2006
Agenda Item No. 16A2
April 11, 2006
Conservation Collier School BoarBage 13 of 14
Interim Management Plan
EXHIBIT 4: Estimated Cost Table
Exotics Control
$10,000
$1,000
Access Trails
$15,000
t.b.d.
Maintenance cost
unknown at this' .
Includes cost of ADA
compliant section
Table, bene
can
Trash Removal
Total
$0
$45,700
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Agenda Item No. 16A3
April 11, 2006
Page 1 of4
EXECUTIVE SUMMARY
,"-'
Recommendation to approve for recording the final plat of "Sabal Bay Commercial Plat-
Phase Three", approval of the standard form Construction and Maintenance Agreement
and approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Saba I Bay Commercial Plat - Phase Three", a
subdivision of lands located in Section 19, Township 50 South, Range 26 East, Collier County,
Florida, following the alternative procedure for approval of subdivision plats pursuant to
Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Sabal Bay Commercial Plat - Phase Three". These documents
are in compliance with the County Land Development Code and Florida State Statute No. 177.
All fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
.-
Engineering Services Department recommends that the final plat of "Sabal Bay Commercial
Plat - Phase Three" be approved for recording.
FISCAL IMPACT:
The project cost is $7,374.66 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $7,374.66
- $-0-
The Security amount, equal to 110% of the
project cost, is $8112.13
The County will realize revenues as follows:
-.
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $1,251.24
Agenda Item No. 16A3
April 11, 2006
Fees are based on a construction estimate of $7,374,66 and were paid inPage 2 of 4
September, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5Jac) -$1,030.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 55.31
c) Drainage,
Paving, Grading (.75% const. est.) - $-0-
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 165.93
e) Drainage, Paving,
Grading(2.25%const.est.) - $-0-
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 "Sabal Bay Commercial
Plat - Phase Three" for recording with the following stipulations:
1. Approve the amount of $8,112.13 as performance security for the required improvements; or
such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
-
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A3
April 11, 2006
Page 3of4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to approve for recording the final plat of Sabal Bay Commercial Plat Ptlase
Three. approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
4f11 f2006 900:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
3/20/2006 11 :24: 13 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
Approved By
CDES Engineering Services
3127/20061:25 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/28/2006 1: 16 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/29/20068:51 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/29/2006 4:09 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/30/20062:15 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3f30/2006 8:42 PM
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Agenda Item No. 16A4
April 11, 2006
Page 2 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Heritage Bay Phase Two-A",
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 "Heritage Bay Phase Two-A", a subdivision of lands
located in Section 13, 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 "Heritage Bay Phase Two-A". 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 "Heritage Bay Phase Two-
A" be approved for recording.
FISCAL IMPACT:
The project cost is $1,456,994.67 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $804,924.00
- $652,070.67
The Security amount, equal to 110% of the
project cost, is $ 1,602,694.14
The County will realize revenues as follows:
_.
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $44,979.84
,_.
.-
Agenda Item No. 16A4
April 11, 2006
Fees are based on a construction estimate of $1 ,456,994.67 and were palmifl3 of 4
September, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,270.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 6,036.93
c) Drainage,
Paving, Grading (.75% const. est.) - $ 4,890.53
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $18,110.79
e) Drainage, Paving,
Grading(2.25%const.est.) - $14,671.59
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.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Heritage Bay Phase
Two-A" for recording with the following stipulations:
1. Approve the amount of $1,602,694.14 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16M
April 11, 2006
Page 4 of4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16M
Recommendation to approve for recording the final plat of Heritage Bay Phase Two-A,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
4f11/2006 900:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
3/21/2006 9:31 :50 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
3127/20061:25 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/28/2006 1 :45 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3129/20068:51 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/29/2006 4:09 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/30/20062:48 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager Date
County Manager's Office 3/30/20068:47 PM
Agenda Item No. 16A5
April 11, 2006
Page 1 of4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Golden Gate Estates Unit 48
Tract 77 Replat"
OBJECTIVE:
To approve for recording the final plat of "Golden Gate Estates Unit 48 Tract 77 Replat", a
subdivision of lands located in Section 11, Township 49 South, Range 27 East, Collier County,
Florida, following the alternative procedure for approval of subdivision plats pursuant to
Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Golden Gate Estates Unit 48 Tract 77 Replat". These
documents are in compliance with the County Land Development Code and Florida State
Statute No. 177. All fees have been paid. This would be in conformance with the County Land
Development Code -- Section 10.02.04. There are no subdivision related improvements
associated with this plat.
.-.
Engineering Services Department recommends that the final plat of "Golden Gate Estates Unit
48 Tract 77 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: $1030.00 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.
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.
..---
,.-.-
Agenda Item No. 16A5
April 11, 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 "Golden Gate Estates
Unit 48 Tract 77 Replat" for recording.
,,-..
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Number:
Item Summary:
Meeting Date:
Agenda item No. 16A5
April 11, 2006
Page 4 of4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A5
Recommendation to approve for recording the final plat of Golden Gate Estates Unit 48 Tract
77 Replat.
4/11 fZ006 9 00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
3/21/2006 9:42:40 AM
Approved By
Thomas E. Kuck. P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
COES Engineering Services
3/27/20061:24 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/28/200612:53 PM
Approved By
Joseph K. Schm itt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/29/2006 8:52 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/29/20064:10 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/30/20063:14 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/30/2006 8:44 PM
Agenda Item No. 16A6
April 11, 2006
Page 1 of4
--
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Reflection Lakes at Naples
Phase 2C", 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 2C", 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.
CONSIDERA TIONS:
,,-
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Reflection Lakes at Naples Phase 2C". 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
r~cording 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 2C" 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)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 2,549.33
- $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. 16A6
April 11, 2006
Fees are based on a construction estimate of $14,800.00 and were paid iflqjJfil~f 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 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 the plat and associated documents and found
same to be legally sufficient.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Reflection Lakes at
Naples Phase 2C" 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
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A6
April 11,2006
Page 3 of4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A6
Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase
2C, approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
4/11f2006 9:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
3/241200610:53:17 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
Approved By
CDES Engineering Services
3/27/20061:23 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/28/2006 10:44 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/29/20068:54 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/29120064:11 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/30/20063:36 PM
Approved By
James V. Mudd
Board of County
Com missioners
County Manager
Date
County Manager's Office
3/30/2006 7:50 PM
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IX
Agenda Item No. 16A7
April 11 , 2006
Page 1 of 4
--
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Reflection Lakes at Naples
Phase 20", 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 20", 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.
CONSIOERA TIONS:
,-..
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Reflection Lakes at Naples Phase 2D". 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 20" be approved for recording.
FISCAL IMPACT:
The project cost is $16,400.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 2,400.00
- $14,000.00
The Security amount, equal to 110% of the
project cost, is $18,040.00
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: $1,507.00
_.
_.
Agenda Item No. 16A7
April 11, 2006
Fees are based on a construction estimate of $16,400.00 and were paid iR~f.>~19f4
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.) - $ 18.00
c) Drainage,
Paving, Grading (.75% const. est.) - $ 105.00
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 54.00
e) Drainage, Paving,
Grading(2.25%const.est.) - $ 315.00
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to 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 the plat and associated documents and found
same to be legally sufficient.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Reflection Lakes at
Naples Phase 20" for recording with the following stipulations:
1. Approve the amount of $18,040.00 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
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A7
April 11, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase
20, approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
4f11f2006 9:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
3/24/200610:47:42 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
3/27/20061:24 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/28f2006 10:52 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/2912006 8:53 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/29120064:11 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3f30f2006 3:28 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/30120067:05 PM
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Agenda Item No. 16A8
April 11, 2006
Page 1 of 4
-,
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Reflection Lakes at Naples
Phase 3E", 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 3E", 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 3E". 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 3E" 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)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 2,549.33
- $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. 16A8
April 11, 2006
Fees are based on a construction estimate of $14,800.00 and were paid if1~rle1f 4
2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$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 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 the plat and associated documents and found
same to be legally sufficient.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Reflection Lakes at
Naples Phase 3E" 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
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A8
April 11, 2006
Page 4 of4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase
3E, approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
4f11f2006 900:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Approved By
Engineering Services
3122120067:17:24 AM
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
Approved By
CDES Engineering Services
3f27/20061:24 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
3/28/200& 12:54 PM
Approved By
,-
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/29/2006 8:53 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/29fZ006 4:10 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3130/2006 3:21 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/3012006 7:35 PM
,-.
Agenda Item No. 16A9
April 11, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to award RFP #06-3906, "Records Management Services" to Vital
Records Control, LLC for an estimated annual budget of $50,000
OBJECTIVE: That the Board of County Commissioners award RFP #06-3906,
"Records Management Services," to Vital Records Control of Florida, Limited Liability
Corporation (VRC), for the storage and retrieval of the Community Development and
Environmental Services Division building permit files.
CONSIDERATIONS: On February 1, 2006 the Collier County Purchasing Department
posted RFP #06-3906, "Records Management Services." Invitations to bid were sent to
47 vendors. The RFP was due on February 23, 2006 and three vendors responded:
Archives One, Incorporated; Certified Records Management, Limited Liability
Corporation; and Vital Records Control of Florida, Limited Liability Corporation.
On Wednesday, March 22, 2006, a selection committee meeting was held, and after
review, scoring and discussion of the proposals, by consensus, Vital Records Control of
Florida, Limited Liability Corporation was selected as the number one choice among the
prospective vendors. Certified Records Management was placed as the second ranked
firm with Archives One as the third ranked firm. The selection committee was composed
of staff from the Engineering Services Department, Operations Support and Housing
Department, the Purchasing Department (non-voting) and the Records section.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this Executive Summary.
FISCAL IMP ACT: Records management services for the voluminous number of files
for the Community Development and Environmental Services Division has an estimated
cost of $50,000 per year, budgeted annually and supported by the Community
Development and Environmental Services Records Room section budget within Fund
113.
RECOMMENDATION: That the Board of County Commissioners (1) award RFP #06-
3906 to Vital Records Control of Florida, Limited Liability Corporation; and (2)
Authorize the Chairman to sign the standard, County Attorney approved contract.
Prepared by: James French, Regulation and Operations Manager, Operations Support and Housing, CDES
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A9
April 11, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Recommendation to award RFP #06-3906. Records Management Services to Vital Records
Control. LLC for an estimated annual budget of $50,000.
4/11/2006 9 0000 AM
Prepared By
James French
Community Development &
Environmental Services
Operations Supervisor
Date
CDES Operations
3/27/20063:01:53 PM
Approved By
Brenda Brilhart
Administrative Services
Purchasing Agent
Date
Purchasing
3127120064:21 PM
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Date
Purchasing
3128/200612:47 PM
Approved By
Denton Baker
Community Development &
Environmental Services
Financial Admin & Housing Director
Date
Financial Admin. & Housing
3/291200610:36 AM
Approved By
Constance k Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/29/200612:56 PM
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Purchasing
3129/2006 1 :51 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3130120065:20 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3131/20068:24 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/31/2006 12:14 PM
Approved By
James V. Mudd
County Manager
Date
i'~
,.--.
~
Agenda Item No. 16A9
April 11, 2006
Page 3 of 3
Board of County
Commissioners
County Manager's Office
3/3112006 1 :47 PM
Agenda Item No. 1681
April 11, 2006
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the Landscape,
Sidewalk, and Swale Maintenance Agreement between II Regalo Development and Collier
County for the improvements on Orange Blossom and Yarberry Lane.
OBJECTIVE: To recommend that the Board approve a landscape, sidewalk and swale
maintenance agreement with I1 Regalo Development for the installation and future maintenance
improvements on Orange Blossom and Yarberry Lane associated with the I1 Regalo
Development.
CONSIDERATION: Collier County Transportation has reviewed the paving, grading,
drainage, and landscape plans for the improvements on Orange Blossom and Yarberry Lane in
association with II Regalo Development. The improvements are to be funded by 11 Regalo and
maintained by the homeowner's association. The landscape, sidewalk, and swale maintenance
agreement permits the installation of enhanced landscaping, irrigation, sidewalks, and swales and
provides for ongoing maintenance of all improvements within the County's rights-of-way.
FISCAL IMPACT: There is no fiscal impact for the County. There is a $208.00 recording fee
which has been paid for by the Developer. All expenses associated with the improvements and
the related ongoing maintenance shall be the responsibility of the developer and the
homeowner's association.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the Maintenance
Agreement between II Regalo Development and Collier County.
Prenared Bv: Pamela J. Lulich, RLA, Project Manager, Alternative Transportation Modes
Attachments:
1. Landscape, Sidewalk and Swale Maintenance Agreement between Collier County and IL
Regalo Development, Inc
2. Exhibit A - SDP Planting Plan; Paving, Grading & Drainage Plans
3. Exhibit B - Landscape Maintenance Specifications
Agenda Item No, 1681
April 11, 2006
Page 2 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B1
Recommendation that the Board of County Commissioners approve the Landscape,
Sidewalk, and Swale Maintenance Agreement between II Regalo Development and Collier
County for the improvements on Orange Blossom and Yarberry Lane.
Meeting Date:
4/11/200690000 AM
Prepared By
Pamela J. Lulich
Project Manager
Date
Transportation Services
Alternative Transportation Modes
3/21/200610:59:22 AM
Approved By
Pamela J. Lulich
Project Manager
Date
Transportation Services
Alternative Transportation Modes
3/21/200611:47 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
3122/2006 2:32 PM
Approved By
Diane B. Flagg
Director A TM Director
Date
Transportation Services
Alternative Transportation Modes
3124/2006 9:11 AM
Approved By
Gloria Herrera
ManagementlBudget Analyst
Date
Transportation Services
Storm water Management
3/27/200610:26 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3/29/20068:36 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
3/30120069:06 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/30/2006 1: 34 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30/20063:57 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/31/20069:00 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Agenda Item No. 1681
April 11, 2006
Page 3 of 21
Board of County
Commissioners
County Manager's Office
3131/20069:26 AM
Agenda Item No. 1681
April 11, 2006
Page 4 of 21
LANDSCAPE. SIDEWALK & SW ALE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into this _ day of ,
2003, by and between Collier County, Florida, a political subdivision of the State of Florida whose
mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the
"County"), and II Regalo Development, LLC, whosemailingaddressis809WaIkerbiltRoad.Suite
No.6 Naples, FL 34110 (hereinafter referred to as the "Association").
RECITALS:
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Yarberry Lane and Orange Blossom (hereinafter referred to as "Road");
and
WHEREAS, Section IV-B-12 of the Construction Standards Handbook for Work Within
The Public Rights-Of-Way, Collier County, Florida (2003) provides as follows:
Permitting
The responsible property owner or his authorized agent must apply for a "Permit
to Perform Work and/or Maintenance in Public Rights-of-way".
Landscaping Permit Within the public rights-of-way: A private owner, Developer
or civic or homeowners' association desiring to landscape within a public right-
of-way shall submit a landscape and irrigation construction documents prepared
by a licensed landscape architect for County review. The Permit application shall
include three (3) sets of detailed plans indicating the existing right-of-way
facilities and the type and location of the proposed plantings, location of
electrical and irrigation systems(s). After acceptance of the landscape and
irrigation plans, a landscape agreement shall be prepared by the contracting
parties and approved by the County attorney's office. (See Appendix for example)
The purpose of the landscape agreement is to ensure that the Permittee, or his
successors or assign, shall be responsible to maintain such material and
irrigation system until removed or unless otherwise specified; and
WHEREAS, in keeping with the above, the Association has applied for a Landscaping
Permit Within the Public Rights-of-Way, and has submitted landscape and irrigation construction
documents prepared by a licensed landscape architect for County review. A copy of this Permit
and the plans are attached hereto as Schedule "A". The Association shall follow the Collier
County Maintenance specifications attached as Schedule "B".
NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as
follows:
I of4
Agenda Item No. 1681
April 11, 2006
Page 5 of 21
1. Subject to the issuance of all necessary Permits, County hereby grants to the
Association the right to use those portions of the Road depicted in Schedule "A", for the sole
purpose set forth in Schedule "A". The Permits address, among other things, the timing of the
work, maintenance of traffic flow during construction, and the permissible lane closures during
the time that work is to be performed.
2. The Association agrees to construct and maintain the improvements set forth in
Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such
time as the County executes a release from indemnification as discussed below.
3. Should the Association fail to construct or maintain the Improvements in accordance
with Schedule "A" or law, the County may provide notice to the Association in writing,
specifying the nature of the deficiency. Within five working days following receipt of such
notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected.
In the event damage to, or failure to maintain the Improvements results in a situation where
public safety is at risk, (1) the Association shall effect repairs within twenty-four hours of receipt
of the County's written notice, or (2) the County may, at its option, effect repairs to the
Improvements, without the need for prior notice to the Association, and will promptly bill the
Association for all actual costs incurred in effecting the repairs. The Association shall reimburse
the County for such costs within thirty days of receipt of the County's bill.
4. The Association, as Indemnitor hereunder, shall indemnify and save hannless the
County, as Indemnitee hereunder, including all employees ofthe County, from any loss or
damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines,
penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs oflitigation,
against the County arising out of the Association's use of the Road for the purposes set forth in
this Agreement, including the construction and removal of the Improvements. The Indemnitee
shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's
obligation hereunder without the prior consent of Indemnitor, such consent to not be
unreasonably withheld.
5. The indemnity provided for by this Agreement will extend from the date of this
Agreement until such time as the parties hereto acknowledge in writing that the Association has
ceased to use the Road for the purposes stated within this Agreement and the Road has been
restored as set forth below, at which time, following receipt of the Association's written request,
the County will execute a release from indemnification in favor of the Association.
6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty days of the date that County is aware of
such claim.
7. Unless terminated as set forth below, this Agreement shall remain in full force and
effect in perpetuity from the date first set forth above, and shall be binding upon the parties and
20f4
Agenda Item No. 1681
April 11, 2006
Page 6 of 21
all their successors in interest. The Agreement may be freely terminated as of right by either
party, with or without cause, upon written notice to the other. If the Association exercises this
right, or if the County exercises this right based upon the Association's substantial breach of this
Agreement, then upon written demand by County, the Association, at its sole cost and expense,
shall remove the Improvements and will restore the Road to the condition that existed
immediately prior to the effective date of this Agreement. If the County exercises this right, or if
the Association exercises this right based upon the County's substantial breach of this
Agreement, then the County will be responsible for any removal of the Improvements or
restoration of the Road. Except for the above, neither party will be liable to the other for any
damages or claims resulting from the termination of this Agreement.
8. In the event either party hereto shall institute legal proceedings in connection with,
or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its
costs of suit, including reasonable attorney's fees, at both trial and appellate levels.
9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The Association shall pay all costs of recording this Agreement prior to the
execution of this Agreement. A copy of the Recorded Agreement will be provided to the
Association.
10. This Agreement is the entire agreement between the parties, and supercedes all
previous oral and written representations, agreements and understandings between the parties.
This Agreement shall be governed by the laws of the State of Florida, and may not be altered or
amended in any way, save by written agreement signed by both parties.
11. The rights and obligations of this Agreement shall bind and benefit any successors
or assigns of the parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY
30f4
Agenda Item No. 16B1
April 11, 2006
Page 7 of 21
In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A TIEST:
Dwight E. Brock, Clerk
Frank Halas, Chairman
Tl ~cJc l+ c A- ("Association")
By: (~LJt."(7J-e^,
P~nted N me: C' R...j/~ Ld NJ!f.-r' 17
TItle: U. l '-l tq l::' ''-
fttA><'d"J ~1(
STATE OF FLORIDA
COUNTY OF COLLIER
Signed and acknowledged on this eo day of ,fJ At. C!.H , 20~ before me, t~ & 'IOf:,
undersigned notary public, by ~T13 6~ JJ 7# e/e... , P,cs;del'lt~t.A~t.~6fJt
r (.. 2f..6.1J.(.,{) t..J4lY1e OtUAJlIS ~a Florida corporation not-for-profit, on behalf
of the corporation. He J( is personally known to me or [ ] produced
as identification.
.ltJgx.M /J~
Notary Public
Printed Name: DOIJAJ A- m4SoAJ
My Commission Expires: .sltill/Z()o'7
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~~~. . EXPIRES: May 28, ~
~'"::ti! !looded Thru NeIllY Nlllc UndIIwI1ItII
Approved as to Legal Form and Sufficiency:
Scott Teach
Assistant County Attorney
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Agenda Item No. 1681
April 11, 2006
Page 17 of 21
SCHEDULE "B"
RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS
These specifications are intended to provide the information by which private entities may understand the minimum
requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements shall
be kept and made available to the County's representative upon request.
A. M OWIN G AND EDG IN G: Mowing and edging shall include medians as well as those areas, if existing, along the
outside edge ofthe sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment
to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall
be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 Yz").
The frequency of cutting will be weekly or fifty-two (52) times.
Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs,
around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals,
posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the
mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turfareas
around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on
streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging.
All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no
clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on
right-of-way areas.
B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as
well as other mulched areas by chemical and/or hand removal wi\l be performed weekly or as necessary to provide a
weed free and well maintained area.
C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below
ten-foot (10') foot.
All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and pruned on a
weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement
purposes and desired shape or form as determined by County's representative. Pruning shall also include removal
of water sprouts, suckers and any dead or diseased foliage or branches.
During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or
Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24") height based upon
the type of plant. Ornamental type grasses such as Liriope muscari 'Evergreen Giant', shall only be pruned at the
direction and approval of the County's representative.
Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred
twenty inches (120"). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one
foot (1') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be
maintained so that they angle or are rounded away from the pathway.
D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but
not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-ups shall be
performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or
disposal site.
E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the
curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or
objectionable growth so to maintain a neat and safe condition.
10f5
Agenda Item No. 1681
April 11, 2006
Page 18 of 21
F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of
Traffic (MOT) Policy, copies of which are available through Risk Management or the Purchasing Department. The
Developer shall obtain and review the County MOT policy requirements prior to submitting a bid.
The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict
adherence to the requirements of the MOT policy will be enforced under this Contract.
To assist in employee visibility; approve bright day glow red/orange colored safety vests shall be worn by
employees when servicing the area.
G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree, or
palm with foliage above a ten-foot (10') level.
All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen-foot (17')
canopy clearance over the roadways and a ten-foot (] 0') canopy clearance over all pathways. Canopy trees shall be
selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to
shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress
under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall
do the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees,
Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning
Standards" of the national Arborist Association or accepted local trade standards and practices.
Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a nine
(9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds.
Approximately seven (7) to (] 0) ten green fronds shall be left at the head after pruning. The pruning shall include
removal of all nuts, seed stalks, brown or dead and lower fronds.
The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The
palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use ofa
ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat
manner.
When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is
required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per
the current FDOT traffic control standards and indexes.
H. FERTILIZA TION: Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve-inch
(] 2") wide radius ring around the base of the plants. Granular fertilization of the trees and palms shall be
determined by the caliper (diameter) of the trunk and broadcast by hand in a band around the plant's base from a
distance of ]2" to the drip line of the palm, whenever possible.
An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (]) cup per one-inch (I") caliper. Shrubs and
ground covers shall receive one ( I ) cup per three foot (3') of height or spread. Shrubs and groundcovers shall receive
one-half (1/2) cup per eighteen inches (] 8") of height or spread. All fertilizer shall be swept off all sidewalks,
concrete curbing and paving.
The fertilizer shall be applied as set forth in the following schedule.
Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees.
The (13-3-13) fertilizer shall be applied at a rate often (10) pounds per one thousand (1 000) sq ft. for all areas. Four
applications of(13-3-]3) fertilizer will be applied yearly during the months of February, May, July, and October.
Palms: Developer shall apply approved by County's representative palm fertilizer during February, May, July, and
October as specified below.
Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul-
Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified.
20f5
Agenda Item No. 16B 1
April 11, 2006
Page 19 of 21
1. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a
four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to receive the
mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement
of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May.
J. LANE CLOSURE: Lane closure for median maintenance shall be limited. Upon proper placement of the lane
closed signs, pre-warning signs, arrow boards, traffic cones form the existing soil grade.
K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be
manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of
the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper
operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or
replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines,
replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and
operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage.
SUBSURFACE IRRIGATION SYSTEMS:
No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical
metal blade edging is permitted along the back of curbing.
Weekly Service Requirements:
1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the
systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as
necessary. This shall also include review and re-setting of the controller and in-ground moisture sensor
adjustments or other rain sensing devices as needed.
2. System Computer/Controller
a. Operate, adjust, and set controller to provide proper operation of the systems.
b. Diagnose and repair electrical and mechanical malfunctions.
c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings.
d. Operate controller on automatic, manual and single trip operation.
e. Monitor controller standby battery backup and replace as required.
3. Automatic Control Assemblies and Quick Coupling Valves
a. Review control valve assembly and by-pass system for proper settings.
b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks;
pressure gauge operation; proper settings and are clean of debris or mulch.
4. Pump Sites
a. Inspect for proper operations.
b. The Developer shall record and provide to the County's representative the well water flow meter
readings for the two well locations on the General Maintenance Report Sheets.
5. Review system water source connections to include water meters, backflow preventers, gate valve points
of connection and main lines for proper operation.
Monthly Service Requirements:
I. Automatic Control Valve Assembly
Manually operate valves, and clean valve assembly filters
2. Backflow Assembly
Review assembly for proper operation and clean filter as needed
3. Quick Coupling Valves
Review boxes and operate valve
30f5
Agenda Item No. 1681
April 11, 2006
Page 20 of 21
4. Pump Sites
a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and
document the results for future reference.
b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying
onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper
coverage.
c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter
and document the results for future reference.
d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station.
5. Manually run the system with open flush caps and review sprinkler head indicators located at the end of
zones.
6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the
end of zones where present to determine the system and porous piping is functioning properly.
7. Check, analyze and adjust flow control devices as required.
Quarterly Service Requirements:
I. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall
operation and provide adjustments as required to assure proper operation and irrigation application.
Conventional Pop-up Irrigation Systems:
Weekly Service Requirements:
I. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system.
2. Repair system for any blown-off heads, broken lines or leaks around heads or valves.
3. Check the controller and rain sensing devices for proper operation and settings.
4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one
hundred percent (l 00%) irrigation coverage.
5. Within all work areas the Developer shall review the plant material and turffor dry conditions and iffound
correct the problem.
Monthly Service Requirements:
I. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to
ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway.
a. Each median and side right-of-way zone shall be manually turned on at the valve to ascertain proper
operation of the system.
b. Repair system for any blown-off head, broken lines or leaks around heads or valves.
c. Check the controllers and rain sensors for proper operation and settings.
d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one
hundred percent (l00%) irrigation coverage.
e. Within all work areas the Developer shall review the plant material and turffor dry conditions and if
found correct the problem.
General Service Requirements for Irrigation Systems:
I. Should South Florida Water Management District or other governing agency establish water restrictions,
the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set
by the District or Agency. Subsurface systems are exempt from water restrictions.
2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted
sprinkler lines.
3. Replace damaged valve boxes/lids if caused by the Maintenance Developer.
4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads.
5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level.
All valve boxes in plant beds are to be kept two inches (2") above finished mulch.
6. One hundred percent (100%) irrigation coverage shall be maintained within all irrigated landscaped areas
while this Contract is in effect.
7. Notification to the County's representative is required when acts of vandalism or accidents have occurred
40f5
Agenda Item No. 1681
April 11, 2006
Page 21 of 21
..'-"
to the irrigation system. Photos shall be taken and provided to the County's representative at no added
cost.
Miscel1aneous Irrigation Maintenance Responsibilities:
1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible
for turning the irrigation system off in order to protect plants from possible freeze damage.
2. It shall be the Developer's respons ibility to notify the County's representative of any irrigation problems or
additional irrigation maintenance needs.
3. The irrigation service personnel must trouble shoot time clocks, i.e. power-in 110 volt and 24-volt fuses,
24 volts output when necessary.
4. The irrigation services personnel must trouble shoot any pump start relay, main fuses and capacitors when
necessary.
L. BRICK P AVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to
remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the
developers shal1 clean-up debris if present, and or flag off the areas with protective barriers and/or high visibility
hazard tape. Damaged areas must be repaired as quickly as possible.
M. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases
and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative.
~
,,--
50f5
Agenda Item No. 16B2
April 11 , 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation for the final maintenance acceptance of plats that have received
previous preliminary acceptance from the Board of County Commissioners.
OBJECTIVE: That the Board grant final maintenance acceptance of subdivision plats which
have been continuously maintained by the County in excess of fifteen (15) years.
CONSIDERATIONS: Listing of the subdivision plats and alphabetical roadway names
Subdivision Plats:
Roadway Names:
Riviera Golf Estates Unit I
Riviera Golf Estates Unit I Phase I
Riviera Golf Estates Unit I Phase 2
Riviera Golf Estates Unit I Phase 3
Riviera Colony Golf Estates Unit 3
Riviera Colony Golf Estates Unit 4
Belle Isle Court, Brittany Court,
Chateau Way, Champagne Court,
Charlemagne Boulevard, Estelle Court,
Estelle Drive, Fleur De Lis Lane,
Le Mans Drive, Marseille Drive,
Marseille Drive South, Paris Court,
Picardy Court, Riviera Boulevard West
The County has continuously maintained and repaired all the roads shown on these plats for
over fifteen (15) years. Although by operation of statute these roads have long been deemed to
be public, for purposes of obtaining grants and other funding, final maintenance acceptance of
the roads is required. Although the County has previously given preliminary acceptance of
these plats, given the passage of time, no records of final acceptance have been located. This
acceptance would not include the maintenance of the landscaped medians on Charlemagne
Boulevard; these medians are maintained by the Riviera Federation Association, Inc. The
landscape maintenance agreement between Collier County and Riviera Federation Association,
Inc. is recorded in Official Record Book 3262 Page 1985 and would not be amended by the
final acceptance for maintenance of these plats.
FISCAL IMP ACT: The County will continue with the maintenance responsibility of the
identified roadways.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
RECOMMENDATION: That the Board of County Commissioners of Collier County grant
final acceptance for maintenance ofthe roads set forth in the aforementioned Plats.
Agenda Item No. 1682
April 11, 2006
Page 2 of 3
Prepared by: Shannon Dennie; Engineering Inspector Road & Bridge Maintenance Department
Agenda Item No. 16B2
April 11,2006
Page 3 of 3
/~"..,...
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1682
Recommendation for the final maintenance acceptance of plats generally within Riviera Golf
Estates that have received previous preliminary acceptance from the Board of County
Commissioners.
Meeting Date:
4/11f2006 9:00:00 AM
Prepared By
Anthony R. Wiggins
Supervisor- Contracts & Projects
Date
Transportation Services
Road Maintenance
3/27f2006 6:54:01 AM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
3/29/2006 2:59 PM
Approved By
Margaret A. Ramos
Administrative Secretary
Date
Transportation Services
Road Maintenance
3/30/2006 8:34 AM
Approved By
Norm E. Feder. Alep
Transportation Division Administrator
Date
~
Transportation Services
Transportation Services Admin.
3/30/2006 8:37 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/30/2006 11 :36 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
3/30/20061:14 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30/2006 1: 25 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/30/2006 4:39 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/30/2006 8:17 PM
.~
-".,-, ."..--,..._,,,,,.,~._-_.,-~-,-,,,,"..-..,,... ,
Agenda Item No. 16B3
April 11, 2006
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve the purchase of one (1) seventy-one (71) passenger bus from
Rivers Bus Sales, Inc. in the amount of $63,793 in accordance with the Florida Department
of Education contract #2005-15.
OBJECTIVE: To obtain Board approval to purchase one (1) seventy-one (71) passenger bus to
transport the inmate work force to and from the Correctional Facility per the Maintenance
Contract for the State Roadway System.
CONSIDERATIONS: One (1) replacement seventy-one (71) passenger bus is required by the
Road Maintenance Department to transport the inmate work force to and from the Correctional
Facility per the Maintenance Contract for the State Roadway System. The bus can be purchased
from the Rivers Bus Sales, Inc. for the price of $63,793 off of the Florida Department of
Education Contract #2005-15.
FISCAL IMP ACT: Sufficient budget exists in Transportation Services Division Fund (101)
Maintenance FDOT to fund this acquisition. The Florida Department of Education Contract is
$3,800 higher than Fleet Management's FY 06 budget estimate of $60,000.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the purchase of
one (1) seventy-one (71) passenger from the Rivers Bus Sales, Inc. per the Florida Department of
Education Contract #2005-15 in the amount of$63,793.
Prepared By: Travis D. Gossard, Supervisor Vegetation Mgmt., Road & Bridge Maintenance
Department
Attachement: Quote & Specs
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1683
April 11, 2006
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1683
Recommendation to approve the purchase of one (1) seventy-one (71) passenger bus from
Rivers Bus Sales, Inc. in the amount of $63.793 in accordance with the Florida Department of
Education Contract #2002-15.
4/11/20069:00:00 AM
Prepared By
Travis D. Gossard
Transportation Services
Vegetation Management Supervisor
Date
Road Maintenance
3/29/2006 2:30:20 PM
Approved By
John Vliet
Transportation Services
Roads Maintenance Superintendant
Date
Road Maintenance
3/29/2006 3:01 PM
Approved By
Brenda Brilhart
Administrative Services
Purchasing Agent
Date
Purchasing
3/30/200610:48 AM
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Date
Purchasing
3/30/200611:00 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Adm inistrator
Date
Transportation Services Admin.
3/30/2006 1 :37 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
3/30/2006 1 :56 PM
Approved By
Rookmin Nauth
Transportation Services
Management/Budget Analyst
Date
Transportation Engineering and
Construction
3/30/2006 1 :57 PM
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Purchasing
3130/2006 2:00 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
3/30/20062:15 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/30/20064:10 PM
Approved By
Agenda Item No. 16B3
April 11, 2006
Page 3 of 12
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/3/2006 12:06 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/3/20061:23 PM
feb.]8.20C6 6:14PM
R1VERS BUS SALES
No.3581 p. 1
Agenda Item No. 1683
April 11, 2006
Pagio1.ote~o313
800 215>1 0224
g04 '8a 0207
RIVERS BUS SALES, INC.
106215 GENERAL AVENUE. JACKSONVILLE. I=L 3222D
WWW.~IVERSBUS.COM
FEBRUARY 18, 2006
COLLIER COUNTY
TRAVIS FOG<Wm
FAX # 239-774-6406
71 PASSENGER TYA: C BUS
Fl DOE BID #2005-15
51 ANDARDS:
BODY:
CHASSIS:
ENGINE:
TRANSMISSION
CtE
Ie-CORP.
OT466210HP
ALLISON 2500 PTS
aTY: DESCRIPTION;
1 71 PASSENGER FL SFeC SCHOOL BUS
PRICE:
$59,529
OPTIONS:
1 FULL BODY PAINT - WINla~ WHITL
$2,689
EXTENtED:
$59,529
SO
$0
$2,689
1
DELIVERY
$1,575 $1,575
~-.....~...;~
UNI1T' TOTAL:
$63.793
.NOTE~
FLORIDA DOE SPECS WILL BE ALTERED ACCORDING TO SPECS PROVIDED ON TOPS
PROPOSAL NUMBER 51 TO MEET END USERS REQUIREMENTS
BRAD SEARCY
RIVERS BUS SALES. INC.
. :'. ...:':.-- ,-.,:-,,"'.:.^?~;~~.f;~;~~r:~~:. :'::'_.'~:.:':~:'.~.r; i:~:'~ ~..~:~~" i,,:.:}~ '~';~,:~:~.~~ ::<~~ '.~, ;'.~';~,~;~!~;.~~.:./~;.??\,\,~~~:.~~~:;:~~~~~~~~:~.t~~..~ J~;.;?t;~;::{y;}~~}~~;:;~~~~."~\~~
Feb.18.20C6 6:14PM
RlVERS BUS SALES
No.3581 p. 2
Agenda Item No. 16B3
April 11, 2006
~.,y11B. 2006
Presented By:
Rivers Bus Sales, Inc.
Brad Searcy
10626 Genera' Avenue
Jacksonville, FL 32220
(904 ) 783-0313
prepared For:
.--ollier County
ravis Foggard
123
Naples, FL 00000
1239-4176320
TIRE. FRONT:
TIRE. REAR:
SUSPENSION, RR, SPRING, SINGLE:
Model Profile
2007 INTEGRATED CE C BUS (PC10S)
Requested GVWR: 25000. Calc. GVWR: 25500
Wheelbase: 276. CA: N/A, Axle to Frame: 148
{International DT466} 50 State, 210 HP, 520 Ib-ft Torque @ 1400 RPM, 2600 RPM Go
vemed Speed, # 2 Bell Housing
{ALLISON 2500_PTS} 4th Generation Controls; Wide Ratio, 5-Speed, With Overdrive;
Less PTO Provision, Less Retarder, With 33,OOO-lb GVW & GCW Max.
Omit Item (Clutch & Control)
{Dana Spicer D800-F} I-Beam Type, 8,OOO-lb Capacity
{Dana Spicer 17060S} Single Reduction, 17.500-lb Capacity, With 190 Wheel Ends
Gear Ratio: 4.63
(2) 11 R22.5 G149 RSA (GOODYEAR) 501 rev/mile, load range H, 16 ply
(4) 11R22,S G149 RSA (GOODYEAR) 501 rev/mile. load range H, 16 ply
Two Stage, Varl-Rate; 19,800-lb Capacity
MISSION:
DIMENSION:
ENGINE, DIESEL:
TRANSMISSION, -'UTOMATIC:
CLUTCH:
AXLE, FRONT NON-DRIVING:
AXLE, REAR, SINGLE:
1
Proposal: 51
.Feb.i8.2006 6:14PM
RIVERS BUS SALES
Vehicle $l)ecifications
2007 INTEGRATED CE C BUS (PC105)
No.3581 p. 3
Agenda Item No. 1683
April 11,2006
PE~IliIaty1f8. 2006
Descriotion
Base Chassis, Model INTEGRATED CE C BUS with 276 Wheelbase, N/A CA, and 148 Axle to Frame.
FRAME RAILS High Strength Low Alloy Steel (50,000 PSI Yield); 10.125" x 3.062" x 0.312" (257.2mm x 77.Bmm x 8.0mm); 471.1"
(11965mm) MaxImum OAL
BUMPER, FRONT Full Width, Aerodynamic, Heavy Duty, Steel
CROSSMEMBER, REAR, AF (2)
WHEELBASE RANGE 27S" (700cm) Only
AXLE. FRONT NON-DRIVING {Dana Spicer D800-F} I-Beam Type, 8,OOO-1b Capacity
SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 8,OOO-lb Capacity; With Shock Absortlers
BRAKE SYSTEM, AIR Dual System for Straight Truck Applications
DRAIN VALVE, AUTOMATIC {Bendix DV-2} With Heater; for Air Tank
AIR BRAKE ABS {Bendix Anti Lock Brake System} Full Vehicle Wheel Control System (4-Channel)
AIR DRYER {Bendix AD.9} With Heater
BRAKES, FRONT. AIR CAM S-Cam; 15.0" x 4.0"; Includes 20 Sq. In. MGM Long Stroke Brake Chambers
BRAKES, REAR, AIR CAM 16.5" x 7.0"; Includes MGM TR3030 Long Stroke Brake Chamber and Heavy Duty Spring Actuated
Parking Brake
AIR COMPRESSOR {Bendix Tu-Flo S50} 13.2 CFM
STEERING COLUMN Stationary
STEERING WHEEL 2-Spoke, 18" Diam., Black
STEERING GEAR {TRW (Ross) TAS-40} Power
EXHAUST SYSTEM Single, Stainless Steel, Horizontal Muffler and Catalytic Converter, Long Tail Pipe, Aluminized Steel; for 2004
Emissions Standards With International IS Engines, Frame Mounted Right Side
ELECTRICAL SYSTEM 12-Volt, Standard Equipment
HORN, ELECTRIC (2)
ALTERNATOR {Leece-Neville 4835PAH} 12 Volt 175 Amp. Capacity, With Brushes Includes 2-Gauge Protected Charging CircuIt,
With Pad Mounting
BATTERY SYSTEM {International} Maintenance-Free (2) 12-Volt 1300CCA Total.
HEADLIGHTS Halogen; Composite Aaro Design for Two Light System; Includes Daytime Running Lights
STARTING MOTOR {Leece-Neville M100R} 12-Volt; less Thennal Over-Crank Protection
HOOD SYSTEM - EASY TilT Mechanical
FRONT END Tilting, Fiberglass, With Three Piece Construction
2
Proposal: 51
Vehicle soeclftcaUons
2007 INTEGRATED CE C BUS (PC10S)
No.3581 P, 4
Agenda Item No. 1683
April 11, 2006
P f!pOm8fy1 18, 2006
Feb.18, 2006 6:14PM
RIVERS BUS SALES
J8scrlotlon
PAINT SCHEMATIC, PT.1 Single Color, Design 100
PAINT TYPE Urethane, One or Two Colors, Other than Imron or International,
CLUTCH Omit Item (Clutch & Control)
ENGINE, DIESEL {International DT466} 50 State, 210 HP, 520 Ib-ft Torque @ 1400 RPM. 2600 RPM Governed Speed, #- 2 Bell
Housing
FAN DRIVE {Borg-Warner SASS} Viscous Screw On Type
THROTTLE, HAND CONTROL Electronic
RADIATOR Aluminum; 2-Row, Cross Flow, Over Under System, 516 Sqln Louvered, With 270 Sqln Charge Air Cooler, 4.25" Core,
With In-Tank Transmission Cooler
AIR CLEANER Single Element
GOVERNOR Electronic Road Speed Type; for International Electronic 1-6.T444E and Vf365 Engines and Bus Models; With 55
MPH Default
EXPANDED ENGINE TEMP EFFECTS to Allow Higher Engine Operating Temperature Range; Includes Nylon Surge Tank and 15
psi Pressure Cap
,.......:J"RANSMISSION. AUTOMATIC {ALLISON 2500_PTS} 4th Generation Controls: Wide Ratio, 5-Speed, With Overdrive; Less PTO
'ovision, Less Retarder. With 33,OOO-lb GVW & GCW Max.
AXLE. REAR, SINGLE {Dana Spicer 17060S} Single Reduction, 17,500-lb Capacity, With 190 Wheel Ends
Gear Ratio: 4.63
SUSPENSION, RR, SPRING, SINGLE Two Stage, Vari-Rate; 19,800-lb Capacity
SHOCK ABSORBERS, REAR (2)
FUEL TANK Top Draw; Rectangular Steel, 65 U.S. Gal., 246 L With Protective Cage, Mounted Right Side
COWL Flat Back
GAUGE CLUSTER English With English Electronic Speedometer
DASH INSULATOR
WHEELS, FRONT DISC; 22.5" Painted Steel, 10-Stud (285.75MM BC) Hub piloted, Flanged Nut, Metric Mount, 8.25 DC Rims;
With Steel Hubs.
WHEELS, REAR DUAL DISC; 22.5" Painted Steel, 1o-Stud (28S.75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC
Rims; With Steel Hubs
BODY. BUS Conventional; 78" Head~oom. 33'S" Body Length, +9 Section Front and Rear, 72 Passenger. 276 WB
BODY CERTIFICATION TAG Mylar l.abel
....>>ODY TAG, METAL
rEP, FRONT ENTRANCE DOOR 271/4" Depth; 14ga Steel
3
Proposal: 51
.Feb.iB.20C6 6:15PM
RIVERS BUS SALES
Vehicle Specifications
2007 INTEGRATED CE C BUS (PC105)
No.3581 p. 5
Agenda Item No. 1683
April 11. 2006
~brQ~1UI, 2006
Description
SWITCH, lOCA nON Omit; To be used for Multi Functional School Activity Bus or Commercial Models Only, Non Route Use
HEADLINER, BODY Conventional; Perforated, 25'11"-34'11" Body Length, Wlth Sound Insulation in First 2-Bow Sections
FASTENERS, HEADLINER Screws
BOWS, ROOF 14 ga., One Piece Construction
LIGHT BARS Plaslic
SKIRT, BODY for Conventional, 141/2", 16ga
TIE DOWNS. BODY Grade 8 Bolls, Every Body Section
RUB RAilS, BODY (3) 16ga., Steel
BODY, REAR Includes Emergency Door
SIDE SHEET, BOOY, EXTERIOR Conventional, 16ga., Smooth, 31'2", 31'11", 32'S", 33'5", 34'2", 34'11", Body Length
FLOOR, BODY With Wheel Wells
BUMPER, REAR Painted; 12" High, 0.188" Thrck
SUPPORTS, REAR BUMPER Bolted to Frame
TOW HOOK, RIGHT REAR (01)
LINING, SIDE INTERIOR, LOWER Embossed Steel, Clear Coated
HANDLE, ASSIST, OVER WINDSHLD Body Color
FASTENERS, REAR DOOR Lag Screws, Rear Door To Body
COVER, REAR DOOR INSIDE HANDLE Partjal Coverage
HOLD BACK, REAR DOOR Stationary, No Cables, With Plastic Cover
LATCH, REAR DOOR One Point Slide Bar, Cam Operated. With One Inch Stroke
DOOR, ENTRANCE, FRONT Electric. Outward Opening, with Split Pane Glass
COMPARTMENT, BATTERY Left Front, 13" x 15" x 25.5"
HOLD DOWN, BATTERY For (2) Standard Size Batteries
INSULATION, ROOF AND SIDES Fiberglass, 1.50", All Models
UNDERCOAT, BODY Fire Resistant, Water Based, TT-C-730 Spec
LETTERS, DOOR. REAR Decals; "EMERGENCY DOOR", 2" Black Letters Inside and Outside
STRIPING, PERIMETER, REAR Emergency Door; White, Reflective
LOGO, ROOF LINE Omit
4
Proposal: 51
"''''''':;~'Hliljlll<.Wli:a_ii__'illi""i'';'''"''''.'''''''''''''''i!.;"iif~""r<,l<ii""fF"";I"
RIVERS BUS SALES
Feb,18. 2006 6:15PM
Vehicle SDeCifications
2007 INTEGRATED Ca: C BUS (PC106)
..lescription
WIRING DIAGRAM Schematic, Electrical
LETTERS. HEADER Decal; 'WATCH YOUR STEP", 1" Black, Above Windshield
LETTERS, STEPWELL Decal, "WATCH YOUR STEP", 2.5" Black, Behind Door on Step Riser
PAINT COLOR, BODY EXTERIOR 9219 Winter White
PAINT COLOR, BUMPER Rear; 0001 Canyon Black
PAINT, RUB RAIL Flange to Flange
PAINT COLOR, BODY INTERIOR 9384 Spring White
HANDLE, EXTERIOR, REAR Emergency Door; White
OPERATING INSTR, REAR Decal, Inside Rear Emergency Door
WINOOW, DRIVER Laminated, Clear
WINDOW, STOPS 12" Opening. Only With 78" Headroom
WINDOW. PASSENGER, TINT Clear. Tempered Glass
-''VHEEl POCKET COVER Plastic, ASS
AISLE POSITION Center, for balanced seating
WINDSHIELD 3 Flat Pieces, 73% Light
FLOOR COVERING, COLOR Light Gray #788
SEAT BACK, PASSENGER Standard Back
FLOOR COVERING, TYPE {IC CORPORATION} Rubber, All Body Lengths
STEP TREADS {Ie CORPORATION} Rubber, With White Nosing
FLOOR COVERING. TRIM Aluminum
CLAMP, HEATER HOSE Constant Torque for Heater System
FILTER. HEATER AIR, DRIVER Heater, Conventional
HEATER. DRIVER 90,000 BTU
HEATER HOSE, FRONT {GOodyear} $AE 20R3. Class D2, 1.0" Diam.
HEATER CUT OFF, VALVE Gate 3/4"
ROOF VENT, FRONT Static
-JJPHOLSTERY, DRIVER SEAT, STYLE Plain, With Cloth Insert
uPHOLSTERY, DRIVER SEAT. COLOR Drivers Seat, Gray
5
No.3581 p. 6
Agenda Item No. 16B3
April 11, 2006
P&~b..ety1f81 2006
Propoliiat: 51
Feb.18.2006 6:15PM
RIVERS BUS SALES
Vehicle SoeclflcatJona
2007 INTEGRATED CE C BUS (PC105)
No.3581 p. 7
Agenda Item No. 1683
April 11, 2006
Pag8~~~.2006
DeecrfDtlon
UPHOLSTERY, PASS SEATS, COLOR Gray, for Seats, Barriers and Head Bumpers
UPHOLSTERY. DRIVER SEAT, TYPE Vinyl, 42 oz.
HAND RAIL, ENTRANCE DOOR, AFT Gloss Black, 4", Above Step
SEAT CLIPS Positive Type
CUSHION. SEAT 15" Depth
UPHOLSTERY, SEAT, STITCHING Single
UPHOLSTERY, PASS SEATS, TYPE Vinyl. 42 Ounce
SEAT, PASS, lEFT, 2 lEG, 36" (11)
SEAT, PASS I RIGHT, 2 LEG, 36" (11)
ANCHOR, SEATS Omit Reinforcement for Seat Belts (Standard Seat Frame)
SEAT, DRIVER {NationaI2000} Pedestal Base, High Back With Integral Headrest, 3 Point Lap and Shoulder Belts, With
Adjustable Lumbar
LIGHTS, BACK UP (2) 4" Diameter, Clear
LIGHTS, DIRECTIONAL, REAR (2) 7" Amber. Without Arrow
LIGHTS, MARKER, FRONT, REAR (4) Two Amber Front and Two Red Reer, Armor Type Single 1500 Hour 2cp Bulb Each Light
LIGHTS, MARKER, SIDE Intermediate, Centered, Single Bulb, 1 cp, 1500 Hour; Required for Units 30 Foot or Longer
LIGHTS, STOP (2) and Tail, 7" dia., Red
WIRE, FEED 4 Gauge, Chassis To Body
TERMINAL STRIP Chassis
SWITCH, DRIVER PANEL, TYPE Rocker
CIRCUIT. PROTECTION Fuse, Electrical System
SWITCH, REAR DOOR BUZZER for Emergency Door
LIGHTS, DOME Rectangular Recessed Type; Stagger Mounted in Light Bars
LIGHT, STEP Wired to Dome Lights, Operated by Entrance Door
LIGHTS. CLUSTER Recessed in Cap; Amber in Front and Red in Rear
MIRROR, INSIDE 6" x 30", Clear Safety Glass, Metal Back, Round Comers
MIRROR, REAR VIEW, EXTERIOR {Rosco} Suspended, EuroStyle, Black
VISOR, INTERIOR, LEFT FRONT 6" x 30", Transparent, For Left Windshield
WINDSHIELD WIPERS (2) Cowl Mounted
6
Proposal: 61
";:',,_!l_Oili'll<o~",""\IM';<\"""__"''''lOd'''''';'"'''""'''''''''''*'''I''.'0;.0,;'.'*";'.',;.."""....'.,,.-.
Vehicle soeclflcatlone
2007 INTEGRATED CE C BUS (PC105)
No.3581 P, 8
Agenda Item No. 1683
April 11. 2006
P~~~' 2006
Feb.18. 2006 6:15PM
RIVERS BUS SALES
.JeecrlDtlon
SAFETY TRIANGLES Warning Reflectors, Mounted on Drivers Barrier Level With Top of a Modesty Shield
REFLECTORS, SIDE, INTERMEDIATE (2) 3" Amber. 1 Each Side, Below The Third Rub Rail From the Top, Adhesive Back
FUEL FILLER DOOR With Non-Locking Latch
REFLECTORS, SIDE, REAR (2) 3", Red
REFLECTORS, SIDE, FRONT (2) 3", Amber; 1 Aft Drivers Window Left, 1 Aft Entrance Door Right
REFLECTORS, REAR (2) 3", Red
INSPECTION PLATE 5" Dia. Steel
WINDSHIELD WASHER Kit; 6 Quart Capacity, Bottle
STATE OF OPERATION Florida
(2) TIRE, FRONT 11 R22.5 G149 RSA (GOODYEAR) 501 rev/mile, load range H, 16 ply
(4) TIRE, REAR 11 R22.5 G149 RSA (GOODYEAR) 501 rev/mile, load range H, 16 ply
BODY PLAN, NON-SPECIAL NEEDS 41 Passenger Commercial Unit
ervices Section:
WARRANTY 5-Year, Limited
7
proposal: 51
Financial SummarY
20011NTEGRATEO CE C BUS (PC106)
(USA DOLLAR)
No.3581 p, 9
Agenda Item No. 16B3
April 11, 2006
Pa~b~~8,2006
Feb.18. 2006 6:15PM
.~
RIVERS BUS SALES
,_.
DeecrlDtlon
Factory List Prices:
Product Items
Service Items
Total Factory Ust Price Including Options:
F.O.B. - Collier County, FL
Total Freight
Total Factory List Price Including Freight:
Less Customer Allowance:
Total Vehicle Price:
Total Body/Allied Equipment:
Total Sale Price:
Total Per Vehicle Sales Price:
Net Sales Price:
Pnce
$95,204.00
$0.00
$1,575.00
$95,204.00
$1,575.00
$96,779.00
($34,485.68)
$62,293.32
$1,500.00
$63,793.32
$63,793,32
$63,793.32
Approved by s.~.. /
2/IJ,/O 6
~ =~;:~~':~--, ?~",
Authorized SIgnature .....-"'"'.--..............'.'.
"..,,,,.,.c'
Thill proposal is not binding upgp-tft"eseller without Seller's
Authorized Signature, /{O.............
Accepted by Purchaser:
Firm or Business Name
Authorized Signature and Pate
Official Title and Date
".-..
8
Proposal: 51
Agenda Item No. 1684
April 11, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve the piggybacking of the City of West Palm Bid #05/06-13 for
the purchase of a Truck Mounted Storm/Sewer Cleaning Machine from Environmental
Products of Florida in the amount of $249,726.
OBJECTIVE: To enhance the daily repair and maintenance on County roadways and right-of-
ways within the Road Maintenance Department.
CONSIDERATIONS: A Truck Mounted Storm/Sewer Cleaning Machine is required by the
Road Maintenance Department to continue the current level of repair and maintenance of Collier
County roadways and rights-of-ways. Staff requests Board approval for the piggybacking onto
the City Of West Palm Bid #05/06-13.
FISCAL IMPACT: Sufficient budget exists in Transportation Services Division Fund (101)
Road and Bridge Maintenance to fund this equipment acquisition. The City of West Palm Beach
bid price is $77,300 below Fleet Management's FY 06 Budget estimate of $327,000.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the piggybacking
onto the City of West Palm Bid #242-9077 for the purchase through Environmental Products of
Florida for the Road Maintenance Department.
Prepared By: Travis D. Gossard Supervisor Vegetation Mgmt. Road & Bridge Maintenance
Department
Attachements: Quote & Specs
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1684
April 11, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B4
Recommendation to approve Ihe piggybacking of the City of West Palm Bid #05/06-13 for the
purchase of a Truck Mounted Storm/Sewer Cleaning Machine from Environmental Products
of Florida in the Amount of $249.726.
4/11/20069:0000 AM
Prepared By
Travis D. Gossard
Transportation Services
Vegetation Management Supervisor
Date
Road Maintenance
3/29/20062:29:32 PM
Approved By
John Vliet
Transportation Services
Roads Maintenance Superintendant
Date
Road Maintenance
3/29/2006 3:00 PM
Approved By
Brenda Srilhart
Administrative Services
Purchasing Agent
Date
Purchasing
3/29/20063:05 PM
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Date
Purchasing
3/29/2005 3:30 PM
Approved By
Norm E. Feder, Alep
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
3/30/20068:34 AM
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Purchasing
3/30/20068:57 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
3/30/2006 1 :58 PM
Approved By
Rookmin Nauth
Transportation Services
Management/Budget Analyst
Date
Transportation Engineering and
Construction
3130/2006 1: 58 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
3/3012006 2:23 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3130/20064:10 PM
Approved By
Agenda Item No. 1684
April 11, 2006
Page 3 of7
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/3/200612:04 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
413/2006 1 :34 PM
~
Environmental Products
~~
Agenda Item No. 1684
April 11, 2006
Page 4 of 7
Elgin Vactor, & Leach
March 9, 2006
Travis D. Gossard
Supervisor Vegetation Management!
Work Zone Inspector
Collier County
Transportation Road Maintenance Department
4800 Davis Boulevard
Naples, Florida 34104
Dear Mr. Gossard,
] n reference to our recent conversation, we are pleased to extend the City of West
Palm Bid 05/06-13 and purchase/contract order 061306 for a Vactor combination sewer
truck as per the following specifications.
One (1) Vactor model 2112 including all standard features as per the following
speci fications.
Sterling Chassis 300HP Caterpillar and Allison transmission
12 Yard Ex-Ten debris body
Roots 824 RCS16" 3650 CFM Positive Displacement Blower
Dome rear door with Hydraulic locks
Debris body flush-out
Debris body load alarm
6" Butterfly valve rear door
Stainless steel micro strainer
Cyclone separator
1158 Elboc Way. Winter Garden, FL 34787
Phone: 407-798-0004. Fax: 407-798-0014
4405 Loma Vista Drive. Valrico, FL 33594
Phone: 813-299-6264 . Fax: 813-689-2498
2201 NW 22nd Street. Pompano .Beach, FL 33069
Phone: 954-977-8505 . Fax: 954-977-8502
www.EPOFC.com
e;-
Environmental Products
~~
Agenda Item No. 1684
April 11, 2006
Page 5 of 7
Elgin Vactor, ft Leach
Folding pipe rack curbs and street side
Lube manifold
1300 Gallons water in aluminum tanks
Hot shift PTO blower
2" Y strainer with 25' offill hose
3" Y strainer at water pump
8' telescoping extendable boom
Joystick controls for boom
Remote pendant control for boom
Grate lifting hook
80 GPM / 2000 psi Rodder pump
Accumulator system for Rodder pump
Multi-Flow system for Rodder pump
Water relief valve 1"
Telescoping hose reel with 270 degree rotation
500' of 1" Aero-Quip 2000psi hose
Pinch roller for hose reel
Handgun water with 50' retractable hose reel
Split arrow traffic controller mounted on rear
Hand held light with bumper plug
Revo Iving light mounted on rear
Revolving light mounted on front support bar
Limb guard for strobe lights
Aluminum 36" x 18" x 18" tool box
Aluminum 96" x 30" x 16" tool box
15' 0 f 6" lay flat hose
Emergency flare kit
51b. ABC fire extinguisher
Two (2) nozzles with carbide tips
Electronic backup alarm
Vacuum pipe package
Tow hooks front and rear
Module paint wet on wet
1158 Elboe Way. Winter Garden, FL 34787
Phone: 407-798--0004. Fax: 407-798-0014
4405 Loma Vista Drive. Valrico, FL 33594
Phone: 813-299-6264 . Fax: 8]3-689-2498
220] NW 22nd Street. Pompano Beach, FL 33069
Phone: 9S4-977-8505 . Fax: 9S4-977-8502
www.EPOFC.com
C~
Environmental Products
~~
Agenda Item No. 1684
April 11, 2006
Page 6 of 7
Elgin Vactor, & leach
Bid price for base sewer cleaner as per West Palm contract $245,851.00
Additional options as per contract add:
International chassis 7400 with 3 I 0 HP engine (in lieu of Sterling) $8,310.00
Upgrade to 1500 gallons water $3165.00
Splash shield rear door $610.00
Deflector plate $250.00
Rodder pump drains $375.00
6" Decant side $1,795.00
3" Y strainer at pump $635.00
Automatic hose level guide $3,715.00
Hydraulic shut-off valves $375.00
Deleted items in bid credit:
Boom lights -$480.00
Culvert nozzle -$655.00
8" Adjustable air gap ~$220.00
Selling price $263,726.00
Discount for new in-stock demonstrator unit (walk around demo's only) $-14,000.00
Final Selling Price $249,726.00
Delivered Price to Naples Florida
Training include in quoted price
Delivery: Stock units
Quote good for 90 Days
1158 Elboc Way. Winter Garden, FL 34787
Phone: 407-798-0004. Fax: 407-798-0014
4405 Lorna Vista Drive. Valrico, FL 33594
Phone: 813-299-6264 . Fax: 813-689-2498
2201 NW 22nd Street. Pompano Beach, FL 33069
Phone: 954-977-8505 . Fax: 954-977-8502
www.EPOFC.com
,''''''';''';'#';II.''i1(:[~j>,]i';';;>i"'.)>!,;'''''''''";""',^m
er;-
Environmental Products
K~
Agenda Item No. 1684
April 11, 2006
Page 7 of 7
Elgin Vactor, 11 Leach
If you have any questions or require additional information, please do not hesitate to calL
Sincerely,
'~dI
Bill Wrublevski
West Coast Territory Manager
Cell 239-289-8100
1158 Elboc: Way. Winter Garden, FL 34787
Phone: 407-798-0004. Fax: 407-798-0014
4405 Loma Vista Drive. Valrico, FL 33594
Phone: 813-299-6264 . Fax: 813-689-2498
2201 NW nod Street. Pompano Beach, FL 33069
Phone: 954-977-8365 . Fax: 954-977-8502
www.EPOFC.com
Agenda Item No. 16B5
April 11, 2006
Page 1 of 6
_.
EXECUTIVE SUMMARY
Recommendation to approve a Declaration setting aside county-owned lands for road
right-of-way, drainage and utility facilities. (Fiscal impact: $18,50)
OBJECTIVE: To establish for the public record that certain lands owned by Collier County
shall hereinafter be put to certain specific public uses (roadway, drainage and utility facilities).
CONSIDERATIONS: Located across the entrance to the Calusa Park Elementary school is a
40 ft, wide strip ofland owned by Collier County. That land is currently used and is required to
provide the access to the school and therefore needs to be set aside and reserved in perpetuity for
road right-of-way, drainage and utility purposes.
The attached sketch and description prepared by WilsonMiller shows the area needed containing
.143 acres more or less. This designated use for roadway, drainage and utility facilities will not
adversely affect the future plans for this property. The attached drawing shows the location of
the subject parcel. It is part of the property which was previously acquired for an EMS station
and the EOC.
This Declaration is to be recorded in the public records as constructive notice to all that the
subject property is being put to the uses as described.
,--
FISCAL IMPACT: Funds in the amount of$18.50 (recording fees) are available in impact fees
and gas taxes. Source of funds are impact fees and gas taxes.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATIONS: Recommendation that the Board of County Commissioners:
1. Approve the attached Declaration and authorize its Chairman to execute same on
behalf of the Board; and
2. Authorize staff to record same in the public records of Collier County, Florida.
Prepared by: Debbie Armstrong, Sf. Property Acquisition Specialist, TECM-ROW
Attachments: (1) Declaration;
(2) Drawing
/""""""
Agenda Item No. 1685
April 11, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B5
Meeting Date:
Recommendation to approve a Declaration setting aside county-owned lands for road right-
of-way, drainage and utility facilities. (Fiscal impact: $18.50)
4/11120069:00:00 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
3/24/2006 4:44 PM
Approved By
Transportation Services
Engineer
Transportation Engineering and
Construction
Date
Tad Pluc
3/27/20061:45 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/28/2006 9:38 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
3f30/2006 9:49 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3f30/2006 1 :56 PM
Approved By
Lisa Taylor
ManagementfBudget Analyst
Date
Transportation Services
Transportation Adm in istration
3/30/2006 2:46 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
3/30/2006 2:52 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30f2006 4:00 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/31/200610:26 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3f31f2006 11 :20 AM
Approved By
Agenda Item No. 1685
April 11, 2006
Page 3 of 6
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
4/4/2006 8:49 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/4/20069:16 AM
Agenda Item No. 1685
April 11, 2006
Page 4 of 6
PROJECT: Santa Barbara #62081
FOLIO: 00400246406
DECLARATION
THIS DECLARATION is made this day of ,2006, by
COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing
address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"Declarant."
WHEREAS, Declarant is the owner of certain real property situated in Collier
County, Florida, a portion of which Declarant desires to set aside and reserve in
perpetuity for right-of-way, drainage and utility purposes, said portion more particularly
described as follows (and hereinafter referred to as the "Property"):
See attached Exhibit "A" which is
incorporated herein by reference.
NOW THEREFORE, Declarant does hereby set aside and specifically reserves
the Property for construction and maintenance of roadway, sidewalk, bike path,
drainage and utility facilities, including the installation of overhead and/or underground
electrical transmission and distribution facilities, and overhead and/or underground
telephone, fiber-optic and cable television facilities.
IN WITNESS WHEREOF, Declarant has caused these presents to be executed
the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, Chairman
ATTEST:
DWIGHT E. BROCK
, Deputy Clerk
Approved as to form and
legal sufficiency:
j/A'~ VfL/~
......Ellen T. Chadwell
Assistant County Attomey
P.O.C. -KfST 1/4 CORNER
SECTIONS 4/5
T-l0-S, R-26-E
~ _~. da Item
~ Apnl
Pa
~ II I
o :16 00 100 200
GRAPHIC SCALE
I
o. ~ 685
1,2006
e 5 of 6
i
,
COUNTRYSIDE A T BERKSHIRE LAKES SECTION 4
PLAT BOOI< 18 PAGES 1-4
GOLF COURSE TRACT 15
EX/STING 100'
R.O.W.
SANTA BARBARA
~_ EXISTING R. O. W.
O.R. BOOK 2814, PAGE 848
SCHOOL PARCEL
EXHIBIT .lL
Page-L- of-L.
LEGAL DESCRIP TlON
BEING PART OF THE OF THE S. W. 1/4 OF SECTION 4, TOWNSHIP 50 SOUTH, RANCE 26 EAST, COLLIER COUNTY,
FLORIDA AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE WEST QUARTER 0/4) CORNER OF SAID SECTION 4;
THENCE NORTH 89V9'12" EAST 60.00 FEET TO A POINT ON THE EAST RIGHT OF WA Y LINE OF SANTA BARBARA
AND THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID LINE AND LEAVING SAID RIGHT OF WAY LINE NORTH 89V9'12" EAST 40.00 FEET;
THENCE SOUTH 0IV2'22" EAST 155.33 FEET,'
THENCE SOUTH 88"51'38" KfST 40.00 FEET TO THE KfST LINE OF SAID RIGHT OF WA Y LINE.
THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01V2'22" KfST 155.46 FEET TO THE POINT OF BEGINNING.
CONTAINfN9_~,?/5 SQUARE FEET OR 0.143 ACRES MORE OR LESS.
SU8.J~E1~~q/fASEl/El1rSitk RESTRICTIONS OF RECORD.
~// " r/. CJ.
r)' / <ft -:- #, 'it'
PRiRAR;g Brt:..'- ~ .'i !NC.;
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i). 'J :~.
,
j:~: ~~~~~' ,
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.j 'i;!)
. L . fRo .. alA SURVfYOR.t MAPPfR
FLORI/)~. ~~qI?, n(i{cL$ '5621
>. ", ,.r ,;I.
NOT V<4Llli .UNLfSs'$IGNf/) 8Y T11E SURVfYOR AN/)
SEALEtiltfTH T11f.'SURVf'fOR's EMBOSSED SEAL.
CERF1F1CA Tf OF AUTHORIlA 1/ON J L8-4J
<<_ NIC AlSl"D ON_TN
=-.:,'::J~'::1l
- /IIlD) ffIIt 11_ usr llN:
*** NOT A SURVEY ***
LEGEND:
1//~.~.//1 '%!ffs~SFfAIl:t$ARY
~" " " " """I ~~:N~ASEUENT
~ PROPOSED
fYYYVVVV'1 R.O. w. EASEMENT
R.O.W. .. RIGHT OF WAY
P.O.8. .. POINT OF BEGlNNINC
P.O.C. .. POINT or COI.fAlfNCEMENT
D.R.BOOK . OFFICIAL RECORDS BOOK
PROJECT NO.: 62081 PARCEl. NO. :
Wil"illel-'~U.-
-.~.SooIogIoIo . a.r-.. lA1OIoIpt.-..- . ~~
1IIIcIMr. ilc.
,....IlI1....._._,~
-..u.....'....__.___./V_,_ __
CLIENT: COLLIER COUNTY TRANSPORTA nON,
ENGINEERING de CONSTRUCTION MANAGEMENT DIVISiON
TITLt: SKETCH AND DESCRIPTION
BeiNG PART OF O.R. BOOK 2628, PAGE J434,
seCTION 4, TOWNSHIP 50 SOUTH, RANGe 26 eASr.
COLLieR COUNTY. rLORIDA
DATE: PROJ(CT NO.; SHErr NUW8ER: F'LE NO.:
17/2004 N6022-002-07D-TDHI'tP 70J OF" xxx 2GG-203
No. O~. 200~ - 'J:12:~7 LM1lURIX:\SUR\N6022\Sk.leh Of O.sedpllon.\Submllt.d\2Q020J.70J.dwa
Agenda Item No. 1685
April 11, 2006
Page 6 of 6
51lf.i771 .BAKBAK'A BLVD. i(w
- EcJC~M:S
CcJCltVTY
p()AJ p
c/{t.v5A PAl<K
~t6;t1E:;JTA RY
7Z~
EXECUTIVE SUMMARY
Agenda Item No. 16C1
April 11, 2006
Page 1 of 2
-
Recommendation to Approve Removing Certain Accounts Receivable in the
Amount of $259,623.01 from the Public Utilities Division, Utility Billing Sub-Ledger
and to Write Off $137,762,05 of Public Utilities Division Miscellaneous Accounts
Receivable.
OBJECTIVE: Board approval to remove certain accounts from the Utility Billing
subsidiary ledger and to write off miscellaneous Public Utilities Division accounts
receivable to accurately portray the County's financial position.
CONSIDERATIONS: The Co11ier County Water and Sewer District (District) was
formed by Special Act in 1973 (Chapter 73-437, Laws of Florida). The District initiated
billings of individual accounts for water and wastewater service charges in 1978. The
Special Act, and amendments to it, provides for a statutory lien on properties, which in
most instances eliminates the need for bad debt write offs. The accounts receivable
balance of $259,623.01 requested for removal from the District's subsidiary ledger
represents balances on inactive accounts that have accumulated over the years 1978 to
2003. The inactive account balances are a result of Court Ordered settlements,
bankruptcies, disputed bills, small balances (under $5.00) and companies that have gone
out of business.
~
The miscellaneous accounts receivable balance of $137,762.05 consists of bills issued to
entities that have damaged Public Utilities property. The miscellaneous billing process
for damages does not have the capability for placing a statutory lien on real property,
because the entities who created the damages are contractors.
These miscellaneous accounts receivable balances include:
$ 74,001.68 Settlements of disputes
$ 400.00 Small balances of$10.00 each
$ 41,740.89 Deemed uncollectible because of age and nature of claim
$ 7,376.22 Bankruptcies
$ 10,596.45 Out of Business
$ 3,646.81 Change of owners
$ 137,762.05 Total
The list of individual accounts is available for review at the District billing offices at
4420 Mercantile Avenue, Naples 34104.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
FISCAL IMP ACT: The total fiscal impact is the recognition that a combined
$397,385.06 in accounts receivable is not collectible.
RECOMMENDATION: Recommendation for approval to remove $259,623.01 from
the Public Utilities Division, Utility Billing Sub-Ledger and to write off $137,762.05 of
Public Utilities Division Miscellaneous Accounts Receivable.
r-
PREPARED BY: John Yonkosky, Utility Billing and Customer Service Director
Agenda Item No. 16C1
April 11, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C1
Recommendation to Approve Removing Certain Accounts Receivable in the Amount of
$259,623.01 from the Public Utilities Division, Utility Billing Sub-Ledger and to Write Off
$137,762.05 of Public Utilities Division Miscellaneous Accounts Receivable.
Meeting Date:
4/11/20069:00:00 AM
Prepared By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
UBCS
3/24/2006 8:08:38 AM
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
UBCS
3/24/2006 9:29 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
3/27/2006 11 :56 AM
Approved By
Pam Callis
Revenue Supervisor
Date
Public Utilities
UBCS
3/27/2005 2:34 PM
Approved By
Teresa Riesen
Revenue Manager
Date
Public Utilities
USCS
3/2912006 11 :41 AM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
3130120062:11 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30120064:06 PM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/30120064:10 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3130/20067:19 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/5/2006 9:02 AM
Agenda Item No. 16C2
April 11, 2006
Page 1 of 5
EXECUTIVE SUMMARY
--
Recommendation to award Annual Contract for Well Drilling, Testing, and Maintenance
Contracting Services, pursuant to RFP 06-3887, for (10) firms.
OBJECTIVE: The public purpose of this Contract is to provide scheduled well drilling, testing,
and maintenance services, and emergency work. This contract will enable staff to obtain these
services in an efficient, timely, and cost-effective manner to the benefit of rate payers.
CONSIDERATIONS: Request for Proposal (RFP) 06-3887 was publicly advertised on
December 30, 2005. Notices were sent to 82 firms with 13 vendors requesting full packages.
Ten responses were received on the due date of January 27, 2006, A Selection Committee
Meeting was held on February 21, 2006. After review, ranking and discussion, by consensus of
the members, the following 10 firms were recommended for contract negotiations and
subsequent award (in no particular order):
Youngquist Brothers, Inc.
Layne Christenson Co.
Rowe Drilling Company, Inc.
SE Drilling Services
A.C. Shultes of Florida, Inc.
Diversified Drilling Corp.
Wells & Water Systems, Inc
D. Cannon Well Drilling, Inc.
All Webb's Enterprises, Inc.
Jaffer Associates Corp.
.---
Contract negotiations by Staff are proceeding with the ten short-listed firms, at this time. This
RFP allows for work to be performed in 7 categories:
. Category 1: Construction and testing of production wells less than 200 feet.
. Category 2: Construction and testing of production wells greater than 200 feet.
. Category 3: Construction and testing of aquifer storage & recovery (ASR) wells,
. Category 4: Construction and testing of injection disposal wells.
. Category 5: Maintenance and testing of existing production wells and facilities.
. Category 6: Maintenance and testing of existing ASR and injection disposal wells.
. Category 7: Construction of well field monitoring wells
Each well drilling contractor was requested to identify the categories that they were able to
perform work under. The list of contractors for each category is provided on the attached
spreadsheet. The new RFP references that Work Orders will be issued for each project. The
contracts have an estimated initial annual contract amount limit of $6,000,000. In addition,
Work Orders in excess of $200,000 will be brought before the Board for approval. Assignments
will be implemented with Work Orders reviewed by the Contract Administration section of the
Purchasing Department. The anticipated individual work order assignments are to be consistent
with but not limited to the 2003 Wastewater and Water Master Plan Updates respectively, as
adopted by the Board on May 25, 2004 as Agenda Items 10C and 10D.
The Clerk of Courts Finance and Accounting Department has reviewed the information
contained in this Executive Summary and the corresponding attachments.
./""'"'
FISCAL IMP ACT: These services may be used by different departments. The funding for each
work order that is assigned under the approved contracts will come from each user Department.
.-..
Award Contracts 06-3887
Page 2
Agenda Item No. 16C2
April 11, 2006
Page 2 of 5
Each user department will budget funds for specific projects. .
GROWTH MANAGEMENT IMP ACT: While these contracts have no direct growth
management impact, they are consistent with the County's long-term growth plans.
RECOMMENDATION: That the Board of County Commissioners, as ex-officio the governing
board of the Collier County Water-Sewer District:
. Award Contract 06-3887, Annual Contract for Well Drilling, Testing, and Maintenance
Contracting Services, to the ten firms listed, and authorize the Chairman to sign standard
Agreements with each firm subsequent to County Attorney approval.
PREPARED BY: Alicia Abbott, Project Manager, PUED
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Agenda Item No. 16C2
April 11, 2006
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C2
Meeting Date:
Recommendation to award Annual Contract for Well Drilling, Testing, and Maintenance
Contracting Services, pursuant to RFP 06-3887, for (10) firms. (Estimated annual amount
$6,000,000)
4/11/2006900:00 AM
Prepared By
Alicia Abbott, E.I.
Project Manager
Date
Public Utilities
Public Utilities Engineering
3/13/20069;33;39 AM
Approved By
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
3/13/2006 1 :59 PM
Approved By
Pamela Libby
Water Operations Manager
Date
Public Utilities
Water
3/13/20062:33 PM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
3/13/2006 2:33 PM
Approved By
Jack P. Curran
Purchasing Agent
Date
Administrative Services
Purchasing
3/15/2006 2:31 PM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
3/15/2006 2:34 PM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
3/15/20062:53 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
3/15/20065:28 PM
Approved By
William D. Mullin, PE
Principal Project Manager
Date
Public Utilities
Public Utilities Engineering
3/17/20062;00 PM
Approved By
Kelsey Ward
Senior Purchasing and Contracts Agent
Date
Administrative Services
Purchasing
3/17/20062;01 PM
Approved By
G. George Yilmaz
Interim WasteWater Director
Date
Agenda Item No. 16C2
April 11, 2006
Page 5 of 5
Public Utilities
WasteWater
3/17/20065:36 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
3/20/2006 10:04 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
COllnty Manager's Office
Office of Management & Budget
3/28/2006 1 :54 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/31/20063:40 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/3/200610:58 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/3/2006 1 :52 PM
Agenda Item No. 16C3
April 11, 2006
Page 1 of 50
-
Executive SUmmary
Approve a Resolution authorizing the submission of a State Revolving Fund low-
interest Construction Loan Application and authorizing the Loan Agreement to the
Florida Department of Environmental Protection, and approve a modification to
Purchase Order 4500045416 in the amount of $86,240 to Angie Brewer &
Associates, L.C. for the Reclaimed Water Aquifer Storage and Recovery System
Project, 74030.
OBJECTIVE: The public purpose of this project is to implement Aquifer Storage and
Recovery (ASR) technology to protect the public water supply by increasing availability
of reclaimed water to be used for irrigation. This action request is to allow the County to
obtain a State Revolving Fund (SRF) low-interest construction loan for this project and
allow Angie Brewer and Associates to provide administration services for this SRF Loan.
,-
CONSIDERATIONS: On March 28, 2006, Agenda item 10H, the Board of County
Commissioners (Board) awarded Contract 06-3924 to Douglas N. Higgins Inc., for the
construction of a Reclaimed Water Aquifer Storage and Recovery System, and Work
Order HDR-FT-3785-06 under Contract 05-3785 with HDR, Inc. for site inspection
services for this project. The Project is included in and is consistent with the 2003
Wastewater Master Plan Update adopted by this Board on May 25, 2004, Agenda Item
IOC.
Collier County is seeking a SRF low-interest Construction Loan from Florida Department
of Environmental Protection (FDEP) in the amount of $5,459,565 excluding capitalized
interest to fmance this project. These funds will be used for the construction of the
Wastewater Capital Project - Reclaimed Water Aquifer Storage & Recovery, The FDEP
has added this project to the Fiscal Year 2006 fundable portion of the SRF Priority list as
a result of the January 11,2006 Public Hearing held by the Department. The County is
now in the position to authorize the submission of the SRF loan application and execute a
loan agreement for this project.
The Angie Brewer & Associates proposal, attached, includes the second phase of services
necessary to successfully administer the SRF low-interest construction loan through final
closeout audit oftrus project. An executive summary submitted to the Board on May 10,
2005, Agenda item 8E, identified that these additional services would be negotiated
following project approval by FDEP. The costs for the initial services are associated with
the pre-construction loan funding. These pre-construction services are reimbursable
under the pre-construction loan, The second phase services are related to and
reimbursable by the construction loan. At the time of the original proposal it was
determined that the additional services would be authorized after FDEP had allocated
funds on the SRF priority list for the project.
.,--
Purchase order 4500045416 to Angie Brewer & Associates, under a cooperative
purchasing agreement with Sarasota County Contract No. 2003-040 for Loan
Procurement Services from FDEP, provided funding for these initial services required for
",....-.....
Agenda Item No. 16C3
April 11, 2006
Executive Summary Page 2 of 50
Reclaimed Water ASR -SRF Funding
Page 2
this project, A purchase order modification in the amount of $86,240 is required for the
additional services through the project closeout. Staff reviewed the estimated costs and
believes these costs to be fair and reasonable.
Original Purchase
Order Amount
$20,274
Change Order
Amount
$86,240
Final Change
Order Amount
$106,514
Collier County has successfully utilized the services of Angie Brewer and Associates on
several prior projects to ensure compliance with all SRF loan requirements they have
been instrumental in obtaining approximately $85 million in SRF loans.
The Clerk of Courts Finance and Accounting Department has reviewed the information
contained in this Executive Summary, Loan Application and corresponding attachments.
,.--
FISCAL IMP ACT: Funding is available in Fund 414 User Fees, Project 74030, and is
consistent with the FY 06 capital budget approved by the Board of County
Commissioners on September 22, 2005. This SRF loan is the permanent financing
mechanism for this project. The SRF Loan amount excluding capitalized interest is
$5,459,565. The estimate of the capitalized interest is $76,707 based on a financing rate
of $2.81 % and construction cost of $4,369,400. This loan also included contingency and
technical services. The anticipated annual loan repayment is $363,736.16 over a 20-year
loan cycle, Angie Brewer & Associates total Purchase Order amount of $1 06,514 will be
eligible for reimbursement by the SRF loan.
GROWTH MANAGEMENT IMP ACT: This project meets current Growth
Management Plan Standards to ensure the adequacy and availability of viable public
facilities,
RECOMMENDATIONS: That by approval of this executive summary the Board of
County Commissioners, as Ex-officio the Governing Board of the Collier County Water-
Sewer District:
. Adopts the attached Resolution to authorize submission of the SRF Loan
Application.
. Authorizes the Public Utilities Administrator to execute the loan agreement, upon
approval by the County Attorneys Office.
. Authorizes the County Manager or his designee to execute a modification to
Purchase Order No. 4500045416 in the amount of $86,240.00 to Angie Brewer
and Associates, L.C. under a cooperative purchasing agreement with Sarasota
County Contract No. 2003-040 for Loan Procurement Services from FDEP.
Prepared by: Alicia Abbott, Project Manager, Public Utilities Engineering.
r-
Agenda Item No. 16C3
April 11 , 2006
Page 3 of 50
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C3
Meeting Date:
Approve a Resolution authorizing the submission of a State Revolving Fund lowinterest
Construction Loan Application and auUlOrizing the Loan Agreement to the Florida
Department of Environmental Protection, and approve a change order to Purchase Order
4500045416 in the amount of $86,240.00 to Angie Brewer & Associates, L.C. for the
Reclaimed Water Aquifer Storage and Recovery System Project, 74030.
4/11/20069:00:00 AM
Prepared By
Alicia Abbott, E.\.
Project Manager
Date
Public Utilities
Public Utilities Engineering
2/24120063:58:18 PM
Approved By
Dale R. Waller
Treatment Plant Superintendent
Date
Public Utilities
WasteWater
2/27/200610:39 AM
Approved By
William D. Mullin, PE
Principal Project Manager
Date
Public Utilities
Public Utilities Engineering
2/2812006 8:49 AM
Approved By
Jon Pratt
Treatment Plant Superintendent
Date
Public Utilities
WasteWater
3/2/20068:12 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
3/10120069:42 AM
Approved By
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
3113/20067:07 AM
Approved By
G. George Yilmaz
Interim WasteWater Director
Date
Public Utilities
WasteWater
3/13/2006 1 :09 PM
Approved By
Gwen Walker
Executive Secretary
Date
Public Utilities
Public Utilities Admin
3120/2006 9:21 AM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
3130/20062:13 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30/2006 3:53 PM
Approved By
Susan Usher
COLlnty Manager's Office
Agenda Item No. 16C3
April 11, 2006
Page 4 of 50
Senior Management/Budget Analyst
Date
Office of Management & Budget
4/4/2006 5:05 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
COLlnty Manager's Office
4/5/20069:54 AM
Collier County
Reclaimed Water ASR SRF 'VWTP
Bidding thru Closeout
Scope of Services
Agenda Item No. 16C3
April 11. 2006
Page 5 of 50
Task 1
Pre-Construction Phase Services
$9fSOO
SRF Manaoement PlanninQ
The Consultant shall coordinate with FDEP, Staff and Engineers to gain project approval to proceed.
The Consultant shall provide a set of files labeled in accordance with FDEP Requirements for the
establishment of the offidal SRF Project Files.
The Consultant shall periodically review the SRF Project Files to ensure all necessa.ry documentation is
available. SRF Requirements allow for periodic on-site inspection of the files to be conducted by FDFP
Representatives and Auditors.
The Consultant shall prepare and monitor the schedule for completion of tasks required by FOEP.
Bidding Approvals
The Consultant shall provide current SRF required bidding information. The Consultant shall review
bidding documents for compliance with SRF Requirement<;, This item includes any addenda issued.
Two copies of signed and sealed addenda shall be provided to the Consultant for purposes of review
and submission to FOEP.
The Consultant shall prepare the Bid Award Approval Package acceptable in accordance with FDEP
Requirements. Minority Business Enterprise/Women's Business Enterprise (MBE/WBE) palticipation
requirements as well as other SRF Requirements will be monitored to ensure approval can be
obtained.
Pre-Construction
The Consultant shall prepare and submit appropriate contract documentation for FDEP approval.
The Consultant shall attend the Pre-Construction t-1eeting held for each project area. The Consultant
shall present the SRF Requirements as part of the agenda. The Consultant will assist the County in
providing written responses to questions from Contractors relating to the SRF Requirements.
The Consultant shall review the Pre-Construction Meetings minutes as provided by the County. The
Consultant shall provide comments and/or assist with appropriate revisions. The Pre-Construction
Meeting minutes shall be submitted to FOEP per the program requirements.
The Consultant shall research and respond to questions regarding SRF requirements,
Task 2
Construction Phase Services
$69,900
ProcessinQ
The Consultant shall provide professional services to review and verify eligible costs per pay estimate
submitted by the contractor. A maximum of ten (10) pay estimate(s) have been assumed for budget
purposes,
The Consultant shall compile required documents and prepare ten (10) Reimbursement Request(s) for
submittal to FDEP. The Reimbursement Request shall include all properly authorized expenditures for
which documentation is available on the date of preparation. The Consultant shall be responsible to
102-200-1001 ASR SRF Funding
Angie Brcwi:r &, Associates, Le.
Task 3
Agenda Item No. 16C3
ensure appropriate parties receive copies of the Reimbursement Request(s) upon receiving t:i\~riI11, 2006
originally signed copy at its office. Page 6 of 50
Program Management
The Consultant shall prepare for and attend twelve (12) Program Management l\'teetings. t-1eeting
minutes shall be prepared and disseminated to appropriate parties upon completion, These meetings
are held for the purpose of discussing FDEP program requirements, reimbursement requests! etigibflity
requests' status, construction progressl contract changes/issues, payment procedures/status,
monitoring issues, additional funding needs and other information regarding the project. These can be
by teleconference and will be supplemented with weekly updates to the County.
The Consultant shall review and process two (2) Construction Contract Change Orders/Field Changes.
This will result in a request for eligibility determination to be submitted to FDEP.. Upon receipt of
eligibility determination, all appropriate project information will be modified to aHow for the eventual
reimbursement of costs if applicable.
The Consultant shall provide a form to be completed by the contractor and submitted with each pay
estimate. The Consultant wil! prepare required Report. This report shall be submitted to the City and
FDEP during construction. A maximum of ten (10) MBE/WBE Reports have been assumed for budget
purposes.
FundinQ Reconciliation
The Consultant shall review and compare the project information with the funding documents to
ensure that all SRF requirements are met and consistency betv.Jeen all aspects of the project is
achieved.
Proqram Coordination
The Consultant shall coordinate with County Staff, FDEP, Consulting Engineers, Project
Representatives and others as necessary to ensure that all requirements are met. The Consultant
shall act as the Liaison between FDEP and the County to identify and resoive issues regarding the
FDEP Loan Program,
The Consultant shall provide necessary data to the County to allow inclusion of the loan in the
required Single Audit Report prepared as part of the Annual Audit. This also includes corresponding
with FDEP regarding eligibility requests and assistance during the annual audit.
Project Closeout & Audit Assistance
$7,000
Consultant shall prepare information required for the Final Report to FDEP regarding the project The
Final Request for Reimbursement is included in this task, This includes the Final Construction
Inspection, Preliminary Administrative Closeout, and Final Administrative Closeout conducted by FDEP
representatives. The necessary closeout documents shall be prepared regarding final eligibility for
construction, engineering, administration, design and other project costs and submitted to FDEP to
allow closeout of the loan, This effort will result in the preparation, review and approval of the Final
Loan Amendment. The Consultant will also provide closeout and other information to the County's
Independent Auditors in order to allow for the required Project Audit within 12 months af approval of
the Final Loan Amendment execution.
a'!
1/
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,~
/11"/ Total $86,400
/~-----
l02-200-WOI ASR SRf Funding
..,
Angie Brewer & Associates. LC.
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Agenda Item No. 16C3
April 11, 2006
Page 8 of 50
RESOLUTION NO, 2006-
A RESOLUTION OF 111E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
RELATING TO TIlE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS;
AUTHORIZING TIlE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT;
ESTABLISInNG PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES;
PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, Florida Statues provide for loans to local government agencies to ftnance the planning, design,
administration and construction of water pollution control facilities; and
WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged
revenues, to designate an authorized representative; to provide assurances of compliance with loan program
requirements; and to enter into a loan agreement; and
WHEREAS, the State Revolving Fund loan priority list designates Project No. WWl20597180 as eligible for
available funding; and
WHEREAS, Collier County, Florida, intends to enter into a loan agreement with the Department of
Environmental Protection under the State Revolving Fund for project financing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS EX-oFFlCIO THE GOVERNING BOARD OF THE COLLIER
COUNTY W A TER-SEWER DISTRICT that:
SECTION I. The foregoing fIndings are incorporated herein by reference and made a part hereof.
SECTION 2. The Board of County Commissioners ofColJier County, Florida, as Ex-Officio the Governing Board ofthe
Collier County Water-Sewer District ("District") is authorized to apply for a cOlIStruction loan to f1lUlIlce the Reclaimed
Water Aquifer Storage and Recovery (ASR) project 74030.
SECTION 3. The revenues pledged for the repayment of the loan are the District's net operating revenues and System
Development fees.
SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby:
(a) Designated to be the District's authorized representative to provide assurances and commitments required by
the loan application; and
(b) Authorized to execute the loan agreement (which will become a binding obligation in accordance with its tenns
when signed by both parties); and
(c) Authorized to represent the District in carrying out its responsibilities under the loan agreement; and is
(d) Authorized to delegate responsibility to appropriate staff to carryout technical, financial, and administrative
activities associated v.,ith the Joan agreement.
SECTION 5. The legal authority for the Distric[ borrowing moneys to construct this Project is Florida Statutes.
SECTION 6. Conflicts. All Resolutions or part of Resolutions in conflict with any of the provisions of this Resolution
are hereby repealed to the extent of such conflicts.
SECTION 7. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or
unconstitutional, the same shall not invalidate or impair the validity, force or effect of any other Section or part of this
Resolution.
SECTION 8. Effective Date. This Resolution shall become effective innnediateIy upon its adoption.
PASSED AND DULY ADOPTED by the Board of County Conunissioners of Collier County, Florida, this
day of , 2006.
ArrEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER -
SEWER DISTRICT
DWIGHT E. BROCK, Clerk
BY
Deputy Clerk
BY
FRANK HALAS, CHAIRMAN
Approved as to fsteial sufficiency;
/b\tV\. Uu--
TItomas Palmer,
Assistant County Attorney
--
l
4Il
Agenda Item No. 16C3
April 11, 2006
Collier County, Florida
Reclaimed Water Aquifer Storage and Recovery (ASR) - WW120597180
February 2006
STATE OF FLORIDA
DEPARTMEm OF ENVIRONMENTAL PROTECTION
STATE REVOLVING LOAN PROGRAM
for
Point Source Water Pollution Control
LOAN APPLICATION
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Twin Towers Office Building
2600 Blair Stone Road. MS 3505
Tallahassee. FL 32399-2400
Form 62-503.900(2)
Effective Date 7-29-04
Agenda Item No. 16C3
April 11,2006
Page 10 of 50
TABLE OF CONTENTS
-
LOAN APPLICATION
(1 ) SUBMITTAL ,...... ....... .................... .................................................... ............................... ..................,.
(2) COMPLETING THE APPLICATION ........ ........ ........ ........................ ............. .................. .......... ..........
(3 ) ASSISTANCE.. ................................................................................................................... ...................
PART 1- ADMINISTRA TlVE INFORMA nON
(1) PROJECT SPONSOR..... ................. ......................... ............................... .......... ........... .....,............ ........
(2) AUTHORIZED REPRESENTATIVE ...................................................................................................
(3) PRIMARY CONTACT ............ ........................ ....... ....... ....... ........ ..... .... ....... ................................... ......
(4) ADDITIONAL CONTACTS..,.................. ...................... ........ ............. ..................... ....... ......................
(5) PROJECf NUMBER ... .......... ..... ............................... ....................... ........ ....... ....... .... ....... .......... ..........
(6) CAPIT ALlZATION GRANT PROJECT REQUIREMENTS ...............................................................
(7) FINANCIAL HARDSHIP ...... ........................ ...... .................... ............ ......................... .........................
(8) DIRECf AND LEVERAGED LOANS.. .......... .......... ....... ............................ ..................... .............. ......
PART II- PROJECT INFORMATION
A, PRECONSTRUCTION PROJECT
( 1) ACTIVITIES ............................................... .... .............................................. ........................ ............ .....
(2) SCHEDULE.......................................... ..... .... ............... ........... ........ .... ............... ....... ....... .......... ............
(3) COST. ........ ................................................... ............ ............................... ...................................... ..... ,..
B. CONSTRUCTION PROJECT
(1) ACTIVITIES .... ..................... ........ ................ ........ ..................... ............ ........................... ......... ............
(2) SCHEDULE..................... .... ........ ....... ......... ... .... ....... .... .... ................ ,....... .......... ... .... .......... ..................
(3) COST ......................................................................................................................................................
PART III . FINANCIAL INFORMATION
(1 ) PRINCIPAL.. ........ ,........................................................................................................................ ........
(2) TERMS AND REPA YMENT ................................................................................................................
(3) ANNUAL FUNDING LIMIT ................... .......................... ............. .... ....... ....... ................. ........,...........
(4) LOAN REPAYMENT RESERVE .........................................................................................................
(5) INFORMATION ON LIENS........... ....................... ........................................................ ....... ............. ....
(6) ACTUAL AND PROJECTED REVENUES ..........................................................................................
(7) A V AILABILITY OF PLEDGED REVENUES .....................................................................................
(8) LOAN SERVICE FEE..... .... ...................................... ..... ............. .................... .............. .............. ...........
PART IV - AUTHORlZA nON AND ASSURANCES
( 1 ) AUTHORIZATION........................ ,.... ........ ............ ...............................................................................
(2) ASSURANCES...................,......... ...... .... ....... .......................,.................. ............... ....................... ........,
PART V -SUPPLEMENTARY INFORMATION
(1) SCHEDULES
PRIOR AND PARITY LIENS ...............................................................................................................
AcrUAL REVENUES AND DEBT COVERAGE ...............................................................................
PROJECTED REVENUES AND DEBT COVERAGE .........................................................................
(2) LIST OF ATT ACfIMENTS ...................................................................................................................
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-
Page
Number
3
3
3
3
3
3
3
3
4
4
4
4
4
5
5
5
5
6
6
6
6
6
7
7
7
7
7-9
10 - 12
13
14
15
-
Form 62-503.900(2)
Page 2 of 15
Effective Date 7-29-04
Agenda Item No. 16C3
April 11, 2006
Page 11 of 50
LOAN APPLICA nON
e (1) SUBMITTAL, Submit the application and attachments to the Department of Environmental Protection,
MS 3505, Bureau of Water Facilities Funding, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(2) COMPLETING THE APPLICATION.
(a) This application consists of five parts: (1) ADMINISTRATIVE INFORMATION; (IT) PROmCf
INFORMATION; (ill) FINANCIAL INFORMATION; (IV) AUTHORIZATION AND ASSURANCES; and
(V) SUPPLEMENTARY INFORMATION.
(b) All information provided on this application must be printed. Monetary amounts may be rounded,
(c) Forms and attachments to be submitted are denoted with italic print.
(3) ASSISTANCE. Completing this application may require information that can be obtained from Bureau of Water
Facilities Funding staff. Please call (850) 245-8358 or SUNCOM 205-8358 for assistance in completing this application.
PART I . ADMINISTRATIVE INFORMATION
(1) PROJECf SPONSOR
Collier County, Florida
Federal Employer Identification Number
59-6000558
(2) AUTHORIZED REPRESENTATIVE (person authorized to sign or attest loan documents).
Name James DeLany, PE Title Administrator, Public Utilities Division
Telephone (239) 732-2540 FAX (732) 732-2526 Email JimDeLony@colliergov.net
Mailing Address 3301 East Tamiami Trail, Bldg. H, Third Floor
\-.. Naples, Florida - 34112
(3) PRlMARY CONTACf (person to answer questions regarding this application).
Name Mark A. Brewer Title ClientlProject Manager
Telephone (941) 756-5800 FAX (941) 756-0804 Email markb@aba1c.com
Employer Angie Brewer & Associates, L.C.
Mailing Address 9104 58th Drive East
Bradenton, Florida 34202
(4) ADDITIONAL CONTACfS. If more than one additional person is to receive copies of Department
correspondence, attach the information (Attachment #----1,
Name Thomas Wides Title Fiscal Operations Director
Telephone (239) 732-2553 FAX (239) 732-2526 Email thomaswides@colliergov.net
Employer Collier County, Florida
Mailing Address 3301 East Tamiami Trail, Bldg. H, Third Floor
Naples, Florida 34112
(5) PROJECf NUMBER (listed on the Department's priority list). WW120597180
,.
Form 62-503,900(2)
Page 3 of 15
Effective Date 7-29-04
'<'-"~'-'-""";"-""""-'----'""~
--
Agenda Item No. 16C3
April 11, 2006
(6) CAPITALIZATION GRANT PROJECf REQUIREMENTS. An Applicant may have to ~~&{p'; ~if~
certain Federal requirements for loans from funds that, in aggregate, are equivalent to the amount of the
federal grant awarded to the Department to partially capitalize the State Revolving Fund. Please check with
the Department to determine if the project is subject to such requirements.
Is this project subject to special federal requirements? 0 Yes [gJ No
If this project is subject to special federal requirements complete an EPA Preaward Compliance Review
Report and attach in Part V, List of Attachments. (Attachment # ).
(7) FINANCIAL HARDSHIP. To qualify for a financial hardship loan the affordabiIity index of a smaU
community to be served by the project shaU be less than 100. A small community is a municipality or
unincorporated community with a total service area population of 20,000 or less as of the most recent
decennial census. Please check with the Department to determine if the project qualifies for a financial
hardship loan.
Does the loan qualify for financial hardship consideration? 0 Yes [gJ No
(8) DIRECf AND LEVERAGED LOANS. A local government project sponsor that receives a loan from
proceeds of bonds issued by the Florida Water PoUution Control Financing Corporation will be subject to
certain limitations resulting from the tax exempt status of such bonds. Please check with the Department to
determine if the loan is subject to such limitations.
Is this loan subject to the special leveraged loan limitations? 0 Yes I8l No
PART II - PROJECT INFORMATION
If you are applying for a loan to plan and design a project that will involve construction, complete only Subpart A
below, If you are applying for a loan to construct a project that is already planned and designed, complete only
Subpart B below.
- A. PRECONSTRUCTION PROJECT
Information should be provided for each separate facility to be planned and designed as appropriate. For
design/build projects or those where multiple facilities, segments, or phases are involved, please attach information
for activities, schedule, and cost for each. (Attachment #----.J
(1) ACfIVITIES. Attach a brief description of the scope of planning and design activities to be financed by this
loan. Include a list of any specialized studies to be performed. (Attachment # ----> Are these activities the
same as those scheduled on Request for Inclusion Form? DYes D No. If "No", please explain.
(Attachment #----.J
(b)
(2) SCHEDULE.
(a) Provide proposed completion dates for the items. (Please call Department staff to discuss time frames
needed to complete required tasks.)
Planning documentation
Engineering work
Certification of site availability
Permit
Do you anticipate that an intedocal agreement with another party will be necessary to DYes D No
implement the project? If "Yes", please explain, (Attachment #---.J
Is this a design/build project? D Yes D No
COST, Is the cost information submitted for the preconstruction loan priority list DYes D No
current? If "No", please explain and submit revised cost information using the
-
(c)
(3)
-
Fonn 62-503.900(2)
Page 4 of 15
Effective Date 7-29-04
appropriate page of the Request for Inclusion Form. (Attachment #--.> Note that
the disbursable amount will be limited to the priority list amount.
Agenda Item No. 16C3
April 11, 2006
Page 13 of 50
tit PRECONSTRUcrION LOAN APPLICANTS PROCEED TO PART ill,
B. CONSTRUCTION PROJECT
(1) ACfIVITIES.
(a) Attach a brief description of construction activities to be financed by this loan. Include a list of the
construction contracts (by title) corresponding to the plans and specifications accepted by the Department
(Attachment #~.
Are these contracts the same as those scheduled on the Requestfor Inclusion Form?
If "No", please explain. (Attachment #--.>
(b) Have any of the contracts been bid?
If "Yes", indicate which contracts have been bid, (Attachment#JL)
(c) Was the planning and design for this project financed with a preconstruction loan?
If "Yes", give the preconstruction loan number. WW59716P
(d) Does this project involve an interlocal agreement with other local governments or 0 Yes ~ No
other entities?
~ Yes 0 No
~ Yes 0 No
~ Yes D No
If "Yes", attach a copy of the Department letter accepting the interlocal agreement. (Attachment #_)
Is the interlocal agreement, as accepted by the Department, fully executed and 0 Yes 0 No
\,... enforceable?
If "No", please explain (Attachment # _),
(2) SCHEDULE.
(month and year)
(3) COST. Is the cost information submitted for the priority list current?
March 2006
March 2007
April 2007
o Yes ~ No
(a) What is the estimated date for the start of construction?
(b) What is the estimated date for construction completion?
(c) What is the date for start up ofthe facilities?
If "No", please explain and submit revised cost information using the appropriate page of the Request for
Inclusion Form. (Attachment #..J2..) Note that the disbursable amount will be limited to the priority list
amount.
..
Form 62-503.900(2)
Page 5 of 15
Effective Date 7-29-04
-
- (c)
-
PART III - FINANCIAL INFORMATION
Agenda Item No. 16C3
April 11, 2006
Page 14 of 50
Please check with the Department to establish estimates of the capitalized interest rate, project useful life for
[mancial hardship loans, financing rate, pledged revenue coverage, limitations on annual loan amounts for large
projects. applicability and amount of repayment reserves, amount of the loan service fee and any other information
needed to complete this form.
(1) PRlNCIPAL. The requested amount of the loan, excluding capitalized interest is $5,459,565
The estimate of the capitalized interest is $76,707 based on a financing rate of 2.81 %.
Note that the disbursable amount will be limited to the priority list amount and must be consistent with the
project information provided under PART n of this application. Also note that the capitalized interest is an
inexact estimate~ and it is subject to adjustment by the Department to reflect actual disbursement timing,
The principal amount of the loan does not include the loan service fee.
TERMS AND REPAYMENT,
(2)
(a)
Loans to local government project sponsors are amortized over the lesser of useful life of the project or 20
years unless the project is to serve a small community qualifying as having a financial hardship. Loans to
financial hardship communities may be amortized over the lesser of useful life of the project or 30 years,
Loans to non-governmental project sponsors are amortized over the lesser of the useful of the project or 10
years. Finance charges and principal are paid semiannually.
What is the useful life of the project? 20
(years)
20
(years)
Over how many years would you like to amortize the loan?
(b)
List all revenues that are to be pledged to repayment of this loan: Net overating revenues and System
Development fees of the Collier County Water-Sewer District's water and sewer Utility systems after
payment of debt service.
Pledged revenue receipts or collections by the project sponsor must exceed the amount of the repayments
due to the Department unless there are other collateral provisions. The excess revenue, or coverage,
generally is 15% of each repayment.
What coverage is proposed for the loan? 20% (coverage percentage)
Is any other financial assistance being applied to this project? DYes 181 No
If "Yes", please list. (Attachment # )
ANNUAL FUNDING LIMIT. Large project funding (generally. loans in excess of $10 million) may be
provided in increments pursuant to the initial loan agreement and subsequent amendments. Each increment
shall have a separate financing rate as established in the agreement or amendment providing that increment.
LOAN REPAYMENT RESERVE. Subject to the Department's approval, a local government may establish
a restricted or assigned reserve account. using its own funds. in an amount not less than the sum of two
semiannual loan repayments in order to reduce the pledged revenue coverage requirement to as low as 1.0
times the annual debt service.
(d)
(3)
(4)
DYes [8J No
Is a reserve expected to be established using local funds?
If "Yes." describe the locally funded reserve. (Attachment #---l
(5) INFORMATION ON LIENS,
(a) Describe, if applicable, all debt obligations having a prior or parity lien on the revenues pledged to repay this
loan. (Attachment#--1LJ For example: City Name, Florida. Water and Sewer System Revenue Bonds.
Series 1996. issued in the amount of $10.000,000. pursuant to Ordinance No. 93-104, as amended and
supplemented by Ordinance No. 96-156,
(b) Using the Part V. Schedule of Prior and Parity Liens, provide debt service information, if applicable, on
each prior and parity obligation.
Form 62-503.900(2) Page 6 of 15 Effective Date 7-29-04
~
(c)
-
(d)
(6)
(a)
(b)
(7)
(a)
(b)
(c)
(8)
Agenda Item No. 16C3
April 11, 2006
Page 15 of 50
For the listed obligations, provide a copy of the ordinance(s), resolution(s), official statement(s), or pages
thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate
covenants, provisions for issuing additional debt, provisions for bond insurance, and debt rating.
(Attachment # J.J
Describe any other notes and loans payable from the revenues pledged to repay this loan.
(Attachment # NIA )
ACfUAL AND PROmcrEO REVENUES.
Complete the Part V, Schedule of Actual Revenues and Debt Coverage for the past two fiscal years,
Complete the Part V, Schedule of Projected Revenues and Debt Coverage, demonstrating the availability of
pledged revenues for loan repayment.
A V All...ABILITY OF PLEDGED REVENUES, All sources must be supported by a written legal opinion.
(Attachment # -EJ The opinion must address the following:
Availability of the revenues to repay the loan.
Right to increase rates at which revenues shall be collected to repay the loan,
Subordination of the pledge if pledged revenues are subject to a prior or parity lien.
LOAN SERVICE FEE. A loan service fee is assessed on each loan. The fee is not part of the loan. The fee
along with interest thereon will be deducted from the first available repayments after the final amendment to
the loan agreement.
PART IV -AUTHORIZATION AND ASSURANCES
(1) AUTHORIZATION. Provide an authorizing resolution of the Applicant's governing body or other evidence
of authorization (Attachment # -I2.J for the following:
l (a) Pledging revenues to repay the loan.
(b) Designation of the Authorized Representative(s) to file this application, provide assurances, execute the
loan agreement, and represent the Applicant in carrying out responsibilities (including that of requesting
loan disbursements) under the loan agreement,
(2) ASSURANCES. The Applicant agrees to comply with the laws, rules, regulations, policies and conditions
relating to the loan for this project. Applicants should seek further information from the Bureau of Water
Facilities Funding staff as to the applicability of the requirements if the necessity for the assurances are of
concern. Specifically, the Applicant certifies that it has complied, as appropriate, and will comply with the
following requirements, as appropriate, in undertaking the Project:
tl
(a) Assurances for capitalization grant projects.
1, Complete all facilities for which funding has been provided.
2. The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic
Preservation Act of 1966, PL 89-665, as amended, regarding identification and protection of historic
properties,
3. The Clean Air Act, 42 U.S.c. 7506(c), which requires conformance with State Air Quality Implementation
Plans,
4.
The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of project
consistency with the approved State management program developed under this Act.
The Endangered Species Act, 16 V.S.C. 1531, et seq., which requires that projects avoid disrupting
threatened or endangered species and their habitats.
Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding preservation,
restoration and maintenance of the historic and cultural environment,
5.
6,
Form 62-503.900(2)
Page 7 of 15
Effective Date 7-29-04
_ 8,
-
-
Agenda Item No. 16C3
April 11. 2006
7. Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adv~~g1~i>JJO
associated with floodplain occupancy, modification and development whenever there is a practicable
alternative.
Executive Order 11990, Protection of WetIands, related to avoiding, to the extent possible, adverse impacts
associated with the destruction or modification of wetlands and avoiding support of construction in
wetlands,
9. The Fish and Wildlife Coordination Act, PL 85-624. as amended. which requires that actions to control
natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats,
10. The Safe Drinking Water Act. Section 1424(e), PL 93-523. as amended, regarding protection of
underground sources of drinking water.
11. The Wild and Scenic Rivers Act. PL 90-542. as amended, related to protecting components or potential
components of the national wild and scenic rivers system.
12. The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352,
which prohibits discrimination on the basis of race, color or national origin; the Age Discrimination Act. PL
94-135, which prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution
Control Act, PL 92-500, which prohibits sex discrimination; the Rehabilitation Act of 1973. PL 93-112, as
amended, which prohibits discrimination on the basis of handicaps.
Executive Order 11246, Equal Employment Opportunity. which provides for equal opportunity for all
qualified persons.
Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small,
minority, and women's business and labor surplus areas are used when possible as sources of supplies,
equipment, construction and services.
The Coastal Barrier Resources Act. 16 U.S.C. 3501 et seq., regarding protection and conservation of the
coastal barrier resources.
13.
14.
15.
16. The Farmland Protection Policy Act. 7 US.c. 4201 et seq., regarding protection of agricultural lands from
irreversible loss.
17. The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646. which provides for
fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or
federally assisted programs.
18. The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which
requires that projects be carried out in accordance with area wide planning activities.
19, Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which
prohibit manufacturers, firms, or other enterprises on the EP A's list of Violating Facilities from participating
in the Project.
20. Executive Order 12549, Debarment and Suspension. which prohibits any award to a party which is debarred
or suspended or is otherwise excluded from. or ineligible for, participation in federal assistance programs.
21. Minority and Women's Business Enterprise participation in project work using numerical goals, established
by the U.S. Environmental Protection Agency, and to be set forth in the specifications for construction and
materials contracts.
(b) Assurances for other projects.
1. Chapter 161, Part I. F.S., "Beach and Shore Preservation Act" and Part m. "Coastal Zone Protection Act of
1985" which regulate coastal zone construction and all activities likely to affect the condition of the beaches
or shore,
2. Chapter 163, Part II, F.S.. the "Local Government Comprehensive Planning and Land Development
Regulation Act" which requires units of local government to establish and implement comprehensive
planning programs to control future development.
Form 62-503,900(2) Page 8 of 15 Effective Date 7-29-04
--
3.
Agenda Item No. 16C3
April 11 , 2006
S d. l' h' h . ~ f..th Pqqe 17 pf 50
Chapter 186, F. ., State an RegiOnal P anmng, w IC requrres conlormance 0 projects WI Reglona Plans
and the State Comprehensive Plan.
Chapter 253, F.S., "Emergency Archaeological Property Acquisition Act of 1988" which requires protection
of archaeological properties of major statewide significance discovered during construction activities.
Chapter 258, Part ill, F.S., which requires protection of components or potential components of the national
wild and scenic rivers system.
6. Chapter 267, F,S., the "Florida Historical Resources Act" which requires identification, protection, and
preservation of historic properties, archaeological and anthropological sites.
7. Chapter 287, Part I, F ,S., which prohibits parties convicted of public entity crimes or discrimination from
participating in State-assisted projects and which requires consideration of the utilization of Minority
Business Enterprises in State-assisted projects.
8. Chapter 372, F.S" the Florida Endangered and Threatened Species Act which prohibits the killing or
wounding of an endangered, threatened, or special concern species or intentionally destroying their eggs or
nest.
-
4.
5.
9. Chapter 373, Part IV, F.S., Florida Water Resources Act of 1972, which requires that activities on surface
waters or wetlands avoid adversely affecting: public health, safety, welfare, or property; conservation of
fish and wildlife, including endangered or threatened species or their habitats; navigation or the flow of
water; the fishing or recreational values or marine prcxiuctivity; and significant historical and archaeological
resources,
l
10, Chapter 380, Part I, F,S., Florida Environmental Land and Water Management Act of 1972 as it pertains to
regulation of developments and implementation of land and water management policies.
11, Chapter 381, F.S., Public Health, as it pertains to regulation of onsite wastewater systems.
12. Chapter 403, Part I, F,S., Florida Air and Water Pollution Control which requires protection of all waters of
the state.
13. Chapter 582, F.S., Soil and Water Conservation Act which requires conformance with Water Management
District's regulations governing the use of land and water resources.
14. Governor's Executive Order 95-359, which requires State Clearinghouse review of project planning
documentation and intergovernmental coordination.
I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein
and in the attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I
have been duly authorized to file the application and to provide these assurances,
Signed this
Day of
,20
(signature)
James DeLonv PEa Public Utilities Administrator
(name typed)
Authorized Representative
Attachments
till-
Form 62-503.900(2)
Page 9 of 15
Effective Date 7-29-04
e
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-
PART V - SUPPLEMENTARY INFORMATION
Agenda Item No. 16C3
April 11, 2006
Page 18 of 50
SCHEDULE OF PRIOR AND PARITY UENS
List amuaI dBbl S8Nlce begirring IY.o years before 1he 8/1idpal8d lain agr&enl8l'i daI8 and oonli~ a11easl fifIBen li8cal years. Use aaiIicnIII PlIQ8S as -v.
IDEN'IlFY EACH Clll..lGA11ON
It! w.. & Sewer TlIlClIll Relt.ncirQ AMnJe 12 W_ & Sewer TlllGlble AeImdng FloMnJll 13 w.. & S--TlllIIbl& AefI.ndng RlMnIe
Bonds . Seriea 2OO3A Bonds - Series 2OO3B Bonds . Series 1999A
~ 125% ~ 125% ~ 125%
u.nd Y. /nand Y. IrISII8d Ves
114 w.r & Sewer TlDlIIl:lIe Relt.ncirQ RlMnIe t5 Conmsn:IeI "-" ()aw - f6 SRI' l<&l CS12ll511707O
Bonds - Serielllll1l1lB ....,.,
~ 125% ~ 125% ~ 125%
Inand Y. /nand V. IrISII8d YllS
FISCAL AIftlAI.. DEBT SEfMCE /PfINCIPAl. PLUS IHTERESTl -:=~
YEAR W/~ SIlIMO! 'l/1C1JI/F1IMJl!!'
11 12 13 14 jj5 16 _~illmii'.. .,'
2004 5:2.822.281 $1 646,13li $1 246.160 $1,973.~ $1 OII),5llEl $ .
2005 5:2.824,816 $1 683.55lJ $822.347 $1,968.~ $1,0II),5llEl $ .
2006 5:2.819016 S1.683.55lJ $817.641: $1 967.6001 $877,500 $1 0II),5El8 S -
alO7 5:2.820 856 $1 683.55lJ $826,518 $1 S64,6001 $877 500 $1 0II),5llEl $ -
2008 5:2.821.425 $1683 550 $81831 $1 974,~ $an.sae $1 0II),5El8 $ .
2009 $764.97!3 S3. 733 550 $819.31 $1 971 ,07li $an.sae $1 0II),5El8 $ -
2010 $4,501 050 $818.36:i $1 969.lrn $27,146,25(1 $1 0II),5El8 $ .
2011 $4,835,050 $1 970.97li $1,(11) 59ll $ .
2012 $4 835 050 $1 974 154 S1 OIl) 59ll $
2013 $4 836,550 $I,979171i $ -
2014 $483717= $1 m.ffiS Is .
2015 $4 837125 $1,967 316 $ .
2016 52.6:Il875 $1,971.094 $ .
2017 $1 799.000 $ -
2018 $1 798.50( $ -
2019 $1 799.50( $ -
2020 $1,796 750 $ -
2021 $1,~,25C $ -
3122 $ -
2023 $ -
2024 S -
2025 $ -
2026 $ -
2IfZl $ -
'T0IaIs IocaIed on the last page of tli810nn
-Commercial Pacer is a balloon deot il"l!ltn6nlrt and in FY10 aher oel1Tl8l"lllli deot firB1Cino Vlill be in D1a:e orior to this oavment beino reouired.
--.,
Form 62-503.900(2)
Effective Date 7 -29-04
Page 10 of 15
-
~
,.
PART V - SUPPLEMENTARY INFORMATION
Agenda Item No. 16C3
April 11, 2006
Page 19 of 50
SCHEDULE OF PRIOR AND PARITY UENS - Cont'cL
Ust am.eI deblll8l\rice begil1l1lrQ t'Ml )'ll8IS before the lII1llcIp8ted loin IIgI8III18l1l dllte and DllI1linJIng IIIe8st flfI8en fiscal yaers. USe addItlonaI peges as ~.
IDEN11FY EACH CBJOATlClN
n SRF I..owl CS12ll5ll7OllO II SRF I..owl CS12D!597100 119 SRF lcBI CS12059715P
~/29.'(, ~'-" 125'-'" ~ 125'-"
tnsurBd Yes I1ISIIIId Yes Insured YE18
110 SA/' I..owl WWG12D!59715L 01 111 SRFLoInWWGl2059715Ul2 112 SRF LoIn WWGI2059715l.03
EstilrBltK1 Pli~ per AgBem!InI Estit7viIBI1 Pa)mlr1ts per ~
~ 129.'(, ~ 125'-" ~ 125'lf.
/nsUlId Yes /nsut1d Yes /nsut1d YE18
PISC\L >>NJAL DEBT IlElMCE IPIlINClPALPUJS INTEI'ESO ~
YEAIl W~IP SElMCI!1I'1<D\'IlIlAGI!"
'7 18 19 110 111 112 -, ..
2004 SBB6.480 $1.506.8OC
2005 SBB6.480 $1463311 $346,589 $510386
2006 SBB6.480 $1 463,311 $346 589 $510.386 $1 021.5Ol; $393 783
2007 S886.480 $1,463.311 $346 589 $510386 $2043 OlE !rnl7.5B8
2006 -.....- $1 463,311 $346 589 $510386 12.043 018 $7875B8
2009 _.~ $1463311 $346.589 ~'il0 386 $2043 018 $787 566
2010 $886 480 $1 463 311 $346 589 $510.386 $2.043 018 $787 566
2011 $886 480 $1,463 311 $346 589 S510386 $2043018 $787 566
2012 S886,4BC $1 463 311 $346.589 $510386 $2,043 018 $787.56E
2013 $886,48/: $1463311 $346 589 ~'il0 386 $2 043 018 $787 566
2014 ~._. $1463311 $346.58ll $510386 $2,043 018 $787 566
2015 $886 480 $1,463 311 $346 589 S510.:W $2,043 018 $787 566
2016 $886.480 $1 463 311 $346.589 $510386 $2 043018 $787.566
2017 $1 463 311 $346.589 $510386 12.043 018 $787566
2018 $886.48: $1463311 $346 589 $510386 $2,043 018 $787 566
2019 $1463311 $348.589 $510386 $2 043 OlE !rnl75EJi
2020 $1 463 311 S348.589 $510386 $2043 018 $787.5EJi
2021 $1463311 $346fiRll $510386 $2,043 018 ~7AAA
2022 $510386 12.043 018 $787 566
2023 $510386 $2.043 018 $787 566
2024 $346,589 $510386 12.043 018 $787 566
202S $2,043 018 $787 566
2026 $1,021 509 $393 783
20Zl
*Totals located on \he last oaae of this form.
Form 62-503.900(2) Page 11 of 15 Effective Date 1-29-04
__.....'_M____..,.~"___._ -_,.."_._,......_... '"---"
-
-
e
PART V - SUPPLEMENTARY INFORMATION
Agenda Item No. 16C3
April 11, 2006
Page 20 of 50
SCHEDULE OF PRIOR AND PARITY LIENS. Confd.
Ust 8flI1UIII dIIbt lIfJMce beginning two I'88I1l bel0f8lhe 8t1licIpIded IolIn ~ dIIe 8Ild oontinuIng . INst m... ,Ileal yeers. Use adcitionIII P8\JlIlI ... nec-..y.
IDENTIFY I!Aa1 OIIl.JOATIClN
'13 SAF Pre-conetrucllon L-. WW5l716P '14 SAF~L-.WW5l711S
EstImaI8d PIIymeM pM ~ E_PIIymeM pM AQrNmenI
~'Il , 2O\Il ~'Il 1211'll
Insured Y.. 1_ Yes
!'lOCAL ANNUAL DEBT SERVICE /PRINCIPAL PLUS INTERElm ~
VEA.I IBRVlCE W,COVEItA SBAVICE ./OOVEllAGB
113 '14 .;- ,'.
. "1.,\: _!' J -"1-
2004 $ 9609 978 SA 319 848
2005 $ 9 124 400 ~"334 ?05
2006 $424 132 $ 10206 651 $7612?78
2007 1:234 461 $424 132 $ 10216265 $9662 747
2008 $468 922 $424 132 $ 10219495 $9944 100
2009 $468 922 $424132 $ 10208 026 $9944 100
2010 SA68 922 $424 132 $ 43 044 426 1:9944100
2011 SA68 922 $424 132 $ 8 507 536 $9 944 100
2012 SA68 922 SA?4 132 $ 8511505 1:9944 100
2013 S4AA.922 $424 132 $ 8519681 $8 618 352
2014 SA68 922 SA24 132 $ 6518430 S11-616352
2015 $468 922 $424 132 $ 8 505 555 $8 618 352
2016 $468 922 $424 132 $ 5752 461 $8.618352
2017 $468.922 $424 132 S 2 246 750 $8.618352
2018 $468.922 $424 132 S 2 246 125 $8.618352
2019 S4AA 922 $424 132 S 2 249 375 $7510 ?52
2020 S4AA_922 $424 132 $ 2 245 938 $7510.252
2021 $468.922 SA24132 S 2237813 ~ 510.252
2022 $468 922 $424 132 $ $5681114
2023 S4AA 922 $424 132 S ~"681114
2024 $468 922 $424 132 $ ~J;.681 114
2025 S4AA922 SA24132 $ SA 609 895
2026 $468 922 $ - 1:2.331 821
2027 $234 461 $ - $281 353
--.
Form 62-503.900(2)
Page 12 of 15
Effective Date 7-29-04
--
\...
~
PART V - SUPPLEMENTARY INFORMATION
Agenda Item No. 16C3
April 11,2006
Page 21 of 50
(a)
(b.)
(c.)
SCHEDULE OF ACfUAL REVENUES AND DEBT COVERAGE FOR PLEDGED REVENUE
(Provide information for the two fiscal years preceeding the anticipated date of the SRF Loan Agreement)
FY03 FY04
Operating Revenues(Identify) I
Charges for services $ 58,642,345 $ 64.725,897
Interest Income $ 3,847,191 $ 4,095,329
Other Incomes or Revenues (Identify)
Miscellaneous $ 624,572 $ 200,379
System Development Fees $ 19,453,748 $ 25,641,401
Total Revenues $ 82,567,856 $ 94,669,006
Operating Expenses (excluding interest on debt, depreciation, and $ 35.220,249 $ 39,174.075
other non-cash items)
Net Revenues (f= d - e) $ 47,347,607 $ 55,494,931.00
Debt Service (including coverage) Excluding SRF Loans $ 7,956,281 $ 9,609,978
Debt Service (including coverage) for Outstanding SRF Loans $ 6,777,353 $ 4,319,848
Net Revenues After Debt Service (i=f-g-h) $ 32,613,973 $ 41,565,105
(d.)
(e.)
(f.)
(g.)
(h.)
(i.)
Attach audited annual financial report(s), or pages thereof, or other documentation necessary to support the
above information. Indude any notes or comments from the audit reports regarding compliance with covenants of
debt obligations having a prior or parity lien on the revenues pledged for repayment of the SRF Loan.
(Attachment #-':L.)
Attach worksheets reconciling this page with the appropriate financial statements (for example, backing out
depreciation and interest payments from operating expenses). (Attachment #--1
If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please explain what
corrective action was taken. (Attachment #--1
Source: Financial Statements - Collier County FY 03, FY 04
Notes: (Le. Rate Increases, Explanations, etc.)
Form 62-503.900(2)
Page 13 of 15
Effective Date 7-29-04
PART V - SUPPLEMENTARY INFORMATION
Agenda Item No. 16C3
April 11, 2006
Page 22 of 50
(a.)
(b.)
(c.)
SCHEDUlE OF PROJECTED REVENUES AND DEBT COVERAGE FOR PlEDGED REVENUE
(Begin with the fiscal year precedina first anticipated semiannual loan payment)
FY07 FY08 FY09 FY10 FYl1
Operating Revenues (Identify)
Charges for services $ 70,727,735 $ 72,849,567 $ 75,035,054 $ 77,286,106 $ 79,604,689
Interest Income $ 4,000,000 $ 4,000,000 $ 4,000,000 $ 4,000,000 $ 4,000,000
Other Incomes or Revenues $ - $ . $ - $ -
(Identify)
Miscellaneous $ 225,516 $ 232,281 $ 239,250 $ 246,427 $ 253,820
System Development Fees $ 28,019,051 $ 28,859,623 $ 29,725,411 $ 30,617,174 $ 31,535,689
$ - $ - $ - $ -
Total Revenues $ 1 02,972.302 S 105,941,471 S 108,999.716 S 112.149,707 $ 115,394,198
Operating Expenses (excluding
interes on debt, depreciation, S 42,806.569 S 44.090.767 S 45,413,490 S 46,775,894 S 48,179,171
and other non-cash items)
Net Revenues (f = d . e) S 60.165.733 S 61,850,705 S 63.586,226 $ 65,373,813 S 67 ,215.027
Existing Debt Service on Non-SRF $ 10,216,285 $ 10,219,495 $ 10,208,026 $ 43,044,426 $ 8,507,536
Projects (including coverage)
Existing SRF Loan Debt Service
(including coverage) $ $
$ 9,662,747 $ 9,944,100 $ 9,944,100 9,944,100 9,944,100
Total Existing Debt Service
(i=g+h)
S 19.879.032 S 20.163,595 S 20,152,126 $ 52.988,526 $ 18.451.636
Projected Debt Service on Non-
SRF Future Projects (including
coverage) $ . $ - $ - $ . $ -
Projected SRF Loan Debt Service
(including coverage)
$ - $ 436,483 $ 436,483 $ 436,483 $ 436,483
Total Debt Service (Existing and
Projected) O=i+j+k)
$ 19.879,032 $ 20.600,078 $ 20.588,609 $ 53,425.009 $ 18,888.119
Net Revenues After All
DebtService (m=f-l)
S 4O?AA 701 t 41 250627 t 42-Y!H .ftll S 11 948.803 S 48 326.908
Source: Total revenues from FY 03 to FY 04 shows an increase of approximately 11 'Yo. The projected revenue
above assumes a conservative 3% increase per vear for items (a), (c), & (e).
Notes: (i.e. Rate Increases, Explanations, etc.)
Commericaf Paper is a balloon debt instrument and in FY10 other permanent debt financing will be in place prior
to this payment being required.
For Construction loans, are the above projections consistent with the accepted feasibility information? YES
-.
-
(d.)
(e.)
(f.)
(g.)
_ (h.)
(i.)
(j.)
(k.)
(I.)
(m.)
e
Form 62-503.900(2)
Page 14 of 15
Effective Date 7-29-04
-
\..
tIl.
PART V - SUPPLEMENTARY INFORMATION
LIST OF ATTACHMENTS
Agenda Item No. 16C3
April 11, 2006
Page 23 of 50
LIST OF ATTACHMENTS. This application requires the submittal of Attachments to provide supplemental
information. The application is not complete without the completed List of Attachments, Please list all
attachments that you are including with this application form.
Attachment
Project Description
Projects/Contract Bid Tab
Request for Inclusion
Description of Debt Obligations
Debt Service Information
Legal Opinion
Loan Resolution
Backup Financial Information (CAFR)
Affordability Index
Number
A
B
C
D
E
F
G
H
I
Form 62-503,900(2)
Page 15 of 15
Effective Date 7-29-04
Agenda Item No. 16C3
April 11, 2006
Page 24 of 50
-
Attachment A
Project Description
-
-
-..
Agenda Item No. 16C3
April 11, 2006
Page 25 of 50
-
Prolect Description
Collier County
Reclaimed Water Aquifer Storage and Recovery (ASR)
Phase 1 of the project consists of constructing one pilot ASR well and two deep
monitor wells, Upon completion it is anticipated the well will accept injectate
water and recover water at a rate of 1,0 to 1,5 MGD. Injection would occur over
a 90 to 120 day period during the wet season, or whenever excess water is
available,
Once the pilot well has proved successful, Phase 2 of the project will have four
additional ASR wells installed at the project site for a total of 5 (five) wells.
The total project will create a facility for the storage and recovery of more that
140 million gallons of reclaimed water,
The beneficial environmental effects of the project include a reduced
dependence on freshwater aquifers to meet dry season needs and reduced
dependence on potable water supplies.
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-.
-
o
Q)
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c..
Agenda Item No. 16C3
April 11, 2006
Page 30 of 50
-
Attachment C
Request for Inclusion / Cost and Schedule
Update 2/06
Letter to request cost increase due to bid
overrun.
-
-
--..
Agenda Item No. 16C3
April 11, 2006
Page 31 of 50
--
Request for Inclusion
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Twin Towers Office Bldg. 2600 Blair Stone Road MS 3505 Tallahassee, Florida 32399-2400
Project Number:
Affordability Index:
(Filled In by OEP)
(Filled In bv OEP)
Type of loan applying for:
Pre-construction
o
Construction
181
1. Applicant's Name and Address.
Project Sponsor: Collier County Public Utilities Division
3301 East Tamiami Trail, Bldg H, Third Floor
( street)
Naples
( city)
Collier
(county)
34112
(zip code)
Contact Person: Tom Wides. Fiscal Operations Director
~
3301 East Tamiami Trail, Bldg H, Third Floor
(street)
Naples
( city)
(239) 732-2553
(telephone)
Collier
(county)
34112
(zip code)
(239) 732-2526
(fax)
ThomasWides@colliergov.net
(e-mail)
2. Name and Address of Applicant's Consultant (if any).
Firm: Angie Brewer & Associates, L.C.
9104 58th Dr E
(street)
Contact Person Mark Brewer
Bradenton
( city)
(941) 756-5800
(telephone)
Manatee
(county)
34202
(zip code)
(941) 756-0804
(fax)
Markb@abalc.com
(e-mail)
3. Certification by Authorized Representative: I certify that this form and attachments have been completed by me or at
mydi . a that the information presented herein is, to the best of my knowledge, accurate.
~q /(').t' .
(date) I
,., Thomas Wides
(name. typed)
-'- Fiscal Operations Director
(title)
Form 62-503.900(1)
Page 1 of 6 Effective Date: 7-29-04
Agenda Item No. 16C3
April 11, 2006
Page 32 of 50
Request for Inclusion
e-. Eligible Projects.
a. A project may encompass urban stormwater management facilities, such as detention/retention facilities, treatment
facilities. etc. sponsored by a local govemment (eligible under Section 212 of the amended Clean Water Act).
b. A project may encompass wastewater management facilities, such as sewers, pump stations, treatment plants. reuse
facilities, sludge facilities, etc. sponsored by a local government (eligible under Section 212 of the amended Clean Water Act).
c. A project may encompass non point source pollution control best management practices for agriculture, silvaculture, on-
site treatment and disposal, wetlands, mining, marinas, brownfields or groundwater protection sponsored by any entity
(eligible under Section 319 or 320 of the amended Clean Water Act).
To be eligible for listing on the fundable part of the integrated priority list, the project component(s) must be specifically
identified in a planning document. If the planning has been completed for this project, note the title and date, and reference
the page numbers or other location at which the specific facilities are described.
Collier County Aquifer Storage and Recovery Facilities
Plan
(title)
03/05
1.10
(date)
(reference page or other location)
5. Project Information (Please Attach).
a. Describe the project, its location, the scope, why it's needed and the environmental benefit.
b. Attach maps showing system boundaries, existing and proposed service area, and project area.
_ c. Census tract numbers of the existing and proposed service area. List in item 12 below.
d. List any NPDES permit number associated with this project.
82210-003-UC
6. Estimated Costs (Clean Water Act Section 212,319, and 320).
a. Construction. Equipment, Materials, Demolition and Related Procurement
4,369,400
b. Eligible Land
c. Other (explain)
d. Contingency (10% for Items a. through c. If costs are unknown, otherwise 5% for a. and c.)
218,470
e. Technical Services during Construction
764,645
f. Sum of Items a. through f.
5.352,515
g. Allowance: ((25 - natural log of costs in a) x Costs in a /100). For design build projects the
allowance is 30% of the calculated amount. [see Rule 62-503(300)(5)]
h. Total (sum of Items f. and g.)
5.352,515
-
-..
Form 62-503.900(1)
Page 2 of 6
Effective Date: 7-29-04
Request for Inclusion
Agenda Item No. 16C3
April 11, 2006
Page 33 of 50
_2. Affordability Index. The affordability index will be determined by the Department usin.g census tract information from
-...rhe most recent decennial census for the community to be served to determine the finanCing rate under Rule 62-"
503.300(9)(a), FAG.. List the census tracts for the area served and proposed to be served by the project.
Census Tracts: 101.01,101.02,101.03,101.04,102.02,102.04, 102.05,104.01,104.05,104.06,104.07,104.12,
104.13,112.01,105.02,105.04,106.01,106.02, 106.03, 106.04, 107.01, 107.02, 108.01, 108.02,
108.03, 111.01, 111.02, 105.03.
13. Project Schedule.
a. Complete the planning documentation
b. Complete the design documents (if necessary)
c. Obtain a permit or intent to issue a permit (if necessary) for construction or other activity
d. Obtain all required project sites
e. Start activity (such as construction or non-structural best management practice)
f. Complete activity (such as construction or non-structural best management practice)
(Month and Year)
03/05
12/05
12/05
11/05
03/06
04/07
14. Loan Application and Loan Execution Schedule
Completed Loan Application and Executed Loan Agreement Considerations
In situations described in Rule 62-503.430(1 )(b)., FAC., late submittals could have adverse consequences. The certification
required, under Item 3 above, from the Authorized Representative as part of this form includes the project sponsor's
commitment to meet the submittal requirements for the completed loan application and for executing a loan agreement.
~ Note the following activities associated with completing a loan application:
a. Establish pledged revenues and designate an Authorized Representative.
b. If requested, submit EPA Compliance Report (relating to service area demographics).
c. Establish project schedule.
d. Provide financial information for each source of pledged revenue as follows: Actual revenues and expenditures for the last
two fiscal years, and forecast revenues and debt coverage demonstrating the availability of pledged revenues for loan
repayment.
e. Address the availability of pledged revenues for loan repayment, and the subordination of the pledge if pledged revenues
are subject to a prior or parity lien.
f. Provide information concerning liens on the pledged revenues that have prior or parity status, Information is to be
provided for each of the last two fiscal years and estimated throughout the loan repayment period. Describe each obligation,
the amount, and repayment terms. Provide resolutions, ordinances, or other documentation recognizing the seniority or parity
of unissued debt.
(MonthIYear)
. Submit complete loan application (shall be submitted within 120 days of project listing on the
fundable list). 05/06
. Anticipated date that loan agreement will be delivered for the Department's execution (shall be
executed within 210 days of project listing on the fundable list), 08/06
15. Return completed form to the Bureau of Water Facilities Funding, 2600 Blair Storie Road, MS #3505, Tallahassee, Florida
_399-2400. Information may also be sent by FAX at (850) 245-84U.
. m 62-503.900(1)
Page 5 of 6
Effective Date: 7 -29-04
.
-
-
Project Cost Worksheet
Collier County - Reclaimed Water Aquifer Storage and Recovery ( ASR)
Total Post-allowance Prolect Costs
Construction, Equipment, Materials and Demolition
Eligible Land
Other (Contingency Eligible)
Contingency
Technical Services
Special Studies
Sum
4.369,400
o
o
218,470
764,645
o
5,352,515
Allowance
Total Project Cost
Loan Service Fee
o
5.352,515
A loan service fee is assessed on each loan. The fee is not part of the loan and is
not included in the total construction cost shown above. The actual fee assessed
will be based on the project costs established in the final amendment to your loan.
Contact the Bureau of Water Facilities Funding for further details.
Percentage 2.00%
1fr.O$G
Total
Agenda Item No. 16C3
April 11, 2006
Page 34 of 50
/
-.
It
Attachment D
Description of Debt Obligations
(
-
Agenda Item No. 16C3
April 11, 2006
Page 35 of 50
Agenda Item No. 16C3
April 11, 2006
Page 36 of 50
--
Collier County
Description of Debt Obligations
Collier County Water-Sewer District, $6,605,000, Water and Sewer Refunding Revenue Bonds,
Series 1999A;
Collier County Water-Sewer District, $22,855,000, Water and Sewer Refunding Revenue Bonds,
Series 1999B;
Collier County Water-Sewer District, $13,720,000, Water and Sewer Refunding Revenue
Bonds, Series 2003A;
Collier County Water-Sewer District, $33,630,000, Water and Sewer Refunding Revenue
Bonds, Series 2003B;
Collier County Water-Sewer District, $27,000,000, Water and Sewer Commercial Paper with a
variable rate and interest estimated at 3.25%.
Collier County Water-Sewer District, $14,547,667, State Revolving Fund Loan CS120597070,
1994;
-
Collier County Water-Sewer District, $13,292,898, State Revolving Fund Loan CS120597090,
1997;
Collier County Water-Sewer District, $22,238,677, State Revolving Fund Loan CS 1205971 00,
1998;
Collier County Water-Sewer District, $6,082,775, State Revolving Fund Loan CS 12059715P,
2001;
Collier County Water-Sewer District, $7,446,500, State Revolving Fund Loan
WWGI2059715L01,2002;
Collier County Water-Sewer District, $30,072,800, State Revolving Fund Loan
WWGI2059715L02,2003;
Collier County Water-Sewer District, $6,895,629, State Revolving Fund Loan WW59716P, 2003;
Collier County Water-Sewer District, $11,644,400, State Revolving Fund Loan
WWGI2059715L03,2004;
Collier County Water-Sewer District, $6,266,358, State Revolving Fund Loan WW59717S, 2005.
-
-
"
Attachment E
Debt Service Information
Provided upon DEP request
e-
(
.
Agenda Item No. 16C3
April 11, 2006
Page 37 of 50
Agenda Item No. 16C3
April 11, 2006
Page 38 of 50
--
Attachment F
Legal Opinion
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Agenda Item No. 16C3
April 11, 2006
D }{A~10
...
March --, 2006
Don W. Berryhill, P,E., Chief
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
M.S. #3505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Re: State Revolving Loan Fund Application; Project No. WW120597180
Collier County Reclaimed Water Aquifer Storage and Recovery (ASR)
Dear Mr. Berryhill:
I, the undersigned, am an Assistant County Attorney for Collier County, Florida, and the
Assistant County Attorney who represents the Collier County Water-Sewer District ("District").
The District proposes to borrow $5,352,515, excluding capitalized interest, from the State
Revolving Fund for the development of the Collier County Reclaimed Water Aquifer and Storage
Project. This loan is to be secured by the net operating revenues and System Development fees of the
District's water and sewer utility systems after payment of debt service. I have been advised as defined
above that sufficient revenues will be available to be pledged against repayment of this loan,
\.
The District has legal authority to increase its utility rates and charges to ensure repayment of
this loan. Sufficiency of the revenues to cover operation, maintenance and renewal and all outstanding
debts will be reviewed annually by the District.
This pledge of revenues is subject to other payment obligations issued by the District, which
obligations have superior lien position under the terms of the State Revolving Fund Construction Loan
Agreement. I am advised that the following superior payment obligations exist:
Collier County Water-Sewer District, $6,605,000, Water and Sewer Refunding Revenue Bonds, Series
1999A;
Collier County Water-Sewer District, $22,855,000, Water and Sewer Refunding Revenue Bonds,
Series 1999B;
Collier County Water-Sewer District, $13,720,000, Water and Sewer Refunding Revenue
Bonds, Series 2003A;
Collier County Water-Sewer District, $33,630,000, Water and Sewer Refunding Revenue
Bonds, Series 2003B;
Collier County Water-Sewer District, $27,000,000, Water and Sewer Commercial Paper with a
variable rate and interest estimated at 3.25%;
Collier County Water-Sewer District, $14,547,667, State Revolving Fund Loan CS 120597070, 1994;
-
Collier County Water-Sewer District, $13,292,898, State Revolving Fund Loan CS120597090, 1997;
Page 1 of2
Agenda Item No. 16C3
April ii, 2006
D~FTO
-
Collier County Water-Sewer District, $22,238,677, State Revolving Fund Loan CS120597100, 1998;
Collier County Water-Sewer District, $6,082,775, State Revolving Fund Loan CS12059715P, 2001;
Collier County Water-Sewer District, $7,446,500, State Revolving Fund Loan WWG12059715L01,
2002;
Collier County Water-Sewer District, $30,072,800, State Revolving Fund Loan WWG12059715L02,
2003;
Collier County Water-Sewer District, $6,895,629, State Revolving Fund Loan WW59716P, 2003;
Collier County Water-Sewer District, $11,644,400, State Revolving Fund Loan WWG12059715L03,
2004.
Collier County Water-Sewer District, $6,266,358, State Revolving Fund Loan WW59717S, 2005
Sincerely,
e
Thomas C. Palmer
Assistant County Attorney
Attorney for the Water-Sewer District
Cc:
Mark Brewer, Angie Brewer & Associates, L.C.
Alicia Abbott, Collier County
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Page 20f2
Agenda Item No. 16C3
April 11, 2006
Page 41 of 50
"
Attachment G
Loan Resolution
(
.
Agenda Item No. 16C3
April 11, 2006
Page l!kaft50
--
RESOLUTION NO. 2006-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM;
MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE
LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING
AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, Florida Statues provide for loans to local government agencies to finance the
planning, design, administration and construction of water pollution control facilities; and
WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to
establish pledged revenues, to designate an authorized representative; to provide assurances of
compliance with loan program requirements; and to enter into a loan agreement; and
WHEREAS, the State Revolving Fund loan priority list designates Project No.
WWl20597180 as eligible for available funding; and
WHEREAS, Collier County, Florida, intends to enter into a loan agreement with the
Department of Environmental Protection under the State Revolving Fund for project financing.
-
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AS
FOLLOWS:
SECTION 1. The foregoing findings are incorporated herein by reference and made a part hereof.
SECTION 2. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District ("District") is authorized to apply for a
construction loan to finance the Reclaimed Water Aquifer Storage and Recovery (ASR) project
74030.
SECTION 3. The revenues pledged for the repayment of the loan are the District's net operating
revenues and System Development fees.
SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby:
e
(a) Designated to be the District's authorized representative to provide assurances and
commitments required by the loan application; and
(b) Authorized to execute the loan agreement (which will become a binding obligation in
accordance with its terms when signed by both parties); and
(c) Authorized to represent the District in carrying out its responsibilities under the loan
agreement; and is
(d) Authorized to delegate responsibility to appropriate staff to carryout technical, financial, and
administrative activities associated with the loan agreement.
.-
Agenda Item No. 16C3
April 11 , 2..006
Pa gEDl3aft 50
--
SECTION 5. The legal authority for the District borrowing moneys to construct this Project is Florida
Statutes.
SECTION 6. Conflicts. All Resolutions or part of Resolutions in conflict with any of the provisions
of this Resolution are hereby repealed to the extent of such conflicts.
SECTION 7. Severability. If any Section or portion of a Section of this Resolution proves to be
invalid, unlawful, or unconstitutional, the same shall not invalidate or impair the validity, force or
effect of any other Section or part of this Resolution.
SECTION 8. Effective Date. This Resolution shall become effective immediately upon its adoption.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of , 2006.
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
EX.OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-
SEWER DISTRICT
ATTEST:
BY
l.
Deputy Clerk
BY
CHAIRMAN
Approved as to form and legal sufficiency:
Thomas Palmer,
Assistant County Attorney
tIl
Agenda Item No. 16C3
April 11, 2006
Page 45 of 50
COLLIER COUNTY. FLORIDA
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS
PROPRIETARY FUNDS
- FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2003
Business-type Activities
Enterprise Funds Governmental
Activities -
Emergency Inlc:ma1
County Water Solid Wastc: Medical Other Service:
and Sewer DislXlsal Services Funds Total Funds
Operating revenues:
Charges for service:s S 58,642.345 20,698,126 7,911,816 1,892,681 89,144,968 39.115,780
Total operating rc:venues 58,642,345 20,698,126 7,911,816 1,892,681 89,144,968 39,115,780
Operating eltpenscs:
Personal services 15,336,964 1,242,406 11,925,375 812,617 29,317,362 1,961,252
Opc:rating 19,883,285 18,533,196 4,986,665 1,604,386 45.007,532 36,746,933
Depreciation and amortization 14,212,374 542,325 737,635 814,267 16,306,60 1 1,459,347
Total operating expenses 49,432,623 20,317 ,927 17,649,675 3,231 ,270 90,631,495 40,167,532
Operating income (loss) 9,209,722 380,199 (9,737 ,859) (1,338,589) (1,486,527) (1,051,752)
Non-operating revenues (eltpenscs):
Opc:ntting gntnts and contnDutions 59,566 59,566
Interest income 3,847,191 180,599 8,949 20,002 4,056,741 45,162
IntereSt expense (6,260,261) (469) (9,218) (121,818) (6,391,766) (1,128)
Misc:c:Uaneous revenue: 624,572 65,046 20,155 6,233 716,006 (1,190)
Miscellaneous expense (7,076) (2,25 I) (109,742) (119,069)
Gain (loss) on disposal of capital assets (1,189,422) 4,806 (434,843) (1,295) ..Q,620,754) 10,968
Total non-opc:rating revenues (expenses) (2,984,996) 307 ,297 (414,957) (206,620) (3,299,276) 53,812
'--' Income (loss) before contributions and transfers 6,224,726 687,496 (10,152,816) (1,545,209) (4,785,803) (997 ,940)
Capital grants and contributions 24,646,325 278,574 1,400,143 26,325,042 22,015
Transfers in 97,280 33,562 8,286,700 1,067,168 9,484,710 2,838,600
T ransfen; out (1,919,524) (491,501) (412,200) (121,500) (2,944,725) (2,171,332)
Change in net assets 29,048,807 229,557 (1,999,742) 800,602 28,079,224 (308,657)
Net assets - beginning 498,840,204 26,944,738 4,371,845 ..,';::lJX)I'tiN:r 9,837,991
Net assets - ending S 527,889,011 27 ,174,295 2,372,103 Jt:s::::r:1J1IJlJ' 9,529,334
Consolidation adjustment for indirectliClYicc:s charged to the cnlc:rprise funds. 1,634,600
Cumulative: COIl$Olidation IIdjust:ment for inlc:ma1 service: fund activities relatc:d to enlc:rprise funds. (202,724)
Change in net assets ofbusinc:ss-typc activities S 29,511,100
The nolc:s to the flllll.ltCial statements arc: an intcgIal part of this stalc:meot.
."
Agenda Item No. 16C3
April 11, 2006
Page 46 of 50
-
COLLIER COUNTY, FWRlDA
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS
PROPRIETARY FUNDS
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004
Business-type Activities
Enterprise Funds Governmental
Activities -
County Water Other Internal Setvice
and Sewer Funds Total Funds
Operating revenues:
Charges for services S 64,725,897 35,145,268 99,871,165 49,766,150
Miscellaneous 206,379 148,348 354,727 428,904
Total operating revenues 64,932,276 35,293,616 100,225,892 50,195,054
Operating expenses:
Peoonal services 17,463,371 15,241,944 32,705,315 2,169,374
Operating 21,710.704 28.969.370 50.680,074 42,579,789
Depreciation and amortization 17.663,580 2.033,158 19,696,738 186,363
Total operating expenses 56,837,655 46.244,472 103,082,127 44,935,526
Operating income (loss) 8.094.621 (10.950.856) (2,856.235) 5,259,528
Non-operating revenues (expenses):
Operating grants and contributions 31,091 31,091
Interest income 4.095,329 252,979 4,348,308 70,102
Net decrease in fair Value of investments (1,032,210) (385,090) (1,417,300) (272,116)
Interest expense (4,247,802) (121,482) (4,369,284) (23)
- Gain (loss) on disposal of capital assets 78,598 (148,742) (70,144) (4,305,462)
Total non-operating revenues (expenses) ( 1,106.085) (371,244) (1,477.329) (4.507,499) ./:
I
Income (loss) before contributions and transfers 6,988,536 (I 1,322.100) (4,333,564) 752,029
Capital grants and contributions 29,540,853 2,499,073 32,039,926 458,910
Transfe~ in 147,049 8.989,818 9,136,867
Transfe~ out (1,073,157) (534,705) (I,607,862)
Change in net assets 35,603,281 (367,914) 35,235,367 1,210,939
Net assets - beginning 527,889,011 44,906,975 9,529,334
Net assets - ending S 563,492,292 44,539,061 10,740,273
Cumulative consolidation adjustment for internal service fund activities related 10 enterprise fund! 1,365,805
Change in net assets of Business-type Activities S 36,601,172
The notes to the fanancial statements are an integral part orthis statement.
-
........
26
.on 6
I Jtn[Jie 1Jrewer & .J\ssociates, L.C. ..~~L.50
't-~ .ABA '.zc
Estimated SRF Amortization Schedule
C,tpi(allmpm'i.'Pfnf'l1( Fbumcio/ ,r.;,,~cifJIi.f.t!;i
Enter Veluee Loan Summary
Loan Amount $ 5,536.272.19 Scheduled Payment $ 181.868.08
Annual Interest Rate 2.81 % Scheduled Number 01 Payments 40
Loan Period in Years 20 AmualNumberolPaymen~ 40
Number of Payments Per Year 2 Total Early Payments $ -
Slart Date 01 Loan 4/1/2007 T olall nterest $ 1,738,451.09
ODtional Extra pavments Annualized Payment $ 363,736.16
Annualized Payment including coverage $ 436,483.40
Lender Name:IFDEP I
Pmt Payment Beginning Scheduled Extra Total ending
No. Date Balance Payment Payment Payment Principal lnternt Balance
1 1 0/1/2007 $ 5,536.272.19 $ 181.868.08 $ 181.868.08 $ 104,083.46 $ n,784.62 $ 5,432,188.73
2 4/1/2008 5,432,188.73 181,868.08 - 181 ,868.08 105,545.83 76.322.25 5,326,642.90
3 10/1/2008 6,326,642.90 181,888.08 - 181 ,868.08 107,028.75 74.839.33 5,219.614.16
4 4/1/2009 5.219,614.16 181,888.08 - 181,868.08 108,532.50 73.335.58 5.111,081.65
5 10/1/2009 5,111,081.65 181,868.08 - 181,868.08 110,057.38 71,810.70 5,001,024.27
6 4/112010 5,001,024.27 181.868.08 - 181,868.08 111,603.69 70,264.39 4,889,420.58
7 1011/2010 4,889.420.58 181,868.08 - 181,868.08 113,171.72 68,696.36 4,n6,248.85
8 4/1/2011 4,n6.248.85 181,868.08 181,868.08 114,761.79 67,106.30 4.661,487.07
9 10/1/2011 4,661.487.07 181.868.08 181 ,868.08 116,374.19 65,493.89 4.545.112.68
10 4/1/2012 4,545.112.88 181,868.08 181,868.08 118,009.25 63.858.84 4,427,103.63
11 1011/2012 4,427,103.63 181,868.08 - 181,868.08 119,667.28 62,200.81 4,307.436.36
12 4/1/2013 4,307,436.36 181,868.08 - 181,868.08 121,348.60 60,519.48 4,186,087.76
13 10/1/2013 4,186.087.76 181,868.08 - 181,868.08 123.053.55 58,814.53 4,063.034.21
14 4/112014 4,063,034.21 181,868.08 181,868.08 124.782.45 57.085.63 3,938,251.75
15 10/1/2014 3.938,251.75 181,868.08 181,868.08 126,535.64 55,332.44 3,811,716.11
16 4/1/2015 3.811.716.11 181,868.08 181 ,868.08 128,313.47 53.554.61 3,683,402.64
17 10/1/2015 3.683,402.64 181,868.08 - 181,868.08 130,116.27 51,751.81 3.553.286.36
18 4/112016 3.553,286.36 181.868.08 . 181,868.08 131,944.41 49,923.67 3,421,341.96
19 10/1/2016 3,421,341.96 181.868.08 - 181,868.08 133.798.23 48,069.85 3.287.543.73
20 4/112017 3.287.543.73 181.868.08 181,868.08 135,678.09 46,189.99 3,151,865.64
21 1 0/1/2017 3,151.865.64 181,868.08 181,868.08 137.584.37 44.283.71 3,014,281.27
22 4/1/2018 3,014,281.27 181.868.08 - 181 ,868.08 139.517.43 42.350.65 2,874,763.84
23 10/1/2018 2.874.763.84 181,868.08 . 181 ,868.08 141,4n.65 40.390.43 2,733,286.19
24 4/1/2019 .2.733,286.19 181.868.08 - 181,868.08 143,465.41 38,402.67 2,589.820.n
25 1011/2019 2,589,82O.n 181,868.08 - 181.868.08 145,481.10 36,386.98 2,444,339.67
26 4/1/2020 2,444.339.67 181.868.08 181,868.08 147,525.11 34,342.97 2.296.814.56
27 10/1/2020 2.296,814.56 181.868.08 181.868.08 149,597.84 32.270.24 2,147,216.73
28 4/1/2021 2,147.216.73 181,868.08 - 181,868.08 151,699.69 30,168.40 1,995.517.04
29 1 0/1/2021 1.995,517.04 181.868.08 . 181,868.08 153,831.07 28.037.01 1.841.685.97
30 4/112022 1.841.685.97 181,868.08 - 181,868.08 155.992.39 25,875.69 1,685,693.58
31 1011/2022 1,685,693.58 181.868.08 181,868.08 158,184.09 23,683.99 1,527.509.49
32 4/1/2023 1,527,509.49 181.868.08 181,868.08 160,406.57 21,461.51 1,367.102.92
33 10/112023 1,367,102.92 181,868.08 181,868.08 162.660.29 19.207.80 1,204.442.63
34 4/1/2024 1.204,442.63 181,868.08 181,868.08 164,945.66 16.922.42 1.039,496.97
35 1 0/1/2024 1,039,496.97 181,868.08 181,868.08 167.263.15 14,604.93 872,233.82
36 4/112025 872,233.82 181,868.08 - 181,868.08 169,613.20 12.254.89 702,620.62
37 1011/2025 702,820.62 181,868.08 - 181.868.08 171,996.26 9.871.82 530,624.36
38 4/112026 530,624.36 181.868.08 - 181,868.08 174,412.81 7,455.27 356,211.55
39 10/1/2026 356,211.55 181.868.08 - 181,868.08 176,683.31 5,004.n 179.346.24
-
l
40
4/1/2027
179,348.24
,.
181.868.08
179.348.24
176,828.40
Agenda Item No. 16C3
A .111 200
2.519.64
0..00 .
Agenda Item No. 16C3
April 11, 2006
Page 48 of 50
-
'--/
Attachment I
Affordability Index
e
.
.-.
"
(
-
USER INTERFACE - Affordability Calculati~nnda 1~;i1~~'.1~~~
( . 3454 I 0 0 I t t 0 2855 rty 0 :f~ 49 of 50
wei hts: Income -- O. ; saes tax-- , ; unemp oymen ra e ,-- ; pove rate --
;;';j,;:l)!'<'~"l>'';"- ,..
,
",,:,;,..,'.. .'.j
';i";:i:: ;-f,:i~:..',..:.. ,; .:,:;",:.'\~
Cou ty ~.:::;..;. Index
n .
Number Number.!!' . Number PODulation - . ~ Countv ,
1 21 :~11,1_ 96.98 5,887 1 Allchua 69 Lake
2 21 ~. 11'1. 109.75 4,213 3 Baker 71 Lee
3 21 -- 118,21 7,230 5 Bav 73 Leon
4 0.00 0 7 Bradford 75 ILew
5 0.00 0 9 Brevard n UbertY
6 0.00 0 11 Broward 79 Madison
7 0,00 0 13 Calhoun 81 Manatee
8 0,00 0 15 Olartotte 83 Marion
9 0,00 0 17 ctrus 85 Martin
10 . 0.00 0 19 Clay 86 Miami-Dade
11 0.00 0 21 CoIfier 87 Monroe
12 0.00 0 23 CoJumbla 89 Nassau
13 0.00 0 27 De 50tD 91 Okaloosa
14 0.00 0 29 DIxie 93 Okeechobee
15 0.00 0 31 DuvaJ 95 Orance
16 . 0.00 0 S3 &cambia 97 Osceola
17 0.00 0 35 ~ 99 Palm Beach
18 . 0.00 0 37 Franklin 101 Pasco
19 -- 0.00 0 39 Gadsden 103 Plnellas
20 0.00 0 41 GIlchrist 105 Polk
21 0.00 0 43 Glades 107 Putnam
22 . . :: 0.00 0 45 Gulf 109 St. Johns
23 ",'." 0.00 0 47 Hamilton 111 St. Lucie
: '..
24 . ., 0.00 0 49 Hardee 113 Santa Rosa
25 . 0.00 0 51 115 Sarasota
Summary 53 Hernando 117 Seminole
55 Hlahlands 119 Sumter
, ' _l ,:'.,' H h 121 Suwannee
,r; 57
..
Index 59 Holmes 123 TaYlor
Number Po ulation 61 IndIan River 125 Union
Summary 1 63 Jackson 127 VoIusia
Summary 2 65 129 Wakulla
Summary 3 67 131 Walton
Summary 4 133 W
--
-
USER INTERFACE - Affordability Calculati6nenda 1~;;il~~..1~~~
o
-
(wei hts: income -- 0.3454; sales tax -- 0.0; unemployment rate -- 0.2855; poverty rate -- O. 50 of 5
- --~ ,- ,.' . - - , ..;<.' .~.. ,~-~ ':.c,'
~-:;i
'.., ...:;.
.:; ......:.. <: ..
,.....
County ~ Index
Number Number "c' Number PODulation II - II
1 21 111.01 96.98 5,887 1 Nachua 69 lake
2 21 111.02 109.75 4,213 3 Baker 71 Lee
3 21 15.03 118.21 7,230 5 IBav 13 Leon
4 0.00 0 7 BnKIford 75 lew
5 0.00 0 9 IhYard n .Jbertv
6 0.00 0 11 Broward 79 Madson
7 0.00 0 13 Calhoun 81 Manatee
8 0.00 0 15 Olarlotte 83 Marlon
9 . 0.00 0 17 CItrus 85 Martin
10 0.00 0 19 Qav 86 MJami-Dade
11 . 0.00 0 21 Collier 87 Monroe
12 0.00 0 23 CoUnbia 89 Nassau
13 0.00 0 27 De Sotn 91 Obloosa
14 0.00 0 29 IDbde 93 Okeechobee
15 0.00 0 31 ~lID 95 uranae
16 0.00 0 33 ~bia 97 Osceota
17 0.00 0 35 99 Pafm Beach
18 0.00 0 ~ FranIdin 101 Pasco
19 0.00 0 39 G8dsden 103 PinelIas
20 0.00 0 41 . 105 PoUt
21 0.00 0 43 Glades 107 Putnam
22 0.00 0 45 Guff 109 St. Johns
23 0.00 0 47 HamiItDn 111 St. Lucie
24 0.00 0 49 ~ 113 Santa Rosa
25 0.00 0 51 Hendry 115 Sarasota
Summarv 53 Hernando 117 Seminole
55 r.. 119 Sumter
- ,- ~ --, :; .u. J,!, '..- 'i"i~ .~ :,:, 57 121 Suwannee
.. '~i!!; . .~ : ~., , . .
Index 59 Holmes 123 TavJor
Number Po ulation 61 Indian River 125 UnIon
Summary 1 63 Jackson 127 VoIusIa
Summary 2 65 Jefferson 129 Wakulla
Summary 3 67 !I 131 Walton
Summary 4 133 W
Agenda Item No. 16C4
April 11, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to transfer funds in the amount of $275,000
from the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies to
cover unanticipated operating expenses in the Irrigation Quality (Reuse) Cost Center.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of Collier
County Water-Sewer District approve a budget amendment that will allow funds to be transferred from
Reserve for Contingencies in the amount of $275,000 to cover unanticipated operating expenses incurred
by the Irrigation Quality (Reuse) Cost Center.
CONSIDERATIONS: The Irrigation Quality (Reuse) Cost Center requires additional funds to cover
operating expenses for the remainder of fiscal year 2006. The request for additional funding is due to a
series of unanticipated system failures within the irrigation water distribution grid that have resulted in the
expenditure of funds in order to restore service and complete site repairs. The FY06 budget for
emergency maintenance and repair is $41,500 and expenditures have exceeded this budget in the first
three months of this fiscal year. The expenditures to date for this area total $98,000. With an aging
system in place, additional funds in the amount of $157,000 are being requested to provide for current and
anticipated emergency maintenance and repairs for the remainder of the fiscal year. It is not unusual for a
single line repair and site restoration to cost $32,000 or more. A recent 16" reclaimed water main repair,
generator repair, recent pump failures, and booster pump station repairs, along with two previous
irrigation quality water main repairs along Davis Boulevard have prompted the request for additional cost
center funding for repairs and site restoration for the purpose of maintaining system integrity and
reliability.
The FY06 budget for Other Contractual Services is $57,000 of which approximately $35,600 has been
expended for contractual services with another $35,000 committed. Variable frequency drive failures,
electrical problems and other repairs make it necessary to request an additional $63,000 for contractual
services, The FY06 budget for Utilities Parts and Utilities Repair are $8500 and $25,000 respectively.
An additional $40,000 is being requested for replacement parts with an additional $15,000 for repairs.
Over 81% of the FY06 budget for Utilities Parts has been expended or committed with more than 65% of
the FY06 budget for Utilities Repair dedicated to repairs during the first quarter of this fiscal year.
Additional funding is necessary for utilities parts and repair to maintain system reliability and pumping
capacity.
Cost Object Code Expenditures Additional Total FY06 Anticipated
YTD* Forecasted Anticipated Budget Shortfall
Expenditures Expenditures*
Emeraencv Maint. & Reoair $98,000 $100,500 $198,500 $41,500 $157,000
Other Contractual Services $70 400 $49,600 $120,000 $57,000 $63 000
Utilities Parts $6 800 $41 700 $48,500 $8,500 $40,000
Utilities Reoair $16,200 $23,800 $40,000 $25,000 $15,000
Total $191 400 $215600 $407 000 $132000 $275 000
*Includes committed
resources
Agenda Item No. 16C4
April 11, 2006
Page 2 of 3
FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $275,000 from
the County Water-Sewer Operating Fund (408) Reserve for Contingencies to cover unanticipated
operating services expenditures incurred by the Irrigation Quality (Reuse) cost center.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with the
approval ofthis Executive Summary.
RECOMMENDATION: It is recommended that the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment
for the transfer offunds from Reserve for Contingencies.
PREPARED BY: Marisa Garcia, Irrigation Quality Manager
Agenda Item No. 16C4
April 11, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C4
Recommendation to approve a budget amendment to transfer funds in the amount of
$275,000 from the Collier County Water-Sewer District Operating Fund (408) Reserve for
Contingencies to cover unanticipated operating expenses in the Irrigation Quality (Reuse)
Cost Center.
Meeting Date:
4/11/20069:00:00 AM
Prepared By
Marisa Garcia
Operations Analyst
Date
Public Utilities
WasteWater
2/24/20066:37:16 PM
Approved By
Pamela Libby
Water Operations Manager
Date
Public Utilities
Water
2/28/20064:59 PM
Approved By
G. George Yihnaz
Interim WasteWater Director
Date
Public Utilities
WasteWater
3/15/20065:29 PM
Approved By
Marisa Garcia
Operations Analyst
Date
Public Utilities
WasteWater
3/15/20065:53 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
3/28/2006 5:05 PM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
3/30/20062:12 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30/2006 3:55 PM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/30/2006 4:05 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/31/200611:07 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/31/200611:46 AM
Agenda Item No. 16D1
April 11, 2006
Page 1 of 6
.-
EXECUTIVE SUMMARY
Recommendation to approve a Tourist Development Council Category A
Grant Application in the amount of $79,848 and a Work Order to The Chris-
Tel Company for $57,848 for boardwalk repairs at Tigertail Beach
Objective: To keep public beach parks in safe and attractive working condition.
Considerations: The dune crossover boardwalks at Tigertail Beach are in need of
repair. The Parks and Recreation Department has prepared a Tourist Development
Council Category A grant application requesting funding for this project. The Parks and
Recreation Advisory Board approved this application at its regular meeting of December
2005, The Tourist Development Council approved this grant application at its regular
meeting in January 2006, The original amount of the request was "not to exceed
193,700." The subsequent receipt of lower bids has allowed the Parks and Recreation
Department to lower the amount ofthe request.
The Parks and Recreation Department has solicited bids for the work. The bids received
are as follows:
,"'--'
The Chris-Tel Company
Made in Rio
Professional Building Systems
Wm,], Varian Construction
$ 57,848
62,064
159,800
171,650
The Parks and Recreation Department recommends that the repairs at Tigertail Beach
Boardwalk be awarded to The Chris-Tel Company.
Fiscallmoact: The Department is requesting the following funds:
Permitting
Work Order to Chris-Tel
Contingency
TOTAL
$ 2,000
$57,848
$20.000
$79,848
Funds are available in the Tourist Development Council Fund 183.
Growth Manaaement Imoact: Tigertail Beach is inventoried in the Growth
Management Plan.
Recommendation: That the Board of County Commissioners approves a Tourist
Development Council Category A grant application for $79,848 for repairs to the
boardwalks at Tigertail Beach and authorizes the chairman to sign a Work Order to The
Chris-Tel Company subsequent to County Attorney reviews and approval.
.r-' Preoared bv: Amanda Townsend, Operations Analyst, Parks and Recreation
Agenda Item No. 16D1
April 11, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16D1
Recommendation to approve a Tourist Development Council Category A Grant Application in
the amount of $79,848 and a Work Order to The Chris-Tel Company for $57,848 for
boardwalk repairs at Tigertail Beach.
4/11/20069:00:00 AM
Item Number:
Item Summary:
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
3/29/200610:55 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
3/29[2006 2:59 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3129[20064:04 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4[3[200610:45 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4[3[2006 2:06 PM
,-.-
Agenda Item No. 16D1
April 11, 2006
Page 3 of 6
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY "A" GRANT APPLICATION
Beach Renourishment and Pass Maintenance
TIGERTIAL BOARDWALK REPAIRS
1. Name and Address of Project Sponsor Organization:
Collier County Parks and Recreation Department
2. Contact Person, Title and Phone Number:
Name: Murdo Smith, Beach and Water Manager
Address: 3300 Santa Barbara Blvd.
City Naples ST. FL.
Phone: 239-353-0404
Other:
3. Organization's Chief Official and Title:
Fred Coyle, Chairman Collier County Board of County Commissioners
ZIP 34103
FAX: 239-353-1002
4. Details of Project- Description and Location:
Remove and replace board walk and posts on the boardwalks at Tigertial Beach
as they have been damaged by termites and are in need of repair.
5. Estimated project start date: March 2006
6. Estimated project duration: 4 months
7. Total TDC Tax Funds Requested: Not to exceed $193,700
8. If the full amount requested cannot be awarded, can the program/project
be restructured to accommodate a smaller award?
Yes ( )
No (X )
j,.'~. "'i
Collier County Tourist Development Council
Category "A" Grant Application Page 2
Tigertail Boardwalk Repairs
(Project Title)
PROJECT BUDGET
PROGRAM ELEMENT
AMOUNT
TDC Funds Requested
Cityffaxing District Share
State of Florida Share
Federal Share
$ 193,700
$
$
$
TOTAL
$ 193,700
PROJECT EXPENSES:
(Engineering, Mobilization, Contractor, Monitoring etc)
Repairs and Replacement
Permits
Contingency
$ 171,700
$ 2,000
$ 20,000
$
$
Agenda Item No. 1601
April ii, 2006
Page 4 of 6
TOTAL
Not to exceed
$ 193,700
I have read the Tourist Development Category "A" Beach Funding Policy covering
beach renourish t and pass maintenance and agree that my organization will
co y wit al 'elines and criteria.
,If
-",
.I
rganization's Chief Official
o v,&>~
Dae
EXHIBIT A
Agenda Item No. 1601
April 11, 2006
Page 5 of 6
TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY
(Approved by Board of County Commissioners 1 I - I -05)
I. Use of TDC Category "A" funds. To finance beach park facilities or beach improvement,
maintenance, renourishment, restoration and erosion control, including pass and inlet
maintenance, shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers
to which there is public access, as these relate to the physical preservation of the beach, shoreline
or inland lake or river. (Code of Ordinances, Division 3. Sec. 126-83.)
2. Source of other funds. Federal or State funds are desirable and should be diligently pursued.
3. Mandatory annual budget allocation of funds and maintenance of reserves.
a. Catastrophe reserves shall be accumulated in the budget with $IM in 2004 plus
$0.5M per year thereafter (up to a maximum of $1 OM). In the event of a catastrophe
requiring the expenditure of all or part of these reserves, $0.5M will continue to be set
aside.
b. Major renourishment reserves shall be accumulated in the budget with $2M per year
after the completion of the major renourishment project currently in planning and
permitting (as of September 2005; projected to start setting aside funds in FY 2007).
c. Beach park facilities (including beach access property acquisition) shall be funded
annually in an amount equal to one-third ofthe IDC Category "A" revenues.
d. Remaining funds may be used for eligible grant applications as outlined in the policy
below.
4. Eligibility. Eligible beach areas qualify for Category "A" funding. An "eligible beach area" is:
a. Accessible to the public; and
b, No more than one-half mile from a public beach park facility, public access point,
hotel or motel and if at least 80% of a beach area is classified as eligible, otherwise ineligible
gaps will be deemed eligible.
5. Ineligible beach areas:
a. Beach areas not meeting the criteria for eligibility of paragraph 4. above, are
not eligible for Category "A" funding. Renourishment or maintenance of these
beach areas are the responsibility of adjacent property owners.
b. An area of an ineligible beach that is subject to high erosion, with the
recommendation of the Coastal Advisory Committee and determination by the
Board of County Commissioners as being in the public interest, may have
erosion control structures installed, with Category "A" funding.
Exhibit A
Agenda Item No. 1601
April 11, 2006
Page 6 of 6
6. Inlet Sand Bypassing. The bypassing of sand across inlets may be funded by Tourist
Development Tax Category "A" funding provided the Inlet Management Plan recommends the
bypassing, the dredging of the pass or inlet is recommended by the Coastal Advisory Committee,
meets the inlet funding policy criteria and is approved by the Board of County Commissioners as
being in the in the public interest. No TDC Category "A" funding will be approved for dredging
non-beach compatible material except when encountered during an approved realignment or
modification to an existing approved pass/inlet dredging project and then only when
recommended by the Coastal Advisory Committee, Tourist Development Council and approved
by the Board of County Commissioners as being in the public interest.
7, Shore protection structures and project sponsorship. Projects, including construction and
maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by
Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with
an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private
interests, taxing districts, municipalities or County Departments other than those funded with
Tourist Development Taxes).
8. Grant Apolication Review, The Coastal Advisory Committee and the Parks and Recreation
Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the
use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed
plans will be submitted to the Board of County Commissioners (BCe) for their consideration and
approval, via the TDC. These submissions will coincide with the annual Collier County budget
cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax
Category "A" funds, with the exception of County maintained beach park facilities that will be
handled by the Parks and Recreation Advisory Board. Both advisory boards will make
recommendations for approval, denial or modification to the BCC, via the TDC, consistent with
the BCC established policy for use ofthese funds.r
Exhibit A
Agenda Item No. 16D2
April 11, 2006
Page 1 of 2
--
EXECUTIVE SUMMARY
Recommendation to approve an extension to the grace period for the
residency requirement for the Community Center Supervisor at Golden
Gate Community Center
Obiective: To staff the Golden Gate Community Center with a well-qualified supervisor
who will best serve the interests of Golden Gate City residents.
Considerations: The Rules and Guidelines of the Golden Gate Community Center
were developed by the Golden Gate Community Center Advisory Board in 1986 and
approved by the BCC on December 16, 1986. These rules stipulate that the Community
Center Supervisor must be a resident of the MSTD District or become a resident within
six months of his or her date of hire.
Ellen Barkin was selected for the position of Golden Gate Community Center Supervisor
on November 15, 2005. Ms. Barkin is actively seeking residency within the MSTD but
has been unable to secure such to date. The Gate Community Center Advisory Board
approved her request for a two-and-a-half-month extension to the grace period for the
residency requirement at their March 6, 2006 meeting. Ms. Barkin's new deadline for
meeting the residency requirement for this position will be August I, 2006.
,--
Fiscal Imoact: No Fiscal Impact is associated with this action.
Growth Manaaement Imoact: No Growth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners approves a two-and-a-
half-month extension to the grace period for the residency requirement for the
Community Center Supervisor at Golden Gate Community Center.
Preoared bv: Amanda O. Townsend, Operations Analyst, Parks and Recreation
Department
r-
Agenda Item No. 1602
April 11, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D2
Meeting Date:
Recommendation to approve an extension to the grace period for the residency requirement
for the Community Center Supervisor at Golden Gate Community Center.
4/11/20069:00:00 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 3/28/200612:13 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 3/29/20063:13 PM
Approved By
OMS Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 3/29/20064:13 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 3/29/2006 6:35 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 3/31/200612:39 PM
Agenda Item No. 16D3
April 11, 2006
Page 1 of 4
.-
EXECUTIVE SUMMARY
Recommendation to recognize additional revenue in the amount of $1,500 and approve a
budget amendment to increase the Client Assistance budget.
OBJECTIVE: The execution of this budget amendment is necessary to recognize additional
revenue from a legal settlement from a former client of the Social Services program.
CONSIDERATIONS: The Human Services Department, Social Services program assists
Collier County residents who are 100% or below the Federal Poverty Guideline with medical care
and prescription costs. A former Social Services client has received a legal settlement and
through her attorney, has reimbursed the Human Services Department a portion of the funds that
have been spent for medical care. The total amount of services provided for the client was
$4,446. The amount reimbursed to the County is $1,500. The County Attorney's office has
recommend that we accept the payment and consider the matter closed.
GROWTH MANAGEMENT: There IS no growth management impact from this
recommendation.
FISCAL IMPACT: FY 2005-06 budget in Client Assistance (001-155930) will increase by
$1,500.
",..-.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the budget amendment to recognize the additional revenue.
Prepared by: Terri Daniels, Grant Supervisor, Human Services Department
.---
Agenda Item No. 1603
April 11 , 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D3
Recommendation to recognize additional revenue in the amount of $1 ,500 and approve a
budget amendment to increase the Client Assistance budget.
Meeting Date:
4/11/20069:00:00 AM
Prepared By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Human Services
2/28/200612:28:46 PM
Approved By
Barry Williams
Human Services Director
Date
Public Services
Human Services
3/28/20061:20 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
3/29/20063:18 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/29/20064:01 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/30/2006 11 :01 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/30/20067:44 PM
SINCIAIR LAw OFFICES
Agenda Item No. 16D3
April 11. 2006
Page 3 of 4
2164 Reserve Park Trace
Port St. Lucie, Florida 34986
Kip@SinclairLawOffices.com
Charles 'Kip' Sinclair
Michael Barzyk
Trial Attorneys
(772) 489.3600
Fax: (772) 489-3636
Toll Free: (877) 266-4298
November 28, 2005
Barry Williams
Director Collier County Social Services
3301 East Tamiami Trail
Health & Community Services Building
Naples, Florida 34112
RE: O'Brien v. Firment, et al.
Our File No.: 03-257
DEe 2
Dear Mr. Williams:
Pursuant to our recent telephone conversation, this is to inform y ou that we have
achieved a limited settlement with one of the defendants in the above-referenced
matter. Pursuant to your predecessor's February 15, 2001 letter asserting a lien in this
matter, we are enclosing a check for $500 as partial payment toward this lien.
The initial settlement was in the amount of $10,000 and after attorney's fees and partial
cost reimbursement, the amount due to the Plaintiff is only $2,500. Your lien is $4,446,
and Kansas Medicaid has an additional lien in the amount of $28,554.
I would ask that you consider this amount as a partial payment toward your lien, and we
will contact you again when we reach a setttement with the other Defendants.
Thank you for your help in this matter.
v..er-,trUIY yours,
C_ ~\/cC3 .
~
Charles H. Sinclair.
CHS/peh .
enclosure
cc: Ms. Tammy O'Brien
MEDICAL MA.u>RACTICE · NURSING HOME ABUSE · WRONGFUL DEAm
Agenda Item No. 16D3
April 11, 2006
Page 4 of 4
SINCLAIR LAw OFFICES
2164 Reserve Park Trace
Port St. Lucie, Florida 34986
Kip@SinclairLawOfficell.com
Charles 'Kip' Sinclair
Michael Barzyk
Trial Attorneys
(772) 489-3600
Fax: (772) 489-3636
Toll Free: (877) 266-4298
February 6, 2006
02-0S-(r' '~:16 RCVD
Barry Williams
Director Collier County Social Services
3301 East Tamiami Trail
Health & Community Services Building
Naples, Florida 34112
RE: O'Brien v. Firment, et. al.
Our File No.: 03-257
Dear Mr. Williams:
Enclosed is our trust account check number 2360 in the amount of $1,000 representing
full and final satisfaction of the above captioned lien. Could you please forward to me
a satisfaction of lien at your earliest convenience.
Thank you for your help in this matter.
Very truly yours,
.-':~.:..:I~-------
CHS/peh
enclosure
cc: Ms. Tammy O'Brien
'I .
. .'.. t.... .
-::.-';'
MEDICAL MALPRACTICE · NURSING HOME ABUSE · WRONGFUL DEATIf
Agenda Item No. 16D4
April 11, 2006
Page 1 of 3
,-
EXECUTIVE SUMMARY
Recommendation to accept donated funds in the amount of $2,000.00 and
approve a budget amendment recognizing revenue and appropriating
funds for Golden Gate Community Center
Obiective: To enhance recreation programs through private contributions.
Considerations: The Cool Cruisers of Southwest Florida volunteer group of Golden
Gate Community has donated $2,000.00 over the budgeted amount of $5,000.00 for
enhancement of recreation programming, specifically band shell events, summer camp,
After School Adventures, and the Li'\ Gators program.
Staff has prepared a budget amendment that recognizes the amount in revenue and
appropriates it to Golden Gate Community Center fund center within the Parks and
Recreation budget.
Fiscal Imoact: Approving this budget amendment will increase the Parks and
Recreation Department Golden Gate Community Center FY06 budget by $2,000.00.
,'--
Growth Manaaement Imoact: No growth management impact is associated with this
action.
Recommendation: That the Collier County Board of County Commissioners accepts
the donated funds and approves the necessary budget amendment.
Preoared bv: Amanda O. Townsend, Operations Analyst, Parks and Recreation
Department
r-
Agenda Item No. 1604
April 11, 2006
Page 2 of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1604
Recommendation to accept donated funds in the amount of $2,000.00 and approve a budget
amendment recognizing revenue and appropriating funds for Golden Gate Community
Center.
Meeting Date:
4/11/2006 9:00:00 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
3/28/2006 12: 11 PM
Approved By
Barry Williams
Human Services Director
Date
Public Services
Human Services
3/30/2006 1 :58 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30/20064:04 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/30/20064:14 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/30/20067:27 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/30/2006 7:58 PM
Cool Cruisers of Southwest Florida
P.O. Box 9290
Naples FL 34101-9290
l'rc$jdcnt Joe Silva 239-353-5127 Vice President: Linda Nolan 239-455-2175
Ellen Barkin
Golden Gate Community Center
470 I Golden Gate Phvy.
Naples F1. 34] 16
Dear Ellen:
Please distribute the Cool Cruisers Car Club recent donation of $7,000 as follows:
Band Shell Events: $3,000
Summer Camp: $2,000
After School: $1,000
Li'l Gators: $1,000
Thanks for all of the help you have given us!
Sincerely,
,//
Joe Silva
Agenda Item No. 16D4
April 11, 2006
Page 3 of 3
27 March 2006
Agenda Item No. 16E1
April 11, 2006
Page 1 of 21
,-.,
EXECUTIVE SUMMARY
Report to the Board of County Commissioners concerning the sale and transfer of items
associated with the County surplus auction of March 11, 2006, resulting in $561,757.90 in
gross revenues.
OBJECTIVE: To present the results of the recent Collier County surplus property auction to the
Board of County Commissioners for ratification; and submit a follow-up report to the Board
regarding the donation of surplus County assets, approved by the Board on February 28, 2006,
to the City of Everglades and the Collier County School District.
CONSIDERATION: On February 14, 2006, the Board of County Commissioners authorized
staff to conduct an auction of specified County-owned assets for the purpose of disposing of
these items and generating revenues for the County.
The March 11, 2006 auction generated $561,757.90 in gross revenues deposited into the
general fund. A final audit of the auction was completed at which time two recording errors
were found. These errors, totaling $50.40, resulted in overpayment to the County. The
auctioneer made the adjustment to the gross revenues prior to invoicing. Therefore, the actual
gross revenue generated by the auction, and invoiced for, was $561,707.50 with net revenues
(i.e. revenues less expenses) of $506,525.90. The auctioneer's commission is $44,936.60.
Surplus expenses, totaling $10,245.00, include rent and maintenance costs for the surplus
___ storage unit. This auction included vehicles and office equipment. The breakdown of gross
and net revenues between the Board of County Commissioners, Sheriffs Office, and East
Naples Fire Control and Rescue District is as follows:
Board of County Comm.
Sheriffs Office
East Naples Fire
GROSS REVENUES
$538,747.50
$ 17,022.50
$ 5.937.50
$561,707.50
NET REVENUES
$485,402.70
$ 15,660.70
$ 5.462.50
$506,525.90
AGENCY
FISCAL IMPACT: Net revenues have been allocated as follows:
DEPARTMENT FUND GROSS EXPENSES NET
Public Utilities Division 408 $ 60.639.50 $ 6,004.30 $ 54,635.20
Solid Waste 470 $ 12,000.00 $ 1,188.20 $ 10,811.80
Airport Authoritv 495 $ 17.75 $ 1.76 $ 15.99
General Fund 001 $ 466 090.25 $ 46,150.55 $ 419,939.70
TOTALS $ 538.747.50 $ 53.344.80 $ 485 402.70
The revenue allocated to cover all expenses, in the amount of $55,181.60, will be deposited
into. and paid out of the General Fund. In order to pay the auctioneer's commission, a budget
amendment will need to be processed to increase the line item appropriation for that expense.
The balance of the revenues in excess of the budget will be added to the general fund reserve.
The overpayment to the County of $50.40 will be paid out of the General Fund to First Coast
,- Auction & Realty, Inc.
Agenda Item No. 16E1
April 11, 2006
Page 2 of 21
.-
On February 28, 2006 the Board of County Commissioners authorized the donation of surplus
fixed assets as requested by the City of Everglades and the Collier County School District in
accordance with Section 274.05, F.S. The City of Everglades submitted a request for the
donation of four trucks, see Attachment A-1 (the letter of request) and Attachment A-2 (the
description of the four trucks that were donated). The Collier County School District submitted a
request for the donation of a "Class An Tractor Trailer; see Attachment B-1 (the letter of request)
and Attachment B-2 (the description of the tractor trailer that was donated).
GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management plan.
RECOMMENDATION: That the Board of County Commissioners accept and ratify the revenues
for the County Auction held on March 11, 2006, pursuant to the itemized sales report attached
herein (Attachment C) and approve the enclosed budget amendment.
PREPARED BY: Sue Hebbe, Purchasing Technician, Purchasing Department
.-
,.-..
Agenda Item No. 16E1
April 11, 2006
Page 3 of 21
COLLIER COUNTY
(-
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E1
Report to the Board of County Commissioners concerning the sale and transfer of items
associated with the County surplus auction of March 11, 2006, resulting in $561,757.90 in
gross revenues.
Meeting Date:
4/11/20069:00:00 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
3/28/2006 1 :42 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
3/30/2006 1:44 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30120064:08 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
r
County Manager's Office
Office of Management & Budget
4/3/2006 1 :00 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/3/2006 1 :29 PM
r
that~m:P1usfroperties lias npmerous work trucks
annllataH~~~on i~~arch. The G~w,pfEverglades City is hi
our Yariolls~ep~ents. As our e.lI.ll?Ioyees are currently
ten years 9Jd, t~~<'40nation of these:{oUr service vehicles by
greatly app~eciated; ,",',
"0,_' .,.,-:.."
Attachment A-I
City of Everglades City
P. O. Box 110 Everglades City, Collier County, Florida 34139
City Hall
102 Copeland & Broadway
Phone (239) 695-3781 Fax (239) 695-3020
y:a:antilton:Jr'.
ayor
Mayor
~~mmv Hl'lmi1ton Jr.
City Clerk
Dottie Smallwood Joiner
Agenda Item No. 16E1
April 11, 2006
Page 4 of 21
City Attorney
Michael McDonnell
ASSET #
980044
20000042
20000024
20010019
.r
r
Attachment A-2
City of Everglades Truck Donation
VEHICLE DESCRIPTION
1998 GMC 3500 Ext. Cab w/Utility Body
2000 Chevrolet C2500 Pickup 4X2
2000 Ford F150 Pickup 4X2
2001 Ford F150 Pickup 4X4
Agenda Item No. 16E 1
April 11, 2006
Page 5 of 21
VEHICLE 10 NUMBER
1 GTHC39J6WF033887
1 GCGC24RXYF461368
1 FTRF17W6YNA78190
1 FTRF18WX1 NA65236
Attachment B-1
Agenda Item No. 16E1
April 11, 2006
Page 6 of 21
WORKFORCE & CUSTOMIZED PROGRAMS
615 3rd Avenue South
Naples, Florida 34102
(239) 377-0812
~ ~... (239) 377-0811 FAX
Collier Cou~
February 21, 2006
Dr. Frederick Tuttle
Collier County School District
Customized Programs
615 3rd Avenue South
Naples, Florida 34102
Dear Mr. Steve Carnell,
We respectfully request a donation of a "Class A" Tractor Trailer for the use of our
Commercial Drivers License Training Program. If you have any questions, please feel
free to call me at (239) 377-0810. Thank you for your cooperation.
Sincerely,
~ 9z:1fe,t.,
Dr. Frederick Tuttle
COLLIER COUNTY CHARACTER EDUCATION TRAITS
Citizenship Cooperation Honesty Kindness Patriotism Perseverance
Respect Responsibility Self-Control Tolerance
Tl-lE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL ACCESS I EQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT.
-
(
Attachment B-2
Collier County School District "Class A" Tractor Trailer Donation
ASSET # VEHICLE DESCRIPTION
930042 1993 International 2674 Tractor Truck 6X4
890158 1988 Witzco Challenger 60-Ton Tractor Trailer
("
r
Agenda Item No. 16E1
April 11, 2006
Page 7 of 21
VEHICLE 10 NUMBER
1 HSGLBBT6PH523762
1VV9A11F32KS061059
Attachment C
Agenda Item No. 16E1
April 11, 2006
Page 8 of 21
FIRST COAST AUCTION & REALTY, INC
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
CITY OF ORLANDO 2-18-06
Settlement summary
page 1
SN
Name
Sales
Corom (1 )
Comm(2)
Fees
Net
--------------------------------------------------------------------------------
1 STEVE CARNELL
2 FIRE DEPT
3 SEAN WILLIAMS
538747.50.
5937.50
17022.50
538747.50
5937.50
17022.50
--------------------------------------------------------------------------------
Totals:
561707.50
0.00
0.00
0.00 561707.50
.-
r'
Settlement
Seller: 1
Agenda Item No. 16E 1
April 11, 2006
Page 9 of 21
FIRST COAST AUCTION & REALTY, INC
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-455/
www.firstcoastauction.com AB150 AU286
CITY OF ORLANDO 2-18-06
STEVE CARNELL
COLLIER COUNTY BOCC
3301 E TAMIAMI TRL
NAPLES FL 34112
941-774-8425
Page:
1
-------------------------------------------------~------------------------------
Item
Description
Price
Total
;--
(
Qty
1 2001 CHEV LUMINA
2 98 CHEV LUMINA
3 1996 CHEV CORSICA
4 97 CHEV LUMINA
5 97 CHEV LUMINA
6 98 CHEV LUMINA
7 1996 CHEV CORSICA
8 1996 CHEV CORSICA
9 1994 FORD F150
10 1999 FORD RANGER UTILITY
11 1995 CHEV SID Ext
12 1998 FORD RANGER
13 1999 FORD RANGER
14 1997 FORD RANGER 4X4
15 1999 FORD RANGER
16 1995 CHEV S10 EXT
17 2000 FORD RANGER 4X4
18 2000 FORD RANGER
19 2000 FORD RANGER
20 99 FORD F250
21 1997 FORD F250 4X4
22 1999 FORD F250 4X4
23 1997 FORD E250 CARGO
24 2000 CHEV ASTRO
25 1994 FORD BRONCO
26 1995 CHEV K1500 4X4
27 1994 FORD F150
28 1996 JEEP CHEROKEE
29 1996 JEEP CHEROKEE
30 1996 JEEP CHEROKEE
31 1996 JEEP CHEROKEE 4X4
32 2000 INTL 4700 C/C F/B DUMP
32A 95 TRIPLE CROWN TRAILER
33 1992 EXPRESS 4X6 UTILITY
TRAILER
34 1993 U-DUMP 10X6 DUMP
TRAILER
36 2000 PACE 20' ENCLOSED
TRAILER
37 99 FORD F450 UTILITY
1 5,500.00
1 2,800.00
1 1,750.00
1 2,600.00
1 2,800.00
1 2,600.00
1 1,850.00
1 1,750.00
1 2,800.00
. 1 2,800.00
1 2,800.00
1 2,800.00
1 3,000.00
1 3,250.00
1 3,200.00
1 3,000.00
1 4,500.00
1 2,500.00
1 3,700.00
1 5,000.00
1 4,900.00
1 8,400.00
1 1,700.00
1 3,400.00
1 2,400.00
1 2,800.00
1 2,750.00
1 2,600.00
1 2,750.00
1 2,600.00
1 2,900.00
1 11,000.00
1 1,050.00
1 700.00
1 700.00
1 3,000.00
1 9,000.00
Agenda Item No. 16E1
April 11, 2006
Page 10 of 21
FIRST COAST AUCTION & REALTY, INC
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
CITY OF ORLANDO 2-18-06
Settlement
Seller: 1
STEVE CARNELL
COLLIER COUNTY BOCC
3301 E TAMIAMI TRL
NAPLES FL 34112
Item
Description
--------------------------------------------------------------------------------
1 8,500.00
38 1996 FREIGHTLINER AMBULANCE
39 98 FORD F450 UTILITY
40 1988 PLYMOUTH 4DR NON-OP
41 1988 PLYMOUTH RELIANT SW
42 1999 FORD RANGER UTILITY
45 1997 FORD AEROSTAR
46 1997 FORD RANGER UTILITY
47 1998 FORD RANGER UTILITY
48 1999 FORD RANGER UTILITY
49 1999 FORD RANGER UTILITY
50 1995 INTL 4700 C/C FB DUMP
51 1997 INTL 2654 16yd DUMP
52 1996 FORD F250
53 1996 FORD F350 UTILITY
54 1999 FORD F350 UTILITY
55 1998 INTL 4700 C/C F/B DUMP
56 1998 FORD 8500 JETVAC
57 1998 INTL 4700 C/C F/B DUMP
58 1994 INTL 2674 16YD DUMP
59 1999 FORD F350 UTILITY
60 1999 FORD F350 UTILITY
61 1997 BANDIT BRUSH CHIPPER
62 1998 GRAVELY BRUSH CHIPPER
63 1997 CAT D3C DOZER
64 1990 TIMS 16' DUAL AXLE
TRAILER
65 1995 CHAMPION 710A
MOTORGRADER
66 1994 INGER RAND SD100D
67 1997 FORD 6640 TRACTOR
68 1997 FORD 6640 TRACTOR
69 1997 FORD 6640 TRACTOR
70 1998 SMITHCO PAINT
SPRAYER/MARKER
71 1987 OLATHE RIDING THATCHER
72 2002 SCAT TRAC 17500 SKID
LOADER
73 1998 THOMAS F243HD SKD
LOADER
74 1996 JACOBSEN 72" RIDING
MOWER
941-774-8425
Page:
2
Price
Qty
Total
*** Not sold ***
1 5.00
1 5.00
1 3,500.00
1 2,650.00
1 3,250.00
1 3,000.00
1 3,400.00
1 3,100.00
1 9,000.00
1 31,000.00
1 4,100.00
1 7,700.00
1 7,800.00
1 15,000.00
1 51,000.00
1 20,250.00
1 25,000.00
1 7,750.00
1 8,750.00
1 2,900.00
1 2,000.00
1 22,500.00
1 5,750.00
1 36,000.00
1 37,000.00
1 13,000.00
1 13,000.00
1 13,500.00
1 100.00
1 100.00
1 6,000.00
1 6,000.00
1 1,100.00
Agenda Item No. 16E1
April 11, 2006
Page 11 of 21
/-
FIRST COAST AUCTION & REALTY, INC
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
. CITY OF ORLANDO 2-18-06
Settlement STEVE CARNELL 941-774-8425 Page: 3
Seller: 1 COLLIER COUNTY BOCC
3301 E TAMIAMI TRL
NAPLES FL 34112
Item Description Price Qty Total
--------------------------------------------------------------------------------
75 1997 JACOBSEN REEL MOWER 1 300.00
76 1987 STONE CONCRETE MIXER 1 150.00
77 2003 JD FERTILIZER SPREADER 1 10.00
78 1994 AGREX FERTILIZER 1 5.00
SPREADER
79 2003 JD FERTILIZER SPREADER 1 5.00
80 2001 STONE CONCRETE MIXER 1 70.00
81 2002 STONE CONCRETE MIXER 1 90.00
82 1995 STONE CONCRETE MIXER 1 70.00
83 1999 NATIONAL REEL MOWER 1 20.00
84 1998 JD RIDING MOWER 1 600.00
85 2002 DIXIE CHOPPER RIDING 1 2,500.00
MOWER
86 2002 DIXIE CHOPPER RIDING 1 3,000.00
r MOWER
87 2002 WOODS RIDING MOWER 1 2,550.00
88 2002 WOODS RIDING MOWER 1 2,500.00
89 1996 JACOBSEN RIDING MOWER 1 1,500.00
90 2002 EXCEL HUSTLER RIDING 1 2,700.00
MOWER
91 2002 EXCEL HUSTLER RIDING 1 2,800.00
MOWER
92 1999 JD RIDING MOWER 1 1,300.00
93 1998 GRAVELY RIDING MOWER 1 1,500.00
94 1990 WHACKER PLATE 1 50.00
COMPACTOR
95 1997 SITREX 7' SICKLE BAR 1 400.00
MOWER
96 1981 ETNYRE CURB PAVER 1 35.00
97A 3 PLATE COMPACTORS 1 550.00
97B CONCRETE SAW 1 275.00
97 4 PLATE COMPACTORS 1 100.00
98 3 PIONEER PAINT SPRAYERS 1 40.00
99 2 MCLANE PUSH EDGER 1 5.00
100 MISC LAWN PARTS 1 25.00
101 4 SARLO PUSH MOWERS 1 30.00
102 3 PUSH MOWERS 1 5.00
103 POULAN CHAIN SAW 1 5.00
104 2 BACK PACK BLOWERS 1 90.00
105 1989 CLUB CAR GOLF CART 1 1,100.00
r
FIRST COAST AUCTION & REALTY, INC
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
CITY OF ORLANDO 2-18-06
Agenda Item No. 16E 1
April 11, 2006
Page 12 of 21
Settlement STEVE CARNELL 941-774-8425 Page: 4
Seller: 1 COLLIER COUNTY BOCC
3301 E TAMIAMI TRL
NAPLES FL 34112
Item Description Price Qty Total
--------------------------------------------------------------------------------
106 1997 HAULMASTER UTIL CART 1 2,100.00
107 HAULMASTER UTIL CART 1 2,600.00
108 1998 EZ GO Electric Golf 1 250.00
Cart
109 1999 EZ GO Workhorse 1 500.00
Utility Cart
110 1992 AER-WAY 6' AERIFIER 1 5.00
111 1999 EZ GO Workhorse 1 100.00
Utility Cart
112 SPRAYER 1 600.00
113 2002 SARLO PUSH MOWER 1 10.00
114 MUD PUMP 1 40.00
115 VANGUARD HYDR UNIT 1 170.00
116 98 AMERITEK PRESSURE WASHER 1 70.00
117 2000 HONDA PRESSURE WASHER 1 130.00
118 LBE HYDR AUGER UNIT 1 60.00
119 LAWNMOWER 1 5.00
329 DESK JET 1120C 1 7.50
330 DESK JET 1220C 1 17.50
331 10 CPU 1 50.00
332 7 CPU 1 30.00
333 LASER JET 4200 1 120.00
334 LASER JET 2100 1 20.00
335 7 CPU 1 60.00
336 INK JET 2230 1 20.00
337 OKIDATA 321 1 45.00
338 CD ROM TOWER 1 22.50
339 5 LCD MONITORS 1 180.00
340 4 CPU 1 60.00
341 4 CPU 1 85.00
342 8 CPU 1 20.00
343 4 CPU 1 40.00
344A 2 monitors 1 100.00
344 4 CPU 1 40.00
345 8 CPU 1 45.00
346 4 CPU 1 35.00
347 4 CPU 1 30.00
348 4 CPU 1 45.00
349 4 CPU 1 40.00
350 2 LCD MONITORS 1 80.00
{
Settlement
Seller: 1
Agenda Item No. 16E 1
April 11. 2006
Page 13 of 21
FIRST COAST AUCTION & REALTY, INC
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
CITY OF ORLANDO 2-18-06
Item
STEVE CARNELL
COLLIER COUNTY BOCC
3301 E TAMIAMI TRL
NAPLES FL 34112
Description
941-774-8425
Price
Qty
Page:
5
--------------------------------------------------------------------------------
Total
r
r
351
352
353
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
5 CPU
5 CPU
10 CPU
LOT - MOBILE RADIOS
ROUND TABLE
20 MONITORS
COLOR LASER JET 4500DN
ATM
2 AIR TANKS
5 BOXES 1/0 PLEXER
LOT - BARCODE SCANNER EQUIP
LOT MISC
BOX MISC
LOT - KROY MACHINES
TRIPOD
TRIPOD
4 SPEAKERS
MICROWAVE
OVERHEAD PROJECTOR
PITNEY BOWES 1250
4 DIGITAL CAD BOARDS
METAL DESK
2 SERVERS
BOX - PAGERS
REMOTE FM MICROPHONE
METAL DESK
SERVELIENCE SYSTEM
COM PAC LTE5000
IBM THINKPAD & CASE
POLAROID CAMERA
2 PANISONIC DESKTOP EDITORS
2 PANASONIC DIGITAL EDITORS
5 PANISONIC VIDEO CASSETTE
P
PHILCO VCR
5 PANISONIC VIDEO MONITORS
6 PANISONIC VIDEO MONITORS
METAL DESK
5 CPU
BOX - MEDICAL EQUIP
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Sold with item 401
1
1
1
1
1
1
1
1
1
1
1
1
*** Not sold ***
1
1
1
1
1
1
1
85.00
100.00
75.00
440.00
2.50
5.00
70.00
425.00
370.00
250.00
90.00
5.00
5.00
2.50
25.00
17.50
175.00
10.00
50.00
45.00
2.50
125.00
45.00
30.00
2.50
400.00
60.00
170.00
5.00
240.00
300.00
7.50
3,200.00
175.00
2.50
5.00
200.00
Settlement
Seller: 1
Item
Agenda Item No. 16E1
April 11, 2006
Page 14 of 21
FIRST COAST AUCTION & REALTY, INC
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
CITY OF ORLANDO 2-18-06
STEVE CARNELL
COLLIER COUNTY BOCC
3301 E TAMIAMI TRL
NAPLES FL 34112
941-774-8425
Page:
6
Description
Price
Qty
--------------------------------------------------------------------------------
Total
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
PAY CLOCKS
2 SERVERS
6 MISC NETWORK EQUIP
DELL POWER VAULT
2 KODAK SLIDE PROJECTORS
DATA BACKUP DRIVES
6 UPS BACKUPS
LASER JET
HP DESK JET 3820
PITNEY BOWES DIGITAL SCALE
LOT - OFFICE/CAMERA
EPSON COLOR PRINTER
HP DESK JET 820CSC
HP DESK JET 932C
IBM LASER PRINTER
9 CPU
8 CPU
9 CPU
5 CPU
LASER JET 4
2 LASER JET 4
2 LASER JET 4
2 LASER JET 4
2 LASER JET 5
2 LASER JET 5
LASER JET 3
ALL KEYBOARDS UNDER TABLE
SPEAKERS
LOT - COMPUTER MOUSE
COMPUTER CORDS
TELEPHONES & CALCULATORS
BROTHER LASER PRINTER
3 PRINTERS
XEROX 742
MURATEC FAX MACHINE
XEROX WORKCENTER
CHANGE COUNTER
21 MONITORS
20 MONITORS
20 MONITORS
1
1
1
1
1
1
1
1
Sold with item 430
1
1
1
1
Sold with item 435
1
1
1
1
1
1
Sold with item 442
Sold with item 442
Sold with item 442
1
Sold with item 446
1
Sold with item 448
1
1
1
1
1
1
Sold with item 455
1
Sold with item 457
1
1
1
1
100.00
30.00
300.00
100.00
32.50
2.50
5.00
5.00
20.00
7.50
5.00
5.00
5.00
30.00
12.50
110.00
20.00
2.50
5.00
2.50
12.50
10.00
10.00
65.00
2.50
2.50
27.50
250.00
15.00
20.00
25.00
,...- .~
Settlement
Seller: 1
Agenda Item No. 16E1
April 11, 2006
Page 15 of 21
FIRST COAST AUCTION & REALTY, INC
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
CITY OF ORLANDO 2-18-06
Item
STEVE CARNELL
COLLIER COUNTY BOCC
3301 E TAMIAMI TRL
NAPLES FL 34112
Description
941-774-8425
Price
Qty
Page:
7
--------------------------------------------------------------------------------
Total
r
r
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
500
502
20 MONITORS
20 MONITORS
20 MONITORS
20 MONITORS
20 MONITORS
2 BURGANDY ARM CHAIRS
4 OFFICE CHAIRS
3 BLUE ARM CHAIRS
9 BLUE CHAIRS
GREY SWIVEL CHAIRS
5 OFFICE CHAIRS
6 OFFICE CHAIRS
7 ARM CHAIS
8 ROSE ARM CHAIRS
14 PINK ARM CHAIRS
12 GRAY ARM CHAIRS
MAP CART
5 ASSORTED CHAIRS
3 TYPEWRITERS
WOODEN DESK
FILE DRAWERS
WOODEN CREDENZA
DATA VAC
SCIENTIFIC OVEN
2 TYPEWRITER STANDS
2 DESKS
ITRON DATAPAC
PRINTER TABLE
WOODEN DESK
TYPEWRITER STAND
WOOD STAND & TABLE
FILE CABINET
FILE CABINET
ALUMINUM RACK
3 LARGE FILES - ARCHLUITE
2 COMPAC SERVERS
CANNON MICRO PRINTER
4 UPS
4 UPS
PITNEY BOWES U570
1
1
1
1
1
1
1
1
I
1
1
1
I
1
1
1
1
1
I
1
I
I
1
Sold with item 485
1
*** Not sold ***
1
I
Sold with item 490
Sold with item 490
Sold with item 490
1
1
1
1.
I
1
*** Not sold ***
Sold with item 499
1
30.00
30.00
20.00
30.00
20.00
12.50
15.00
45.00
15.00
17.50
160.00
25.00
5.00
150.00
15.00
20.00
2.50
5.00
2.50
5.00
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
22.50
10.00
10.00
2.50
2.50
Agenda Item No. 16E1
April 11, 2006
Page 16 of 21
FIRST COAST AUCTION & REALTY, INC
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
CITY OF ORLANDO 2-18-06
Settlement
Seller: 1
STEVE CARNELL
COLLIER COUNTY BOCC
3301 E TAMIAMI TRL
NAPLES FL 34112
941-774-8425
Page:
8
Item
Description
Price
Qty
Total
-----------------------------------.---------------------------------------------
503 2 PITNEY BOWES R150 Sold with item 502
504 2 BOX LOTS *** Not sold ***
505 KEYBOARD SHELVES *** Not sold ***
506 CANNON COPIER *** Not sold ***
507 LATERAL FILE 1 5.00
508 METAL DESK Sold with item 507
509 METAL BOOKSHELF Sold with item 507
510 20 MONITORS 1 5.00
511 20 MONITORS Sold with item 510
512 9 MONITORS Sold with item 510
513 2 UPS 1 5.00
514 3 GREEN BAR PAPER PRINTER 1 10.00
Items: 273 Amount: 538,747.50'
Thank you for choosing First Coast Auction & Realty, Inc. It's been our
pleasure serving you. Should any questions arise please don't hesitate to call.
Settlement
Seller: 2
Agenda Item No. 16E1
April 11, 2006
F:tRST COAST AUCT:tOH Q REALTY, :tHC Page 17 of 21
PO BOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
COLLIER COUNTY 3-11-06
Item
FIRE DEPT
Description
Price
Qty
Page:
1
Total
--------------------------------------------------------------------------------
-
/
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
43
99 FORD EXPLORER
IFMZU34E4XUA87595 WHITE 121185
2001 FORD CROWN VIC
2FAFP71W51X113775 WHITE 096489
2 MONITORS
MONITOR
MONITOR
DESK JET 340 & ACCESSORIES
SCANNER MACKER II
PANAFEX PX150 FAX
BOX - KEYBOARDS & ZIP
DRIVES
CANNON PRINTER
2 HP PRINTERS
XEROX WORKCENTER
BOX - MODEMS
DELL CPU
H)? CPU
COMPAC CPU
COMPAC CPU
9 MAC POWER PC
BOX - APPLE ACCESSORIES
IMAC
IMAC
I MAC
IMAC
IMAC
2 MAC 6100/66
MAC POWERBOOK 520
MAC POWERBOOK G3
MAC SCANNER
3 MAC PRINTERS
MAC LASER WRITER II
POWER MAC
4400/200
Sold with
Sold with
Sold with
1
1
1
item 300
item 300
I
1
item 304
item 304
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
item 325
item 325
item 325
An\ount:
2,700.00
2,900.00
5.00
10.00
2.50
2.50
2.50
25.00
2.50
12.50
12.50
7.50
7.50
5.00
5.00
7.50
22.50
25.00
10.00
47.50
2.50
30.00
90.00
2.50
-n.fl
44
Sold with
Sold with
Sold with
Sold with
Items:
31
5,937.50 v
Thank you for choosing First Coast Auction & Realty, Inc. It's been our
pleasure serving you. Should any questions arise please don't hesitate to call.
Agenda Item No. 16E1
April 11 , 2006
FJ:RST COAST AUCTJ:ON & REALTY, J:NC Page 18 of 21
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
COLLIER COUNTY 3-11-06
Settlement
Seller: 3
SEAN WILLIAMS
COLLIER CO SHERIFF
POBOX 8663
NAPLES FL 34101-8663
239-793-9457
Page:
1
Item
Description
Price
Qty
Total
--------------------------------------------------------------------------------
35 2001 PARKER BOAT & TRAILER 1 14,000.00
PXMLS043EOOl,
40YBF2725YFOO0275 TAN
354 6 CHAIRS 1 2.50
355 3 CHAIRS 1 2.50
356 6 CHAIRS 1 20.00
357 4 GREY OFFICE CHAIRS Sold with item 356
358 4 BLUE SWIVEL CHAIRS 1 15.00
359 2 BLUE SWIVEL ARM CHAIRS 1 45.00
360 PORTABLE STAIRS 1 30.00
361 2 CHALK BOARDS 1 10.00
362 5 DESK TOPS *** Not sold ***
363 WOODEN DESK 1 2.50
364 KODAK IMAGE LINK 3 PRINTER Sold with item 365
& CABINET
365 2 BROTHER FAXES 1 5.00
366 2 PANISONIC FAXES 1 25.00
367 WOODEN DESK *** Not sold ***
368 TRANSMISSION JACK 1 55.00
369 9 BRAKE ROTORS 1 25.00
370 2 BRAKE DRUMS 1 2.50
371 TABLES 1 2.50
372 ANTI-FREEZE 1 120.00
373 4 RADIATOR TANKS 1 40.00
374 VAC PUMP 1 85.00
375 BOX - INDUSTRIAL CLEANER 1 10.00
(16 )
376 5 RADIATOR TREATMENT 1 2.50
377 TABLE 1 5.00
378 FLOOR JACK 1 2.50
379 SPARK PLUGS 1 10.00
380 7 FRICTION BRAKE PADS 1 15.00
381 38 BRAKE PADS 1 62.50
382 LOT - AUTO PARTS 1 5.00
383 TABLE 1 7.50
384 4 AIR CONDITIONERS 1 140.00
385 FLOOD LIGHT TRAILER 1 575.00
386 FLOOD LIGHT TRAILER 1 1,700.00
Items: 34 Amount: 17,022.50 v
.-
Agenda Item No. 16E1
April 11, 2006
FJ:RST COAST AUCTJ:ON , REALTY, J:Ne Page 19 of 21
POBOX 7878 JACKSONVILLE, FL 32238
PHONE: 904/384-4556 800/519-6402 FAX:904-384-4557
www.firstcoastauction.com AB150 AU286
COLLIER COUNTY 3-11-06
Settlement
Seller: 3
SEAN WILLIAMS
COLLIER CO SHERIFF
POBOX 8663
NAPLES FL 34101-8663
239-793-9457
Page:
2
Thank you for choosing First Coast Auction & Realty, Inc. It's been our
pleasure serving you. Should any questions arise please don't hesitate to call.
~.
I
('
BUDGET AMENDMENT REQUEST
Agenda Item No. 16E1
April 11, 2006
Page 20 of 21
For BudgetJFinance Use Only
BAR...............................
JE#:................................
BARR..............................
A.P.H. Date..... ......... .........
Fund Number 001
Fund Description GeneralFund
Date Prepared: 3/24/06
Approv~d by BCC on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
(P 'd th F d C WBS I
Expense Budget.De~il
Surplus Fixed Assets
roV! e e un enter or e ement 0I1I1llt.10n; It is not reQuired to provIde 0
Fund WBS Commit Commitment Item Increase . Current Revised
Center Element Item DescriDtion (Decrease) Bud~et Budeet
121730 634999 Other Contractual $5,000.00 $40,000.00 $45,000.00
Services
inti
Fd Ctr No.: 121730
WBS No.:
. b th.)
Net Change to Budget $5,000.00
Fund Center Title:
WBS Element Title:
Expense Budget Detail
<Provide the Fund Center or WBS element information; it is not required to orovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud~et Budeet
Fd Ctr No.:
WBS No.:
Net Change to Budget
Fund Center Title:
WBS Element Title:
'd th
Expense Budget Detail
(proVI e e Fund Center or WBS element information; it is not reauired to orovide both.)
Fund WBS Commit Co.mmitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2et Budeet
Fd CtrNo.:
WBS No.:.
Net Change to Budget
Agenda Item No. 16E1
April 11, 2006
Page 21 of 21
Revenue Budget Detail
Fd CtrNo.: 121730/919101
WBS No.:
FoodCemerTille: R~~~
WBS Element Title:
(Provide the Fund Center or WBS element information; it is not r uired to rovide both.
J'und WBS Commit Commitment Item
Center Element Item Descri tion
121730 364410 S Ius Fwniture
919010 991000 Reserve for
Contin enc
Revised
Budet
$ 330,000.00
$1,558,555.00
Net Cbange to Budget $150,100.00
EXPLANATION
Why are funds needed? To pay the commission of the Auctioneer due to a higher revenue
amooot than forecasted and to recognize the additional revenue.
Where are funds available? Revenue from Surplus auction held on March 11, 2006.
REVIEW PROCESS
Cost Center Director:
Division Administrator:
Finance De artment:
Clerk of Board Admin.:
Agenda Item No. 16E2
April 11, 2006
Page 1 of 40
--
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 February 17, 2006
through March 16, 2006.
FISCAL IMPACT: The total change to contracts is $95.530.36. The total change to work
orders is $87.995.46.
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
.-.'
Agenda Item No. 16E2
April 11 , 2006
Page 2 of 40
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16E2
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
4/11/2006900:00 AM
Item Number:
Item Summary:
Prepared By
Diana Deleon
Administrative Assistant
Date
Administrative Services
Purchasing
3/27/200612:52:16 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
3/28/2006 8:09 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
3/30/20061:41 PM
Approved By
OMS Coordinator
Adm inistrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30/2006 4:00 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/31/2006 11 :05 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/31/20066:34 PM
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
April 11, 2006
Page 10 of 40
PROJECT NAME: Golden Gate Wellfield Reliability Improvements, Well Nos. 35 and 36
PROJECT #: 701582
POI: 4500048807 WORK ORDER #:
BIDIRFP #: 05-3807 MOD #: ;L
DEPARTMENT: Public Utilities Enaineerina
Original Contract Amount:
$ 954,720.00
(Starting Point)
Current BCC Approved Amount:
$954.720.00
(Last Total AmOWlt Approved by the BCC)
Current Contract Amount:
$1,002,980.97
(Including All Changes Prior To This Modification)
Change Amount:
$-4,000.00
$998.980.97
(Including This Change Order)
Revised ContractJWork Order Amount:
Cumulative Dollar Value of Changes to this ContractJWork Order: $44,260.97
_Date of Last BCC Approval June 28. 2005 Agenda Item # 101
'ffoj
Percentage of the change over/under current contract amount,..5..W,k
Formula: (Current Amount/ Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAL: Jan. 27. 2006 CURRENT: April 3. 2006
SUMMARY OF PROPOSED CHANGE (S): Sixty-five day time extension from Jan. 30. 2006 to allow processinq
of pay requests and a credit from D.N. Hiqains. Inc. for a damaaed reuse line.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? A credit
for damaaed County infrastructure and to allow processina of final pay requests.
PARTIES CONTACTED REGARDING THE CHANGE:
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Proposed change is consistent with the scope of the existing agreement
_ Proposed change is in fact an addition or deletion to the existing scope .
_ Change is being implemented in a manner consistent with the existing agreement
_ The appropriate parties have been consulted regarding the change
_ Proposed prices, fees and costs set forth in the change are reasonable .
ENOATION: This form is to be signed and dated.
Date: ' 2_21>--0 C.
Date: d -,}j~CJ6
.PPROVE BY:
Proj
REVIEWED BY:
Contra
Revised 10/5/05
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Vanderbilt Beach Road CR 882 PROJECT'" 63051
Agenda Item No. 16E2
April 11, 2006 2
Page 11 of 40
BlDlRFP fI!: 04-3675 MOD ~
DEPARTMENT: T.E.C.M.
8
POIJ: 4500031U1
WORK ORDER tf.:
Origiaal Contract Amount:
$ 37.604-9tO.53
(Startins Point)
$ 37.604.879.73
(Last Total Amount Approved by tile BCC)
Current Bee Approved Amount: '
CulTellt Contract Amount:
$ 37.604.879.73
(lDcIuding All Changes Prior To This ModifiC8tioo)
Change Amount:
.~,
., .
~..
~.._.
. .-
Revised ContractlWork Order AJa6unt: $...:..-
'<-:~~~:",- ""':~..-:-
17 f fi()~7Q -'71"
, (lIIdu4i1l8 This Order)
Cumulative Dollar Value of Chuga to this Cootrad/Work Order: $ 3G.8O
~"~:
.-....-
Date of la$t BCC Approval 7/27/04 Agenda Item #' 10 H
:t
Percentage of the change over/under current contract amount 0 %
Fonnula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BeC on Purchasing
report. For specific infonnation regarding wort<: order thresholds, please refer to the Contract Administration Procedures.
SectIon III.C.4.
CURRENT COMPLETION DATE (S) :ORJGINAL: November 24. 2007 CURRENT: December 2.2007
SUMMARY OF PROPOSED CHANGE (8): Identity the daanges. The plans indicated a box culvert extension to the
Airport-Pulling Canal Box. The plan dimensions for this design did not match the existing box dimensions, the following increases
to the Class N Concrete (10 CY) and Reinforcing Steel (S381bs) will correct the design. One (1) contract day will be added to the
contract for the increase of work required. .
JUSTIFICATION FOR CHANGE (S): What value or beneftt do these changes provide to the project?
The box culvert extension at the Airport-Pulling Canal was not designed matching the existing culvert dimension. The
following increases to the Class IV Concrete and Reinforcing Steel wi" correct the design to:lTl8tch the existing box culvert for
the extension. This was a designer error for the amount of $7,928.40. ,~.
PARnes CONTACTED REGARDING THE CHANGE: LYnn R. Thorpe P~~Princi~1 p~= ::er. ~lIier Coun~
TranSDQrtation EllQlneerina & Construction Management OeDartment: E . Martin 'P'r. Iller Coon
Transoortation Enaineerina & ~nstruction Manaaement Oeoartment
IMPLEMENTATION STEPS (Verify each before pl'OCMdlng with change using Y, N or N!~)
..::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
-,J
.:f
ReviEWED
Revised 412512005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E23
April 11, 2006
Page 12 of 40
PROJECT #: 90295
PROJECT NAME: Vanderbilt Beach ParkinG Garaae
BID/RFP #: 05.3800 MOD #:
7
DEPARTMENT: Facilities Manaaement
PO#: 4500044388 WORK ORDER #: n/a
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractIWork Order Amount:
$7.596.000.00 (Starting Point)
$6.324.000.00 (Last Total Amount Approved by the BCC)
$6.428.065.04 (Including All Changes Prior To This Modification)
$24.432.76
$6.452.497.80 (Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order:
($1.143.502.20)
Percentage of the change over/under current contract amount: 2.03%
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 infonnation regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
Date of Last BCC Approval June 14. 2005
Agenda Item # 16.E.6
CURRENT: 3/4/06
CURRENT COMPLETION DATE (S):ORIGINAL: 1217/05
SUMMARY OF PROPOSED CHANGE (Sl: Identify the chanGes. 1) install a construction ioint between pre-cast
deck and cast-in-place helix ramp as described in ESI #15. 2) replace sidewalk to wooden boardwalk to meet at
the main level of the boardwalk rather than the bottom of the ramp. 3) install caulkinq between wall panels on helix
ramp. 4) install aroundina for the phone system and the ticket booth. 5) one week additional aenerator rental due
to delays in FP&L power.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? 1) the
construction ioint and caulkina were omitted bY the desianer. 2) the sidewalk needs to be accessible to the
handicapped. 3) the caulkina was omitted bY the desiqner. 4) the around systems were omitted bY the desiqner.5)
the additional week was needed as FP&L did not provide power until 1/11/06.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasina: Linda Best: Facilities: Skip Camp. Peter
Hayden: Blake Thomas (CH2MHiII); Elliot Hathorn (Walker Parkinq Consultants); Dom Amico (ABB)
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
--'X- Proposed change is in fact an addition or deletion to the existing scope
-L Change is being implemented in a manner consistent with the existing agreement
~ The appropriate parties have been consulted regarding the change
--'X- Proposed prices, fees and costs set forth in the change are reasonable
MENDATION: This form is to be signed and dated.
Date: ~~;b <;0
Date: 3/J-(ofo
,_ APPROVE BY:
Pr .
REVIEWED BY:
Contr:
Revised 4/2512005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: iI.k:5~t,<< CcJkd/oi'U 1'JP5 IiciJ/fy /lek;b PROJECT #: 7.:1S()i-/ A' -<t A
BID/RFP #: (J5- 3767 MOD #: dtmlse ()rJe.,.. 1.:l PO#: i:.js-OC()'I'/;).J/.J WORK ORDER #: AlA
DEPARTMENT:~I,c L(+j);-!ie.s. E~Y\eer;l'\..s
Agenda Item No. 16E2
April 11, 2006
Page 13 of 40
tf
Original Contract Amount:
!!9
$ 43~. LJOO.
(Starting Point)
(:)0
$ '-I3~ 400. -
(Last Total Amount Approved by the BCC)
00
$ i.145. 061. -
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount: $ 0
00
$ LlLLC. 061.-
Revised ContractIWork Order Amount: -:J. T~
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractJWork Order: $ 6..661.
00
::--
Date of last BCC Approval ~h~;65
Agenda Item # J 6 c... I r
Percentage of the change over/under current contract amount I. SI %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: 1?~4j;5" CURRENT:
4A~/ot
,
SUMMAR..Y OF PROPO ED CHANGE (S): Identify t~e c anges.
av I . tJ..5 ,- L"':-C ~i'\ d JI\
No - c..c>,ST c..htiJ":je:' order -fa
ts io
APPROVE BY:
Project
REVIEWED BY:
Cont a
Revised 4/25/2005 b
TION: This form is to be signed and dated.
1 Date: 0~b'
,
Date: :3/ 3-/ (J 6
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 '"
April 11, 2006 .J
Page 14 of 40
PROJECT NAME: Rattlesnake Hammock CEI SVCS PROJECT #: 60169
BIDIRFP #: 05-3583 MOD #: one (1) PO#:4500049740 WORK ORDER #:
DEPARTMENT: TECM ~
Original Contract Amount:
$ 2.517.581.00
(Starting Point)
"
7
Current BCC Approved Amount:
$ 2.517.581.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 2.517.581.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 0.00
$ 2.517..581.00
(Including This Change Order)
Revised ContractJWork Order Amount:
Cumulative DoUarValue of Changes to this CoDtractIWork Order: $ 0.00
Date of Last BCC Approval 6/14/05
Agenda Item # 10.8
Percentage of the change over/under current contract amount 0.00' .... %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% Bee approval is required; under J 0% 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 1.1 '~P\ CURRENT: _;tl \ \j 9~
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To modify the Consultant's Emplovee Hourly
Rate Schedule: Contract Page No. D-51.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to tbe project? !2
clarifv/slmDllfv invoicinG to the County on the subject Drolect. These modifications do not chanae the
terms or fees for this contract.
PARTIES CONTACTED REGARDING THE CHANGE: Lvnn Thorpe. P. En PrlnclDSI Proiect Manaaer: Ronda
Rembert. Contract SDSClalist: John H. DeWlnkler. P. E. Sr. Vice President. Wilson Miller
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y,N or N1A)
....y Proposed change is consistent with the scope of the existing agreement
....y Proposed change is in fact an addition or deletion to the existing scope
....y Change is being implemented in a manner consistent with the existing agreement
....y The appropriate parties have been consulted regarding the change -:'
....y Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
. ! t'.,
_APPROVE BY:
rlEVIEWED
RECEIVED
FEB 2 4 2006
Transportation
Engineering Department
Revised 10/5/05
...-,.>.-...
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 I
April 11. 2006 I(
Page 15 of 40
PROJECT NAME: Rattlesnake Hammock Rd
BIDIRFP #: 05-3876 MOD #:
1 (one) POI: 4500054219
DEPARTMENT:
TEeM
Original Contract Amount:
$ 23.298.102.25
(Starting Point)
$ 23.298.102.25 ./
(Last Total Amount Approved by the BeC)
v
Current BCC Approved Amount:
Current Contract Amount:
$ 23.298.102.25
(Including All Changes Prior To This Modification)
Change Amount:
$ 0.00
$ 23.298.102.25 V
(Including This Change Order)
:.~~C,'
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this ContractlWork Order: $
0.00
. 'l""" ~
Date of Last SCC Approval
9/13/05
Agenda Item # 10L
Percentage of the change over/under current contract amount 0.00 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% acc 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:
1/11/08
CURRENT:
1/t1/08
,.., '.. ~
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Provide and Install 2 (two) sets of 20" Line stoDS in the 20"
existin2 force main located on the above mentioned proiect See Attached. The cost of 47.150.00 will be deducted from the Force
Main Utility Allowance CN-994 Pay Item. A new Dav item shall be created as fOllOWS:... /
Item # Item Description Unit Quantity Unit Price Amount ,>.'" ,
FM-600 Line Stop (pair) EA 2 $23.575.00 $47,150.00';'
JU8nFlCATlON FOR CHANGE (S): What value or benefit do these changes provide to~t.be pr.Q,lect? Bv usino the 20"
line s10DS for the force main it will limit the time that the Force Main is out of service save the county pumpino and diSPOSal
fees related to shuttina down a portion of Force Main line.
PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thome P.E. Principal Project Manaaer,
Insoector. James Zuver Proiect Manaoer, Ronnv Hobbs Project Manaaer John Carlo Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA)
- Y _ Proposed change is consistent with the scope of the existing agreement ,:.~.
- Y - Proposed change is in fact an addition or deletion to the existing scope
- Y - Change is being implemented In a manner consistent with the existing agreement
- Y - The appropriate parties have been consulted regarding the change
- Y - Proposed prices, fees and costs set forth in the change are reasonable
Fred Saxton Utilitv
t.).r
-.,'
PROJECT MANAFER RECOMMENDATION: This form Is
APPROVE BY: ~
signed and dated.
Revised 10/5/05
.,:
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 (
April 11, 2006
Page 16 of40
PROJECT NAME: Vanderbilt Beach Road CR 862 PROJECT #: 63051
BIDlRFP #: 04-3675 MOD #:
DEPARTMENT: T.E.C.M.
9
POI: 4500031427
WORK ORDER #:
Original Contract Amount:
$37.604.910.53 ~./
(Starting Point)
/'
S 37.604.879.73
(Lest TotIII Amount Approved by the BCC)
/
$ 37.60.4.879.73
(Including All CIwJges: POOr To This ModifiClltioo)
~~
s 0
Current BCe Approved Amount:
Current Contract Amount:
Change Amount:
Revised Contrad/Work Order Amount:
S 37.604. '879.73
(hlcluding This CbanF Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 30.80
~~~
Date of Last BCC Approval
7127/04
Agenda Item #
10 H
Percentage of the change overlunder current contract amount
Fonnula: (Current Amount / Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing
report. For specific information regarding work order thresholds. please refer to the Contract Administration Procedures,
Section III.C.4.
o
%
v'
CURRENT COMPLETION DATE (8): ORIGINAL: November 24.. 2007 CURRENT: December 2d. 2007
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Hunicane Wilma InVed in the Naples area on
October24, 2005, affecting the progress of the project for (12) twelve days with the cost of$11,222.22 for the preparation and
repair of the project. Hurricane Arlene arrived in the Naples area on May 31, 2005, affecting the progress of the project for
(4) four days. Hurricane Denis arrived in the Naples area on July 8, 2005, affecting the progress of the project for (1) day.
Hurricane Rita arrived in the Naples area on September 20, 2005, affecting the progress of the project for (1) day.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
The following is considered a catastrophic event per the Contract Document.
PARTIES CONTACTED REGARDING THE CHANGE: Lynn R. Thome P.E.. Principal Proiect Man89er. Collier Coun1;y
Jransoortation Engineerina & Construction ManaQement 5eiiartment.: Eddie Martin. project Manaer. eoOier County,
Transoortation EngineerinQ & Construction MSlinaaement Deoartment
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
...:L Proposed change is consistent with the scope of the existing agreement .
...:L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
...:L The appropriate parties have been consulted regarding the change
...:L Proposed prices, fees and costs set forth in the change are reasonable .
DATION: This form Is to be signed and dated.
lL 1 tt)~
~
A~"'V
~~
Revised 4/2512005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E2
April 11, 2006 <g
Page 17 of 40
PROJECT NAME: South County Effluent Storaae Lakes Park Pavinq & Benches
PROJECT #: 740501
BID/RFP #: 05-3829 MOD #:
DEPARTMENT: PUED
1
PO#: 4500047929
WORK ORDER #:
Original Contract Amount:
$ 357.379.12
(Starting Point)
Current BCC Approved Amount:
$ 357.379.12
(Last Total Amount Approved by the BeC)
Current Contract Amount:
$ 357.379.12
(Including All Changes Prior To This Modification)
Change Amount:
$
0.00
Revised ContractIW ork Order Amount:
$ 357.379.12
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $ 0.00
Date of Last BCC Approval
5/24/05
Agenda Item :It
16.C.17
Percentage of the change over/under current contract amount 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, prease refer to the Contract
Administration Procedures. Section /lI.CA.
CURRENT COMPLETION DATE (S):ORIGINAL:
1/10/06CURRENT: 5/10/06
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
completion.
Extension of time for contract
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Construction is completed. and the extension of time allows the County time to inspect the Qrass to see whether it is
growina and time for final payment.
PARTIES CONTACTED REGARDING THE CHANGE: Quality Enterprises USA, Inc, Q.Grady Minor & Associates. P.A.
PUED & Purchasina.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A)
X Proposed change is consistent with the scope of the existing agreement
_ Proposed change is in fact an addition or deletion to the existing scope
_ Change is being implemented in a manner consistent with the existing agreement
_ The appropriate parties have been consulted regarding the change
_ Proposed prices, fees and costs set forth in the change are reasonable
Date:
Revised 4/2512005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 Q
April 11, 2006 {
Page 18 of 40
PROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725091
BID/RFP #: 04-3724 MOD #:
6
PO#:_ 4500039984_ WORK ORDER #:
DEPARTMENT: Public Utilities Enoineerina
Original Contract Amount:
$ 689.000
(Starting Point)
Current BCC Approved Amount:
$ 689.000
(Last Total Amount Approved by the BeC)
Current Contract Amount:
$ 752.299
(Including All Changes Prior To This Modification)
Change Amount:
$ 0
$ 752.299.25
(Including This Change Order)
Cumulative Dollar Value or Changes to this ContracUW ork Order: $
63299.25
Revised ContracUWork Order Amount:
Date of Last BCC Approval
11/16/04
Agenda Item #
16(C)6
'ercentage of the change over/under current contract amount 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 (5): ORIGINAL: 1/1/06
CURRENT: 4n/06
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. (1) Add curbino and sidewalk per
chances made bv desion architect r$4330.201 (2) Add sianace. parkino stripes and bumpers per revised
architectural drawincs r$9981.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Added to address ADA parkino issues.
PARTIES CONTACTED REGARDING THE CHANGE: Desion professional and Lvn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N1A)
_ 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
RECOMMENDATION: This form is to be signed and dated.
Date:
~-7-{l~
3 ,- 7-tJC-
Date:
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16Ei 0
April 11, 2006
Page 19 of 40
PROJECT NAME: Vanderbilt Beach Road
OLf. 3(, IS
B/D/RFP #:~{)4 2683MOD #: 10 PO#:
DEPARTMENT: TECMD
PROJECT #: 63051
WORK ORDER #:
Original Contract Amount:
$ 37,604,910.53
(Starting Point)
Current BCC Approved Amount:
$ 37.604.879.73
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 37.604,879.73
(Including All Changes Prior To This Modification)
Change Amount:
$
o
Revised Contract/Work Order Amount:
$ 37,604.879.73
(Including This Change Order)
Cumulative DoJlar Value of Changes to this Contract/Work Order: $ ..{} .....E 0 ,80 .
Date of Last BCC Approval 7/27/04
Agenda Item # 10(H)
Percentage of the change over/under current contract amount. 0 %
Formula: (Current Amount / Last BCe 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 J. , J
/Q>./?'/jt?7 ,II(. 03
CURRENT COMPLETION DATE (S):ORJGINAL: 1 'J,0J107 CURRENT: 1/0l708
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. All the chanoes are related to PUEO utility
lines - conflicts and redesion in the field. .
JUST/FICA TlON FOR CHANGE (S): What value or benefit do these changes provide to the project?
These chanoes are necessary to construct the utilities to the proper specification and to the acceptance of
PUEO.
PARTIES CONTACTED REGARDING THE CHANGE: Harry Huber. PUEO - Eddie Martin. TECMO _ Jill
Guadaono. Aim Eno.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
-2L Proposed change is consistent with the scope of the existing agreement
-2L Proposed change is in fact an addition or deletion to the existing scope
-2L Change is being implemented in a manner consistent with the existing agreement
-2L The appropriate parties have been consulted regarding the change
.2L Proposed prices, fees and costs set forth in the change are reasonable RECEIQn
NDATION: This form is to be siQ~d/and dated. .lJ
. Date: ~ ...AR 02 2006
Ii- Date: 3f8/&-~~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E2 (I
April 11, 2006 ,
Page 20 of 40
PROJECT NAME: Vanderbilt Beach ParkinQ GaraQe
PROJECT #: 90295
BID/RFP #: 05-3800 MOD #:
8
PO#: 4500044388 WORK ORDER #: n/a
DEPARTMENT: Facilities Manaaement
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractIWork Order Amount:
$7.596.000.00 (Starting Point)
~6.324.000.00 (Last Total Amount Approved by the BCC)
$6,452.497.80 (Including All Changes Prior To This Modification)
$3.171.50
$6.455.669.30 (Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order:
($1,140,330.70)
Percentage of the change over/under current contract amount: ~
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
_Date of Last BCC Approval June 14.2005
Agenda Item # 16.E.6
(;URRENT COMPLETION DATE (S):ORIGINAL: 12/7/05
CURRENT: 3/4/06
SUMMARY OF PROPOSED CHANGE (5): identify the chanQes. 1) install filter fabric and rip-rap at the bubbler
qrate on the south side of the building. 2) provide a survey. sketch and legal description for the FP&l easement.
and 3) ship the brick pavers by truck rather than rail.
JUSTiFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? 1) the
filter fabric and rip-rap will better protect the QaraQe drainaqe pipes from CIOClQinQ. 2) the survey. sketch and teClal
description are required for an FP&L easement in order to obtain power, and 3) the brick pavers were originally
planned for shipment by rail and truckinQ expedited their delivery so the proiect could open more Quickly.
PARTIES CONTACTED REGARDING THE CHANGE: PurchasinQ: Linda Best: Facilities: Skip Camp. Peter
Hayden: Joe Delate (Parks & Rec Dept.); Blake Thomas (CH2MHill); Elliot Hathorn (Walker ParkinQ Consultants):
Dom Amico (ABB)
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
L Proposed change is consistent with the scope of the existing agreement
.-l Proposed change is in fact an addition or deletion to the existing scope
.-::L- Change is being implemented in a manner consistent with the existing agreement
.-l The appropriate parties have been consulted regarding the change
.-l Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
Date:
APPROVE BY:
proje
.EVIEWED BY: .
C
Date:
Revised 4/25/2005
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM'
Agenda Item No. 16E2
April 11, 2006
Page 21 of 40
f~
PROJECT NAME: US 41 North rVBR -Imml
PROJECT #: 600291
BID/RFP #: 05-3830 MOD #:
4
PO#:4600047281 WORK ORDER #:N/A
DEPARTMENT: ATM
Original Contract Amount:
$ 277.75(,.27 V
(Starting Point)
Current BCC Approved Amount:
$ 277.75(,.27 V
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 290.025.25 L-
(Including All Changes Prior To This Modification)
Change Amount:
$_ 0.00
v
Revised ContractIWork Order Amount:
$ 290.025.25 j./
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 12.268.98
Date of Last BCC Approval May 24. 2006
Agenda Item # 16B-18
Percentage of the change over/under current contract amount 0.00%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, plea~ refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: November 16.2006 CURRENT:" March 9.2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This change order is adding days to the
contract due to delays in the deliyery of payers for the median tips.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? AddinG
days to the contract. ...
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Philip Thibeaux. Mike McGee. Gloria
Herrera. Rhonda Rembert. Diane FlaGG. Nonna" Feder. and Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement..
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change ..
- Y _ Proposed prices. fees and costs set forth in the change are reasonable
APPROVE BY:
REVIEWED
NDATION: This fonn is to be signed and dated=
[)ate: 3- J'-~
Date: '-~,/ /:3./t.)&
Revised 4/25/2005
Agenda Item No. 16E2
April 11,2006
Page 22 of 40
l3
::~:
CONTRACTIWORK ORDER MODIFICATION ','
CHECKLIST FORM
PROJECT NAME: Livinaston Road lVBR -Immokalee) PROJECT #: 620717 &620713
BIDIRFP #: 05-3832 MOD #: 2 POI:4500047308 WORK ORDER #:N/A DEPAR~ENT: ATM
/'.
Original Contract Amount:
$ 692.040.83
(Starting Point)
Current BCC Approved Amount:
S 765.040.83 .
(Last Total Amount Approved by tht: BCC)
: \
..
;;..
Current Contract Amount:
$ 777.870.83 '.
(Includin2 All Chan5tes Prior To This Modification)"
,-,'.
Change Amount:
S 9oZ96.10 (to be taken from Contin2encv.,;:BCC aDoroved)
Revised ContractIWork Order Amount:
s ~ 'l1t.tt3 1f;~/ft:J '" . q~
(Including This Change er)
... .
'l5;J~&;, to eJL--
..
, 1
Cumulative Dollar Value of Changes to this ContractlWork Order. $ ~9~
Date of Last BCe Approval June 14. 2005 Agenda Item # 16B-2 ':.;' .
- Percentage of the change over/under current contract amount.-~. Cjf't % . -.
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 acc on
Purchasing report. For specific information regarding work order thresholds, plEiaSe refer to the Contract
Administration Procedures, Section 1II.C.4. <,'i "
CURRENT COMPLETION DATE (S): ORIGINAL: November 16. 2005 CURRENT::-" February 5. 2006
,'j'
, .
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Addina dav.~to the contract due to the
plantinas of the WCI Oaks. additional mulch. and soil and a credit for directional bore not needed.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes proyide to the project? Addina
days due to delayS with the electrical hook-up the WCI trees could not be planted till there was pennanent
power. The additional mulch was due to a chanae in countv' blend and additional soil was needed for
embankment stabilization. This total.. $9.341.10 in additions. All the directional bOres in contract were
used less $45.00. With the $45.00 credit this change order is to add a total 01$9.296.10 to the contract to
be taken from continaencv. ,;..
,".,.,,.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Philip Thibeaux. Scott
Windham. Gloria Herrera. Rhonda Rembert. Diane Flaaa. Nonnan Feder. and Steve Carnell
. ;.:~, ".,'
. 1 ,.,
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 agreemerii
_ Y _ The appropriate parties have been consulted regarding the change :'~
- .y _ Proposed prices. fees and costs set forth in the change are reasonable ':
'ROJECT MANAG REC E~DATION: This fonn is to be signed and dated/
-- ? / C)/ ,'.'
.' Date: ~ - {9- fa "
roj ag Date: 1..' -/f-tf:; ,~~
REVIEWED B
APPROVE BY:
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 f U
April 11, 2006 1
Page 23 of 40
PROJECT NAME: Lelv Area Stormwater Improvement Proiect
PROJECT#: 511012
BID/RFP #: 97-2715 MOD #: 10
POi:
N/A
WORK ORDER #: N/A
DEPARTMENT: Stomwater
Original Contract Amount:
$ 79,926.00
(Starting Point)
Current BCe Approved Amount:
$ 719.768.50
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 719,768.50
(Including All Changes Prior To This Modification)
Change Amount: $ 62,630.00
Revised ContractIWork Order Amount: $ 782.~50
(Including This Change Order) . lJ a 147:/ 16D
Cumulative Dollar Value of Changes to this ContractIWork Order: $ ~I~('J:5o
Date of Last BCC Approval
6/22/04
Agenda Item #
16B21
Percentage of the change over/under current contract amount 8.7() %
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 Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: 10/1/01
CURRENT: 11/30106
SUMMARY OF PROPOSED CHANGE (S): This chanoe order adds additional desian services to the contract
in aareement with the oriqinal scope of work which currentlv requires final adiustments and minor additions to
complete the final desion set of plans and bid documents.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
This chanqe order is necessary to complete essential desiqn and survey services required to structure a final
set of bid documents sufficient to construct Phase One of the Lelv Area Stormwater Improvement Proiect.
PARTIES CONTACTED REGARDING THE CHANGE: The Desion Professional. the principal Proiect Manaoer.
and the Department Director
Revised 4/25/2005
Agenda Item No. 16E2
April 11, 2006 ,11 ".
Page 24 of 40 "1.,
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
- ..L Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
..L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY~r~~iit~e: 3.~'4 - t>Co
REVIEWED BY;: It Date: ~ If-iJb
Contract Specialist '
Revised 4/2512005
Agenda Item NO.1 GE2
April 11, 2006\
Page 25 of 40
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM 04125/05
PROJECT NAME: Farm Worker's Villaae Access Road Crossin a PROJECT #: 517012
BIDIRFP #: 01-3290 MOD #: 1 POI: 4500055828 WORK ORDER#: AB&B-FT-os-oa
DEPARTMENT: Storm Water Manaaement
Original Contract Amount:
$ 63.968.70
(Starting Point)
$-63.'68. 13 IJ / A
(Last Total Amount Approved by the BCC)
Current Bee Approved Amount:
Current Contract Amount:
$ 63.968.70
(Including All Changes Prior To This Modification)
Change Amount:
$ 2.250.00
Revised ContractlWork Order Amount: $ 66.218.70 ..
(Including This Change Order)...
Cumulative Dollar Value of Changes to this CODtractIWork Order: $ 66~18.78 21 2. 5(), 00
Date of Last BCC Approval: October 26. 2004
Agenda Item # 16 E 2
Percentage of the change over/under current contract amount ~~{. .E ,.50( %
Formula: (Current Amount I Last BCC approved amount).1
Results and Actions; If the change exceeds 10% BCC approval is required; 4nder 10% reported, to
BCC on Purchasing report. For specific information regarding work order threSholds, please refer to
the Contract Administration Procedures, Section !lI.CA.
le.-';, .
CURRENT COMPLETION DATE (S): ORIGINAL: Auaust 26.2006 CURRENT: AUGUst 26.2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes., To adiust the Design
Professional's current Work Order Tasks via this Chance Order and increase the currentlv issued
Purchase Order in the amount of $2.250.00 to add additional work to be. oeriormed bv a Sub-
Consultant. The additional Task/Service was to be oaid for bv the County seoaratelv and was not
included as a AB&B Inc. Task within their oriainaJ Work Order.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
It was stated in the Proiect's Technical Specifications that the Countv was to pav for all successful tests
such as compaction and density tests. limerock auality tests. concrete ouality tests, concrete aualitv tests
(cvlinder breaks}, As the result of the Desion Professional periormina the Services Dunna Construction.
Staff feels that this coordination and payment tasks are best left with the Desion Professional.
PARTIES CONTACTED REGARDING THE CHANGE: Contractor - Joel Chamber. Operations Manaaer
Haskins. Inc.; Desion Professional- Dan Brundace P.E. AB&B Inc.: Jerrv Kurtz. Collier County Principal
Proiect Manaoer: and Rhonda Rembert. Purchasina Deoartment
,./ f~ ~
Agenda Item No. 16E2 (
April 11, 2006 G\
Page 26 of 40
.~{
IMPLEMENTATION STEPS (Verify each before proceeding with change uslhg V, N orN/A)
-? Proposed change is consistent with the scope of the existing agreement
Ii' Proposed change is in fact an addition or deletion to the existing scope
f...; Change Is being implemented in a ma. nner consistent Wit,h the existing agree:ment .
The appropriate parties have been consulted regarding the change '~'~,'
Proposed prices, fees and costs set forth in the change are reasonable,'~
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and~ated.
~
REVIEWED BY:
~~llc:~ G,vt:-
~/~'7Ah
"Z/z.-s/o~
APPROVE BY:
Pr .
Date:
~lti"
\;..'
-,,'
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
April 11, 2006 ;Z
Page 27 of 40
PROJECT NAME: Hurricane Wilma Debris Removal Public Outreach PROJECT #:
BID/RFP #: 04-3584 MOD #:
I
PO#: 45-54606 WORK ORDER #: AWP-FT -06-01
DEPARTMENT: Public Utilities Division
Original Contract Amount:
$ 4,550.00
(Starting Point)
Current BCC Approved Amount:
$
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 4,550.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 1,385.00
Revised ContractJWork Order Amount: $ 5,935.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ /, 38 s: tJO
Date of Last BCC Approval
Agenda Item #
Percentage of the change over/under current contract amount 30.44%
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
j
CURRENT COMPLETION DATE (S):ORIGINAL: December 5, 20q8 CURRENT: December 20, 2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. At the request of the Public Information Coordinator
this proposal is amended to include an additional 16 hours of production time for print and radio advertising, an additional 6
hours of consulting time and an additional 2 hours of media monitoring and story pitch/placement. The proposal timeline is
also amended to extend beyond the original December end date to an end date of December 20.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
PARTIES CONTACTED REGARDING THE CHANGE:
APPROVE B .
Proj c
REVIEWED BY:
Contr
Revised 10/5/05
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
i- 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 costs se: forth in the change are reasonable
ATIO : This form is to be signe
r.
It-- Date: ~'~
Date: oZ/r1-8jOG
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 3
April 11, 2006
Page 28 of 40
C>ROJECT NAME: Citv / County Water Interconnect at Davis & Lakewood Blvds. PROJECT #: 70040
BIDIRFP #: 04-3535 MOD #: --L-PO#: 4500047152
DEPARTMENT: PUED
WORKORDER#: UC-104
Original Contract Amount:
$ 248.884.75
(Starting Point)
Current BCC Approved Amount:
$ 248.884.75
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 248.884.75
(Including All Changes Prior To This Modification)
Change Amount:
$ 8.009.68
$ 256.894.43
(Including This Change Order)
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 8.009.68
Date of Last BCC Approval
5-10-05
Agenda Item #
16-C-5
'ercentage of the change over/under current contract amount 3.22 %
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: 11-14-05
CURRENT: 1-28-06
SUMMARV OF PROPOSED CHANGE (5): Identify the changes. 1. Add two fittinas. 2. Additional Excavation
3. Additional Time
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
1 & 2. Allow proiect to be completed despite differina site conditions. 3. Allowed emeraencv use of facility followina
hurricane.
PARTIES CONTACTED REGARDING THE CHANGE: Desian consultant. contractor. PUED & Water
Directors. and Proiect Manaaer
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N1A)
~ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
REVIEWED BY:
Date:
Con
Revised 4/25/2005
Agenda Item No. 16E2
April 11. 2006 Li.
Page 29 of 40 I
CONTRACTIWORK ORDER MODIFICA TfON
CHECKLIST FORM
PROJECT NAME: Cram Pass Beach Renourlshment PROJECT #: 900281
Contact#: 01-3271 MOD#: 1 PO#: 4500053831 WORKORDER#: CPE-FT-G6-01
DEPARTMENT: Tourism
Original Contract Amount:
S 34.452.00
(Starting Point)
Current BCC Approved Amount:
$ 34.452.00
(Last Total Amount Approved oy the BeC)
Current Contract Amount:
$ 34,452.00
(Including All Changes Prior To This Modifiamon)
Change Amount:
$ 00
Revised Contract/Work Order Amount: .
$ 34.452.00
(Including This Change Order)
Cumulative DoUar Value of Changes to this ContractIWork Order: S 0
Date of Last BCC Approval 9-27-05 Agenda Item # 16F6
Percentage of the change under current contract amount-2
Forinula: (Current Amount I last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on
Purchasing report For specific infonnation regarding work order thresholds, please refer to the Contract
Administration Procedures, Section IlI.C.4.
CURRENT COMPLETION DATE (S):ORlGINAl: April 27. 2006CURRENT: April 27. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addition to Labor Rates: "Survevor" at
an hourlv rate of $75. .
JUSTIFICATION FOR CHANGE (S):'What value or benefit do these changes provide to the project?
Servfce of Surveyor bv vendor to be used on proiect. '.
PARTIES CONTACTED REGARDING THE CHANGE: Coastal PlanninQ; Gary Mcalpin. Lvn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using V. Nor N/A)
- Y - Proposed change is consistent with the scope of the existing agreement
- Y _ Proposed change is in fact an addition or deletion to the existing scope ,
- Y - Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
- Y _ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
Gary
REVIEWED BY:
lyn
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
Date: 1--/ J-";f /UJ1JG
Date: ~/I / {)6
Revised 4/25/2005
Agenda Item No. 16E2
April 11, 2006
Page 30 of 40
s-
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Desian Countv~NaDJes Beach Renourlshment PROJECT #: 905271
Contact #: 01.3271 MOD t#: 1 PO#: 4500055824 WORK ORDER #: CPE-FT -06-02
DEPARTMENT: Tourism
Original Contract Amount:
$ 63.065.02
(Sisrting Point) .
Current BCC Approved Amount:
$ 63.065.02
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 63.065.02
(Including All Changes Prior To This Modification)
Change Amount:
$00
Revised ContraetIWork Order Amount:
S 63.065.02
(Including This Change Order)
Cumulative DoUar Value of Changes to this Contraet/Work Order: S 0
Date of Last BCe Approval
Agenda Item #
Percentage of the change under current contract amount.Jl
Formula: {Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% Bce approval is required; under 10% reported to Bee 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: March 11. 2006 CURRENT: March 11. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addition to Labor Rates: "Survevor" at
an hourlv rate of $75.
JUSTIFICAnON FOR CHANGE (S): What value or benefit do these changes provide to the project?
Service of Surveyor bv vendor to be used on oroiect.
PARTIES CONTACTED REGARDING THE CHANGE: Coastal Plann/no: Garv Mesloln. Lvn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Yf 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
APPROVE BY:
G
REVIEWED BY:
Lyn
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
Date: '1~1f /-m c:,
Date: ~ /1/ tJ6
I I
Revised 4/25/2005
Agenda Item No. 16E2 /
April 11, 2006 tp
Page 31 of 40
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: DesianCountv/Naoles Beach Renourishment PROJECT #: 905271
Contact #: 01.3271 MOD #: 1 POI: 4500055825 WORK ORDER #: CPE.FT -06-04
DEPARTMENT: Tourism
Original Contract AmobDt:
$ , 23.200.00
(Starting Point) .
Current BeC Approved Amount:
$ 23.200.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 23.200.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 00
Revised ContractlWork Order Amount:
$ 23.200.00
(Including Thil Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $ 0
Date of Last BCC Approval
Agenda Item #
Percentage of the change under current contract amount.Jl
Formula: (Current Amount I Last Bee approved amount)-1
Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to Bee on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE ($):ORIGINAL: March 11. 2006 CURRENT: March 11. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addition to Labor Rates: "Survevor" at
an houriY rate of $75.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provfde to the project?
Service of Surveyor bv vendor to be used on oroiect. .
PARTIES CONTACTED REGARDING THE CHANGE: Coastal Plannina: Gary Mesloln. Lvn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N1A)
- 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
Date:
Date:
Revised 4/25/2005
..
Agenda Item No. 16E2 7
April 11, 2006
Page 32 of 40
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Deslan CountvlNa~les Beach Renourlshment PROJECT #: 905271
Contact #: 01-3271 MOD #: 1 PO#: 4500056875 WORK ORDER #: CPE.FT -06-06
DEPARTMENT: Tourism
Original Contract Amount:
$ .225.000.00
(Starting Point)
current BeC Approved Amount:
S 225.000.00
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ 225.000.00
(Including All Changes Prior To This Modification)
Change Amount:
$00
Revised ContractIWork Order Amount:
S 225.000.00
(Iricluding This Otange Order)
Cumulative DoHar Value of Changes to this CoDtractIWork Order: SO.
Date of Last BCC Approval 12-13-05
Agenda Item #
16F8
Percentage of the change under current contract amount....Q
Formula: (Current Amount I Last BCC approved amount}-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: Julv 7. 2006CURRENT: Jul'i7/2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addition to Labor Rates: "Survevor" at
an hourlv rate of $75.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
PARTIES CONTACTED REGARDING THE CHANGE: Coastal Plannina: Garv McalDin. Lvn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change Is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed
APPROVE BY:
Gry
REVIEWED BY:
Lyn
Date:
Date:
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 ;)
April 11, 2006 0
Page 33 of 40
PROJECT NAME: Fourteenth Street Outfall Improvements
PROJECT #: 510057
BIDIRFP #: 01-3290 MOD #: 1
POI: 4500041989 WORK ORDER #: TBE-FT-Os.G2
DEPARTMENT: Stormwater Deoartment
Original Contract Amount:
$ 49.750.00
(Starting Point)
Current Bee Approved Amount:
$ N/A
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 49.750.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 17.000.00
$ ~750.00
(Including This 01ange Order)
Cumulative DoDar Value of Changes to this ContractIWork Order: $
Revised ContractIWork Order Amount:
17.000.00
Date of Last BCC Approval
N1A
Agenda Item 4#
N1A
Percentage of the change over/under current contract amount 34.17 %
Formula: {Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 100k 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: 04115105
SUMMARY OF PROPOSED CHANGE (8): Identify the changes.
and desian services
CURRENT: 04115/06
Add $17.000.00 for additional survey
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This
chance order is necessary to oroduce a desian that would effectivelv alleviate the floodinc that residents in this
area currentfv exoerience.
PARTIeS CONTACTED REGARDING THE CHANGE: Other project manacers. immediate supervisor. TBE
GrouP. Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N/A)
-L Proposed change is consistent with the scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
-L Change is being implemented in a manner consistent with the existing agreement
-L The appropriate parties have been consulted regarding the change
-L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAG~ECOM~ENDAnON: This form Is to be signed and dated.
APPROVE BY~~ .- - -- Date: g 0r~ c
REVIEWED BY' . fanco co/ . Date: :3 j~0.
Rhonda Rembert, /
Revised 10/5/05
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 a
April 11, 2006 I
Page 34 of 40
PROJECT NAME: Twin Lakes Interconnect
PROJECT #: 510054
BIDlRFP #: 04-3535 MOD It: II
POI: 4500047036 WORK ORDER #: UC. 110 .
DEPARTMENT:
Stormwater
Original Contract Amount:
$ 618.829.00
(Starting Point)
Current BCC Approved Amount:
$ 618.829.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 639.884.46
(Including All Changes Prior To This Modification)
Change Amount:
$ 13.889.50
$ 653.773.96
(Including This Change Order)
Revised ContradlWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 34.944.96
Date of Last BCC Approval June 14. 2005 Agenda Item # 1689
51 fR5 ~
_Percentage of the change over/under current contract amount.1o:82' %
'ormula: {Current Amount / Last Bce approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to Bee 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): ORIGINAL: December 12. 2005 CURRENT: February 28. 2006
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. The ouroose of this chance order is to
add $13.889.50 to SUDOort additional restoration work as well as extra work in the area around the lakes.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The
additional 'undine will cover all minor restoration details not included in the orieinal budaet.
PARTIES CONTACTED REGARDING THE CHANGE: Other orolect manacers. immediate suoervisor. Douglass
N. Hiaains. Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
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 MANAGERilECOMMENDAll0N:
_APPROVEDBY~
,EVIEWED BY:
CO tract Specialist
Revised 10/5/05
MAR-06-2ta06 00: 47
COLLI ER CO PRK
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item 1'fu,0lI6E2
April 11. 2006
Page 35 of 4? 0
PROJECT NAME: MANATEE DOG PARK PROJECT #:80177
BIDIRFP #: 03-3480 WORK ORDER 1# PAS-FT- Q4..01 MOD ':2 PO#:4500025755
DEPARTMENT: PARKS AND RECREATION
Original Contract Amount:
$5,100.00
(Startina Point)
Current BCC Approlled Amount:
$5,100.00
(Lut Total Amount Approved by the BCC)
Cun-ent Contract Amount:
$5,100.00
(Including All Change! PrIor 1'0 This Modification)
Change Amount:
$3,800.00
$8,900.00
(Including This Change Order)
Revised Contract/WOl"k Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: 53,800.00
Date of Last Bee Approval: n1a Agenda Item: nla
Percentage of the change over current contraot amount: 74.51 %
Formula: (Current Amount I Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to BCe on
Purchasing report. For speclflc Information regBJ'ding work order thresholds, please refer to the Contract
Administration Procedures, Section /IJ.C.4.
CURRENT COMPLETION DATE (8): ORIGINAL: 6110/2004 CURRENT: 9/1812007
SUMMARY OF PROPOSED CHANGE (S): This Change Order It 2 is in connection to providing addltlonlJl
scope and time to the work order for permitting reasons. Since the proJect was begun. changes In the
Land Development Code and County review staff interpretations of the project have cause additional wor-k
for the environmental consultant. Additionally, Parks and Recreation staff anticipates additional revi~w
comments and revisions prior to project approval. The consultant'. proposal for this additional work is
$3,800. Extra time is being added to the work order to account for these changes and additional
permitting time. An additional 365 days are being added to the work order to cover the permitting climate
and added scope.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project? This
change Is necessary to complete the environmental permitting for the project. The added scope and tim~
could not have been anticipated by the consultant. The permitting for thIs project has beCOme mor.e
complicated and has caused the consultant to spend additional time on this project to resorve the
continuing permitting issues. These permits Include County SOP and SFWMD permitting.
PARTIES CONTACTED REGARDING THE CHANGE: Public ServIces Administrator, Purchasing Contract
Specialist, County Project Manager.
Revised 4125/2005
l'1M-el6-2006 00=48 CCLLIER CO PRK Agenda Item NO.0~E2
April 11, 2006
Page 36 of 4fo <{ '.
IMPLEMENTATION STEPS (Verify eaoh before proceeding with ohange using V. N or MIA)
..)L Proposed change Ie consistent with the SCOpe of the existing agreement
Yo- Proposed change Is in fact an addition or deletion to the eXisting scope
-'L Change Is being Implemented In III manner consistent with the existing agreement
_x_ The Elpproprfate parties have been consulted regarding the change
..x.. Proposed prices, fees and oosts set forth in the change are reasonable
M NOATION: This form Is to be algMd .nd deted.
Date: 3~~
Date: 3/4" Db
REVIEWED B
','
"
, '
Revised 412SIWOS
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16El2(
April 11, 2000
Page 37 of 40
PROJECT NAME: Gulfshore Sidewalk Re-Alignment PROJECT #: 69081
BIDIRFP #: 01-3290 MOD #"..z~O#: 4500021225 WORK ORDER #: PHA-FT-03-03
DEPARTMENT: Transportation Engineerina and Construction Management
Original Contract Amount:
$ 44.730.00
;;,-\0
Current Bee Approved Amount:
$ 45.5'6.66
Al/A-
Current Contract Amount:
$ 45.590.00
Change Amount:
$ 21.161.28
$ 66.751.28
.1
Revised ContractlWork Oi-der Amount:
Cumulative DoBar Valae of Changes to this ContractIW ork Order: $ 22.021.28
Date of Last BCC Approval December 3. 2002 Agenda Item # 16-E-1
" .:~,;.~,.;
Percentage of the change over/under 'current contract amount ~ ~, 4.t/ ~
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under/1 0% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, pleas~ refer to the Procurement
Administration Procedures, Section IV.3.d ';' , .
CURRENT COMPLETION DATE {S):ORIGINAL: Mav 3. 2003 CURRENT: February, iJ 2001'
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. An extension of 692 dayS to the oriainal
completion date of Mav 3. 2003, Increase the contact amount in the amount of $21.161.28. which will
include the addition of Construction Enqineerina and Inspection Services.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changeS t:i'tovide to the project?Due to
the lenathv process to obtain a SFWMD permit. the proiect was delayed significantly, The proiect area has also
experienced a few areas of redevelopment which caused a need to update the sUr'Vevinformation. Further delavs
have been caused bv the vacancy in the Pathways Proiect Manaoer position. Also. we have added additional
duties to have the design professional provide Construction Enoineerina and' inspection Services durinQ
construction of the proiect.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasina. TEeM DirectorYandtheDesian Professional
:8 .~. :-,1'
IMPLEMENTATION STEPS (Verify each before proceeding with change using y~ Nor N1A)
Y Proposed change is consistent with the scope of the existing agreement
Y Proposed change is in fact an addition or deletion to the existing scope , L ~;; "
Y Change is being implemented in a manner consistent with the existing agreement .~
Y The appropriate parties have been consulted regarding the change {r-,
Y Proposed prices, fees and costs set forth in the change are reasonable ::- .
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. .,
Revised 10/5/05
:; L
: ~ '\;
03/27/2006 12:34 FAX 2392135885
TRANSP RIGHT/WAY
I4J 001
, Agenda Item ~o, 16E2
__ _.._ April 11, 7006
Page 38 of 40
1\4
,1
PRO&JECT- ~ER
~ b.8'$lgne<f']I!1d'datecI.
~ . if' (C1p'
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Agenda Item No. 16E2
April 11. 20061 'I
Page 39 of 40/ do-..
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CONmACTIWORK ORDER MODIFICATION
CHECKLIST FORM 04125105
",
PROJECT NAME: Farm Worker's Vlllaae Access Road Crosslna PROJECT #:517012
BIDIRFP #: 04-3535' MOD #: 1 POI: 4500047622 WORK ORDER#: UC'~ 1'09::' "
. ,,"'~ "':<-.( , ~-
DEPARTMENT:' Storm Water Manaaement
,Original Contract Amount:
$ 414.458.00
(Starting Point)
Current BCC Approved Amount:
$ 414.458.00
(Last Total Amount Approved by the B~..:~'
Current Contract Amount:
. 'J'
$ 414.458.00 .
Gncluding All Changes Prior To This Modifi.~tion)
Change Amoimt:
Revised ContractIW ciiit Order Amount:
$ 20.500.00
$ 434.958.00
(Including This Olange Order)
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Cumulative DoUm- Val~~ of Changes to this Contract/Work Order: $ 434.958.00
.;' ;I
. '- ~:'" .' ..".
Date of Last BeC Approval: 06/14105
Agenda Item # 16 B 15
.~
Percentage of the change over/under current contract amount 4.95 %
Formula: (Current Amount I last BCC approved amount)-1
Results and Actions; If the change exceeds 10% BCC approval is required;lJnder 10% reported to ;
BCC on Purchasing report. For specific information regarding work order thresholds, please refer to .
the Contract Adminis.tration Procedures, Section III.C.4. 'j ,
'. . -~ ;.i " r": ~
CURRENT COMPLETION DATE (S); ORIGINAL: May 22. 2006 CURRENT: M'av 22.' 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To adiust the. current Work Order
Tasks via this Chanae Order and Increase the currentlv issued Purchase Order in the amount of
$20.500.00 to add additional work to be performed bv the Contractor and their SubP The additional
Task/Service was not included as a pay item within their orlainal Work Order. .' 0 ::
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the proJe~?
It was referenced in the Proiecfs Technical Specifications that the all other ob"Structions shall-be
temporarilv removed from or supported across utilitv line excavations. The Bid Schedule under their
Quote did not include a pav item for this work under anv of the Task Items. '
PARTIES CONTACTED REGARDING THE CHANGE: Contractor - Joel Chamber. Operations Manaoer
Haskins. Inc.: Desion Professional- Dan Brundaae P.E. AB&B Inc.: Jerrv Kurtz~Colller.Countv Principal
Proiect Manaoer: and Rhonda Rembert. Purchasina Department .: ; ;,'. 50'
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IMPLEMENT AnON STEPS (Verify each before proceeding with change usII19". N 'or NlA)
~' Proposed change is consistent with the scope of the existing agreement . .;:.- ''''...'..
~ Proposed change is in fact an addition or deletion to the existing scope
...J- Change is being implemented In a manner consistent with the existing agre~rn~nt ;~'" ,
.-t The appropriate parties have been consulted regarding the change . ,.);: J. '.
~ Proposed prices. fees and costs set forth in the change are reasonable . ':::...::
-':'.:..',,-j'.
pROJECT MANAGER RECOMMENDAnON: This form Is to be signed ancid~ed~j"~;
APPflOVE BY: t...N ". "vct~
Pr~~~~ger ;7
REVIEWED BY: · t /I~ j)l/\~~:'
Corrt t Specialist
Date:
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Agenda Item No. 16E3
April 11, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to confirm and consent to the re-assignment of Contract No. 01-3276,
"Records Management Services" from Document Management Services, d/b/a Filestor,
Inc. to Vital Records Control of Florida, Inc.
OBJECTIVE: To obtain the Board of County Commissioner's approval of the re-assignment of
BID No. 01-3376, from the original party, Document Management Services, d/b/a Filestor, Inc.
to Vital Records Control of Florida, Inc. and approve the release of the original party, Document
Management Services, d/b/a Filestor, Inc. from liability after the effective date of the consent.
CONSIDERATIONS: The original contract was dated October 23, 2001 and approved by the
BCC, Agenda Item 16(A)(2), was by and between Document Management Services, d/b/a
Filestor, Inc. and Collier County.
-
Subsequently, Vital Records Control of Florida, Inc. acquired the assets of Document
Management Services, d/b/a Filestor, Inc. on December 13, 2002. County staff was notified in
a letter dated March 16, 2006 of the acquisition of the assets. Following the procurement
administration procedures, staff has acquired the necessary documents from Vital Records
Control of Florida, Inc., which have been reviewed and approved by the County Attorney's staff.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners: Confirms and consents to
the re-assignment of Contract No. 01-3276 from Document Management Services, d/b/a
Filestor, Inc. to Vital Records Control of Florida, Inc. and to release Document Management
Services, d/b/a Filestor, Inc. from liability after the effective date of the consent; and authorizes
the Chairman to sign the necessary amendment upon County Attorney Review.
Prepared by: Linda Jackson Best, Contract Specialist, Purchasing
,.--.
Agenda Item No. 16E3
April 11, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E3
Recommendation to confirm and consent to the re-assignment of Contract No. 01-3276.
Records Management Services from Document Management Services. d/b/a Filestor, Inc, to
Vital Records Control of Florida. Inc.
Meeting Date:
4/11/2006900:00 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
3/24/2006 12:43 PM
Approved By
James French
Operations Supervisor
Date
Community Development &
Environmental Services
CDES Operations
3/27/20062:46 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
3/30/2006 1 :30 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30120063:57 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/30/2006 7:24 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/30/20066:03 PM
Mar 13 06 03:39p
Ray Helbig
239-337-1498 Agenda ftem'Tto. 16E3
April 11, 2006
Page 3 of 8
~
: -
VITAL RECORDS CONTROL, INC.
Linda,
Here is the requested information pertaining to the asset transfer, along with documentation of the
transfer. Please feel free to contact me should you require additional information.
Any staffwho will handle Collier County documents will be employed by Vital Records Control ofFL.
Inc.
All Collier County documents, as well as all financial and tangible assets, are located at 11901
Amedieus Lane, Ft. Myers, FL. 33907.
Sincerely,
.4r !/dry"
Ray Helbig, GM
239-337-4030
Vital Reco~ Control, Inc.
5400 Mellech, Sutte t 01
Memphis. TN 38118
Phone: 901 ~83-855S
FIlJC 901-386.()440
WWW.VRCOFTN.com
Vital Records Control of SC. Ino.
255 Eagle Drive
Goose Creek, SC 29445
Phone: 843-566-7650
Fax: &43-566-7735
www.VRCOFSC.com
Vila! Records Control of AR, Inc.
'401 Murphy
Maumelle, AR 72113
Phone: 501-374-7775
Fax:501~74-7117
WWW.VRCOFAR.com
VItal Recot'ds Control of FL, file.
11901 Amedlcus Lan"
Fort Myers, FL 33S07
Phone 239-337-4030
Fax: 239-331-4055
www.VACOFFL.com
.' ")
. "
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Asset Acquisition Statement
. Under Section 1060
239-337.1498 0,3
Agenda Item'No. 16E3
April 11 , 2006
Page 4 of 8
Mar 13 06 03:39p
Ray Helbig
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~_ 8594
(fl4Iv. OcIdlW~
.......,..-.-,
........ ......--
Neme as lIhOWtl 0.. Hlb.rn
0Ma.Mo.1$4t*
....N:taCb to your ~..........
...s.o....,.m~ ~61
ldentlDc8tlon number .. anown Ofl retuln
CUIln-,KOJlt OF
CheCk &he box Ihat lden11f1e8 ~
-Ii) p~ 0 hi..
~ --..
-, N~oI__""'- .
_ __-I~~" DIe. -
Adl::Il'M$ (numb6l'. street. and ftIOI'n Of -*. no.)
.:tlfC
4'1...206'7833
1""'"'-"'- -
407SmxJ:SCIlI .AVaDl~
CllY or toWI'l, stale, end ZIP code
. ::3:::' ~:.~.~S \' ToIm_....I_
IilldP A&se1s Tra........ . All tiers of an ongtnaI Slldemerlt must comple1e.
f'
4
laif'
Of
tar
ClUS IV
CtIl.s$ V
- ..---
ctaa& 1:
CIa. I
Cfu$1Il
...- ',-- --:.-..
Total
6 Did the purch~r and MIler provlde for an &locatIOn of thlj) 'I/I\cl. prlCO in the .... conlraet or In anolhor
written ~.'"' llgAed by' bot:t1 pa.rtIEJa? . ,. .. . . . . . . · . . . . . " . . . . . . . . . . . " . . . . " . . . . " .
If "Yea," are the aggteoetft feit marketVl!illUes (FIN) listed for eaatl ofasael C11lS886 I, II. ill. fII, V, VI, and
W the amOl.dl agieeCl upon In your sales conuect or in a separate wrttten doctlTlent7. . . . . . . . . . . . . . .
(i] v-D No
(i]v-DNO
$ In lhe purcha88 of the group 01 ..1I8bt (or alack). did tbe purchaSer aIIlo pudulse a bmIe Of a covenam
nO! to complete, or eMer tnto a lease egl'flemenl. ernplo1ment eontnlCl, menageme,nl conr.racl, or 8lmbr
arrengemenl wKhlhD 811I_ (Ot managon, dlroclOr.. 0Wl'leClI. or om~ oI1he seller)? .. . . . . . . . . . . . Ii] Yes 0 NO
If 'Yes,' anach 8 schedul9l11at specIieS <Ill) the type of aGreement and (I)) the mulmum amount of SBB SU':rBKBR'J:' 5
contIderatlon (not InclUdIng Interest) paid or to be paid under the agreement. See inEltnJQlIonS.
For ......work Redootlon Act NotiCe, 8M 8&patat6lnldruodon& FclnI18&M (Rw. 1o-200~
,-uu,
.ul a.ooo
AMra.- .AQ~ n~J14J2nn~ 1~.~~1~R VD2-~
"'1_2n~"'A~'='
1':1:
Mar 13 06 03:40p
Ray Helbig
239-337-1498
Agenda Item~t. 16E3
April 11, 2006
Page 5 of 8
p
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Form 8594 eW.10-2
. Supplemental Statement. CompletQ only If amending an ~ln statement or previously filed
su tementaJ statement because of an increase or decrease in consideration.
7 TalC year and tax r&[um form number WIth which the original Form 8S94 and any ll~plomontQI a1o.t$ments were filed.
8 Asse1s Allocallon of Bales orie$ as r>I'a...rouslv /'l)pOrtod Irn:roaso or ldoc(02S9l I Redeterminlild allocatkln of saJes Drfce
Class I $ $ $
Cass n 4: S S
Class III $ S $
CtassIV $ S S
Claa V $ $ Is
CIa8s VI and VII $ $ $
Total S :~;;~;~T\~~ft~~~~~i~E,~~~~~ :$
9 R8Ilson(s} for incross., or ~reaso. Attach addiUonal ShlillilW if mere SPaQe l.s nee<led. .
')G.\
l!X4,U l.llOlI
f'Otll'Ie$M (FIw. 10.~
ft~"..... ..^^e n~,... .....,........
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Division of Corporations
Agenda It~RMJ. 9~~
April 11, 2006
Page 6 of 8
Foreign Profit
VITAL RECORDS CONTROL OF FLORIDA, INC.
PRINCIPAL ADDRESS
11901 AMEDIUS LN
FORT MYERS FL 33907
Changed 01/24/2006
MAILING ADDRESS
5400 MEL TECH
SUITE 101
MEMPHIS TN 38118
Changed 01120/2005
Document Number
F02000005996
FEI Number
412067833
Date Filed
12/03/2002
State
TN
Status
ACTIVE
Effective Date
NONE
egIs ere ,gen
I Name & Address I
PALO, DANNY
11401 AMEDlUS LN
l FORT MYERS FL 33907
Name Changed: 01/2412006 :
I Address Changed: 01/2412006
R . t d A t
I Name & Address II Title I
BEU, JACK G
100 PEABODY PLACE. SUITE 1400
MEMPHIS TN 38103
PALO, DANNY D
4011 EAST RAINES ROAD
i MEMPHIS TN 38118
II I
Officer/Director Detail
http://www.sunbiz.orglscripts/cordet.exe?al=DETFIL&n1 =F02000005996&n2=NAMFW... 312012006
Division of Corporations
Agenda ItgiWRJcf 9~t3
April 11, 2006
Page 7 of 8
WILLIAMS, nMMIE D
100 PEABODY PLACE. SUITE 1400
MEMPHIS TN 38103
SMITH. CECIL
8SS RJDGE LAKE BLVD.
MEMPHIS TN 38119
PErrY, RUSS
868 MT. MORJAH
MEMPHIS TN 38117
~
D
D
ua epo s
I Report Year II Filed Date I
I 2004 II 02/1712004 I
2005 I Oli.20/.200S
2006 I 01/24/2006 I
Ann IR rt
[preyj()u~Flling j ["" R.~tumtoList J
No Events
No Name History Information
L Next Filing J
Document Images
Listed below are the images available for this filing.
QJ!24140Cffi.::ANNJ\EPlUNlFQEM..!3USREJ'
Q II2V14QQ.L-:..ANN.REPlUNIFQRMJ1\.LS.REP
Q.2/17/2()Q4-=.ANNJIAL REJ?QRT
~lUaQPl :::CQR: ANNREPIUNJFQI\JI111US-REP
14f03l2QQ2.::-.F9,.~igu Prnfit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.orglscriptslcordet.exe?al =DETFIL&nl =F02000005996&n2=NAMFW... 3120/2006
Agenda Item No. 16E3
April 11, 2006
Page 8 of 8
EXHIBIT A-I Form of Consent
BID No. 01-3276
"Records Management Services"
This Form of Consent, dated , 2006 to the referenced agreement shall be by and between the
parties to the original Agreement, Document Management Services, d/b/a Filestore, Inc.(to be referred to
as "Contractor") and Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
Re: Agreement dated October 23,2001, BCC Agenda Item l6(A)(2), by and between Document
Management Services, d/b/a Filestor, Inc. and Collier County referencing BID No. 01-3276, hereafter
known as the "Agreement", to which Vital Records Control of Florida, Inc. has become a successor in
interest by assignment and assumption from Document Management Services, d/b/a Filestore, Inc.
(" Assignment")
Collier County confirms and consents to the Assignment and release of Document Management Services,
d/b/a Filestore, Inc. from liability from and after the effective date ofthe consent of the Assignment in
return for Vital Records Control of Florida, Inc. assumption, as of December 13, 2002, of all rights and
duties of Document Management Services, d/b/a Filestor, Inc. under the Agreement.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
ATTEST:
CONTRACTOR
Vital Records Control of Florida, Inc.
Corporate Secretary/Witness
By:
By:
Dated:
Title:
Dated:
ATTEST:
(CORPORATE SEAL)
Dwight E. Brock, Clerk
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and
Legal sufficiency:
BY:
Frank Halas, Chairman
Robert N. Zachary
Assistant County Attorney
Agenda Item No. 16E4
April 11, 2006
Page 1 of 2
-
EXECUTIVE SUMMARY
Recommendation to award Contract(s) #06-3929 "Annual Contract for Architectural
Services" to the following firms: Schenkel & Shultz, Inc., Victor J. Latavish Architect,
PA, BSSW Architects, Inc., CH2M Hill, Inc., Disney & Associates, PA and Harper Aiken
Partners, Inc. Estimated annual amount $1,000,000.
OBJECTIVE: To receive Board approval for the award of professional services contracts to the
above listed firms in order to provide professional Architectural services for multiple projects
without issuing individual Requests for Proposal.
CONSIDERATIONS: The current Architectural Services contract (Contract No. 01-3235) is in its
last renewal period; no further renewal periods exist. Therefore, a Request for Proposal (RFP)
was issued on December 7, 2005 to solicit the replacement contract for these services. Notices
were sent to one hundred fifty seven (157) firms and twenty three (23) firms requested an RFP
package. Responses were received from eleven (11) firms by the due date of January 20,
2006. A selection committee was formed according to standard Purchasing Procedures, and by
consensus, recommended the following firms to be awarded a contract.
/'''''.''''
1. Schenkel & Shultz, Inc.
2. Victor J. Latavish Architect, PA
3. BSSW Architects, Inc.
4. CH2M Hill, Inc.
5. Disney & Associates, PA
6. Harper Aiken Partners, Inc.
Contract negotiations have been successfully completed by staff for the six firms at this time. All
six firms have agreed to a standardized fee schedule for their services, which staff believes will
provide the opportunity for an equitable and fair distribution of work. This is a fixed-term
contract which provides for work orders to be issued for each assignment subject to the terms of
the contract.
FISCAL IMPACT: The funding for each work order that is assigned under the approved
contracts will come from each user Department.
GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management
impact, they are consistent with the County's long-tern growth plans.
RECOMMENDATION: That the Board of County Commissioners: (1) Award professional
services agreement to the six firms, and (2) Authorize the Chairman of the Board to sign the
standard, County Attorney approved agreements.
Prepared By: Linda Jackson Best, Contract Specialist, Purchasing
""..- ,
Agenda Item No. 16E4
April 11, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16E4
Award Contract(s) #06-3929 Annual Contract for Architectural Services to the following firms:
Schenkel & Shultz, Inc.. Victor J. Latavish Architecl, PA, BSSW Architects, Inc., CH2M Hill.
Inc" Disney & Associates, PA and Harper Aiken Partners, Inc, Estimated annual amount
$1,000,000.
4/11/20069:00:00 AM
Item Number:
Item Summary:
Approved By
Skip Camp. C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
3/24/2006 8:55 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
3/24/2006 12:40 PM
Approved By
Ron Hovel!
Principal Project Manager
Date
Administrative Services
Facilities Management
3/28/200610:44 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
3/30/2006 2:23 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3130/2006 3:58 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/30/20067:15 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Com missioners
County Manager's Office
3/30/2006 8:29 PM
Agenda Item No. 16E5
April 11 , 2006
Page 1 of 2
COLLIER COUNTY
.-.
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E5
Meeting Date:
Recommendation to approve expenditures relating to travel associated with educational
advisory boards,
4/11/20069:00:00 AM
Prepared By
Skip Camp, C.F.M. Facilities Management Director Date
Administrative Services Facilities Management 3/30/20063:46:10 PM
Approved By
Damon Gonzales Interim Facilities Manager Date
Administrative Services Facilities Management 3/30/20064:10 PM
Approved By
Skip Camp, C.F.M. Facilities Management Director Date
Administrative Services Facilities Management 3/30/20064:12 PM
Approved By
Len Golden Price Administrative Services Administrator Date
,.-.. Administrative Services Administrative Services Admin. 3/30/20064:17 PM
Approved By
OMS Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 3/31/20068:25 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 3/31/2006 11 :09 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 3/31/2006 6:14 PM
,.-.'
Agenda Item No. 16E5
April 11, 2006
Page 2 of 2
EXECUTIVE SUMMARY
Recommendation to approve expenditures relating to travel associated with educational advisory
boards.
OBJECTIVE: To obtain Board approval for expenditures relating to travel associated with
educational advisory boards.
CONSIDERATIONS: From time to time, educational organizations (colleges and universities)
will appoint County employees to sit on their advisory boards. These relationships often provide
the County with recruitment, internship and networking opportunities. A current example of this
type of relationship is with Ferris State University. Skip Camp sits on their Facilities
Management Advisory Board (Bachelor Degree Program). The Board, made up of seven
professionals from the industry, provides guidance and feedback for their degree program.
Additionally, the County has hired (with great success) both their graduates and interns.
Currently one of their graduates is the County's Facilities Manager.
These advisory boards usually meet once or twice a year sometimes necessitating out of county
travel. The purpose of this summary is to have the Board approve these expenditures,
declaring them to have a valid public purpose.
FISCAL IMPACT: Funds are budgeted with each of the operating cost centers.
GROWTH MANAGEMENT IMPACT:
with this Executive Summary.
There is no Growth Management Impact associated
RECOMMENDATION: That the Board of County Commissioners approves expenditures
relating to travel associated with attending educational advisory board meetings as outlined
within this summary.
Prepared By: Skip Camp, CFM, Director, Department of Facilities Management
Agenda Item No. 16F1
April 11. 2006
Page 1 of 2
--
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment to replace a damaged ambulance for
the Emergency Medical Services Department in the amount of $177,000, recognize and
appropriate insurance proceeds of $77,500, and appropriate $99,500 of Fund 490 reserves.
OBJECTIVE: To receive approval from the Board of County Commissioners for a Budget
Amendment to purchase one replacement ambulance at a cost of$l77,OOO.
CONSIDERATIONS: In December 2005, Truck #29 sustained heavy damage in a motor
vehicle accident. The insurance company recently made the determination to total the
ambulance with an insurance value of $77,500. A Budget Amendment is necessary to recognize
and appropriate $77,500 of insurance proceeds and to appropriate $99,500 of Fund reserves.
FISCAL IMPACT: Funds in the amount of$99,500 are available in Fund 490 Capital Reserves
as approved by the Board on September 22, 2005. The remaining $77,500 is available from
insurance proceeds, which will increase Fund 490 by a total of $77,500.
GROWTH IMP ACT: There is no Growth Management Impact resulting from this action.
...--.
RECOMMENDATION: That the Board of County Commissioners approve a budget
amendment that will:
1. Recognize and appropriate insurance proceeds in the amount of $77,500;
2. Appropriate $99,500 from Fund 490 reserves; and
3. Provide funding to purchase a replacement ambulance for the Emergency Medical
Services Department.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
,-
Agenda Item No. 16F1
April 11, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16F1
Recommendation to approve a Budget Amendment to replace a damaged ambulance for the
Emergency Medical Services Department in the amount of $177,000, recognize and
appropriate insurance proceeds of $77.500, and appropriate $99,500 of Fund 490 reserves.
4/11/20069:00:00 AM
Item Number:
Item Summary:
Prepared By
Jeff Page
Bureau of Emergency
Services
EMS Chief
Date
EMS
3/24/2006 3:33:54 PM
Approved By
Jeff Page
Bureau of Emergency
Services
EMS Chief
Date
EMS
3/24/2006 3:45 PM
Approved By
Darcy Waldron
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
3/27/20064:36 PM
Approved By
,-
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureall of Emergency Services
3/27/20064:47 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/28/2006 1 :59 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/5/2006 12:07 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/5/2006 1: 04 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/5/2006 2:56 PM
Agenda Item No. 16G1
April 11, 2006
Page 1 of 3
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 Oebi Mueller
..-
Agenda Item No. 16G1
April 11, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16G1
Recommendation to approve the creation of one 0.5 full time equivalent (FTE) employee for
the Marco Island Executive Airport.
Meeting Date:
4/11/20069:00:00 AM
Approved By
Theresa M. Cook Executive Director Date
County Manager's Office Airport Authority 3/30/2006 3:37 PM
Approved By
OMB Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 3/30/20064:11 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 4/5/2006 1 :48 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 4/5/2006 2:59 PM
.-
Commissioners
RESOLUTION NO. 06-07
Agenda Item No. 1681
April 11. 2006
Page 3 of 3
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY TO
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE
HIRING ONE FULL-TIME EMPLOYEE FOR THE MARCO ISLAND EXECUTIVE
AIRPORT.
WHEREAS, in an ongoing effort to staff the Collier County Airport Authority in
the most productive, cost efficient manner, the Authority reduced staffing by two
administrative employee positions for fiscal year 2006; and
WHEREAS, jet traffic is increasing at the Marco Island Airport, which requires
additional front line service personnel to provide appropriate levels of customer service
at that Airport; and
WHEREAS, money from sales of jet fuel are the greatest source of net revenues
for the Collier County Airport Authority; and
WHEREAS, there is an existing part-time position (0.5 FTE Maintenance Worker)
at the Marco Island Airport; and
WHEREAS, the Authority desires to increase that part-time Maintenance Worker
position to a full-time Maintenance Worker position.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY to recommend that the Board of County Commissioners
approve increase of one part-time Maintenance Worker position to one full-time
Maintenance Worker position employee for the Marco Island Executive Airport.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier
County Airport Authority this 28th day of March 2006.
DATED:
COLLIER COUNTY AIRPORT AUTHORITY
COLLI OUNTY, FLORIDA
Th~C1i2e Dmctm
Approved as to form and legal sufficiency
By: 10M ~
Tom Palmer, Assistant County Attorney
Y:\Administration\A.A Board\Resolutions\Res 06-07 Reccommcnt BCC approve one 0 5 FIE employee for Marco.doc
Agenda Item No. 16H1
April 11, 2006
Page 1 of 3
,-
EXECUTIVE SUMMARY
Commissioner request for Board approval for payment to attend function serving a valid
public purpose.
OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a
Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners
has determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTIONIEVENT: Economic Development Council of Collier County Exclusive Member
Breakfast
PUBLIC PURPOSE: Meet and interact with business and community leaders.
,,-.
DATE OF FUNCTIONIEVENT: April 12, 2006
FISCAL IMPACT: $21.52 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend
function serving a valid public purpose.
PREP ARED BY: Sandra Lea, Executive Aide to BCC
,--
Agenda Item No. 16H1
April 11, 2006
Page 2 of 3
COLLIER COUNTY
-
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H1
Meeting Date:
Commissioner Halas requests Board approval for payment to attend function serving a valid
public purpose to attend the Economic Development Council of Collier County Exclusive
Member Breakfast on Wednesday, April 12, 2006; $21,52 to be paid from Commissioner
Halas' travel budget.
4/11/20069:00:00 AM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
BCC Office
3/29/2006 2:54 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/30/20067:02 PM
_Ageocf"! Item No. 16H1
- ApnTl1 , 2006
Page 3 of 3
,,'r
11ie Ceaaersfiip if tlie
'T". - r_
-CO?Wml.c 1Jevewyment C01lncil" of CoO:rer County
Corar.a.{[y in:vites you to attend: an
'Exdusive :Mem.6er 1Jreak:f~t
On .Jtyri( 12, 2006
.;'."
-,
-
ECONOMIC DEVELOPMENT COUNal
OF COWER COUN1Y
NAPLes, FLORIDA
EVERGlADEs CITY . GOLDEN GAlC
IMMOKALEE . MARCO ISlAND
l'UuJ,se join T.DC 1Je"Mfactor,.J'O'I.t1I.ff.a.ti aruf'Premf.er members
for 'Breakfast
Specia! {iuest 'Presenter
Leslie :JCaaet; cli.atrmtm & CEO,
Source lnterlln.k.
1Jate:
'11me:
Spcmsor .J:.ocation;
1vedhesday, .7tprU12, 2006
7=30 - 9:00 a.m.
'I1ie :H"riton Napfizs
Slll TamiamiTrailNurtli
Napfes, Y.l. 341B3
.learn IiClW yuu can enJi.ance your m.emDer 6eru.fU:s
ana increase yalUaDfe exposwe for your company
wliire sunorttne tfie mostayna:m.ic 6ustness organfzat:itm f:n Coll'r.er County!
:RS'Y.P fry :Marcli 31." to :Maureen Cii:ristensen, TDC,
at 239-263-8989. Txt. 106
~"
Agenda Item No. 16H2
April 11, 2006
Page 1 of 3
,'--
EXECUTIVE SUMMARY
Commissioner request for Board approval for payment to attend function serving a valid
public purpose.
OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a
Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners
has determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTIONIEVENT: 3rd Annual Florida Tradeport Briefing and Barbecue in Immokalee, FL
,--.
PUBLIC PURPOSE: Meet and interact with business and community leaders to discuss the
workforce and labor market within the growing region of lmmokalee and Eastern Collier
County.
DATE OF FUNCTIONIEVENT: Friday, March 31,2006
FISCAL IMP ACT: $40.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend
function serving a valid public purpose.
PREPARED BY: Sandra Lea, Executive Aide to BCC
,'--
Agenda Item No. 16HZ
April 11, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H2
Meeting Date:
Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose, Attended the 3rd Annual Florida Tradeport Briefing and
Barbecue on March 31, 2006 at the Immokalee Regional Airport; $40,00 to be paid from
Commissioner Halas' travel budget.
4/11/20069:00:00 AM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
3f30/2006 1 :46 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/30/20067:07 PM
The Economic Development Council of
Col/ier County Cordially Invites
P~C,F:B\JED You to Attend The
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FLORIDA TUDEPORT
IMMOKAlEE, flORIDA · USA
BRIEFING &
BARBECUE
Friday, March 31,2006
10:00 a.m. - 12:00 noon - Briefing
12:00 noon - 2:00 p.m. - Barbecue
Immokalee Regional Airport
Immokalee, FL
~embers
$50.00 Non- Members
Do not miss this opportunity to attend the 3rd Annual Florida
Tradeport Briefing and Barbecue! This years event will feature
"Opportunity and Promise in Immokalee" and will focus on
the workforce and labor market within the growing region of
Immokalee and Eastern Collier County.
Please RSVP by Tuesday, March 28, 2006
By completeing the form provided
No cancellations refunded after RSVP date.
ECCNIJHK: tEVElO1'MENl' COt.H:I.
-cfColUerCCldyRoridl
Growing Great Ideas
Agenda Item No, 16H2
April 11, 2006
Page 3 of 3
Agenda Item No. 1611
April 11, 2006
Page 1 of 3
,...-
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 11, 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) March 4, 2006 through March 10, 2006.
(2) March 11, 2006 through March 17, 2006.
B. Districts:
(1) Heritage Greens Community Development District - Minutes of
November 7,2005; Agenda of November 7,2005.
,.-'
(2) Naples Heritage Community Development District - Minutes of
May 16, 2005; Agenda of May 16, 2005; Minutes of July 18,
2005; Agenda of July 18, 2005.
(3) Cedar Hammock Community Development District - Minutes of
October 10, 2005; Agenda of October 1, 2005.
C. Minutes:
(1) Pelican Bay Services Division MSTU - Agenda of Budget
Committee of March 22, 2006.
(a) Clam Bay Sub-Committee - Agenda of March 22, 2006;
Minutes of November 9, 2005.
(b) Budget Sub-committee - Minutes of February 15, 2006.
(2) Coastal Advisory Committee - Minutes of January 12, 2006.
".-
H:\DAT A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\041I 06 misc corresp.doc
Agenda Item No. 1611
April 11, 2006
Page 2 of 3
,-
(3) Vanderbilt Beach MSTU Advisory Committee - Agenda of April
6, 2006; Minutes of March 2, 2006.
(4) Parks and Recreation Advisory Board - Agenda of March 15,
2006; Minutes of March 15, 2006.
(5) Citizens Corps Advisory Committee - Minutes of Workshop of
February 15, 2006.
(6) Immokalee Beautification MSTU Advisory Committee - Agenda
of March 15, 2006; Notification of cancellation of February 15,
2006 meeting due to lack of quorum.
(7) Conservation Collier Land ACQuisition Advisory Committee -
Minutes of February 13, 2006.
,-..
(8) Development Services Advisory Committee - Agenda of March
1, 2006; Minutes of March 1, 2006; Agenda of February 1,
2006; Minutes of February 1,2006.
(9) Tourist Development Council- Agenda of March 27, 2006;
Minutes of February 27, 2006.
D. Other:
(1) City of Naples Community Redevelopment Agency - Annual
Report for FY ending September 30, 2005.
(2) Area Agency on Aging for Southwest Florida. Inc. -
Administrative Monitoring Report for Collier County Human
Services dated February 13, 2006.
,'--'
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\041106 misc corresp.doc
Agenda Item No. 1611
April 11, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
1611
Miscellaneous Correspondence to file for record with action as directed.
4/11/20069:00:00 AM
Prepared By
Sam Tucker Executive Aide to the BCC Date
Board of County
Commissioners BCC Office 3/30/20069:10:37 AM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
Com missioners BCC Office 3/30/2006 9:32 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 3/30/2006 8:06 PM
Agenda Item No. 16J1
April 11, 2006
Page 1 of 14
--
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 Saturnia 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: Satumia Lakes Homeowners Association, Inc. (hereinafter
Master Association), and the Collier County Sheriff's Office have negotiated the
attached Agreement. The Sheriffs Office will assume traffic control jurisdiction
over private roads within the Saturnia Lakes Subdivision. Representatives of the
Sheriff's Office have affirmed that traffic control of the Satumia 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 Sheriffs 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 Saturnia 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
,'---
Agenda Item No. 16J1
April 11 , 2006
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J1
Recommendation that the Board of County Commissioners Approve an Agreement
Authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private
Roads within the Saturnia Lakes Subdivision.
Meeting Date:
4/11/20069:00:00 AM
Prepared By
Kay Nell, CLA
Legal Assistant
Date
County Attorney
County Attorney Office
3/23/20064:36:09 PM
Approved By
Nancy Bradley
Legal Secretary
Date
County Attorney
County Attorney Office
3/29/2006 2:37 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
3/30/200610:52 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30/200611:16 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/30/20067:25 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/30/20067:47 PM
Agenda Item No, 16J 1
April 11, 2006
Page 3 of 14
AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
CONTROL JURISDICTION OVER ROADS WnHIN THE SUBDIVISION OF
SATURNIA LAKES HOMEOWNERS ASSOCIATION, INC.
THIS AGREEMENT is made and entered into this day of
,20--1 by and among the following three
parties: Saturnia Lakes Homeowners Association, Inc., 1310 Saturnia Grande
Drive, Naples, Florida 34119; 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 Ft
Naples, Florida 34112.
WHEREAS, all roads within the Saturnia Lakes subdivision (in unincorporated
Collier County) are private roads that are not owned or maintained by Collier
County; and
WHEREASt Sa~urnja Lakes Homeowners Associationt Inc., which is
responsible for maintaining and controlling the Saturnia Lakes subdivision, has
tendered to the Sheriff of Collier County a letter dated February 14, 2006,
attached hereto as Exhibit "A," requesting that the Collier County SherifFs Office
patrol the private roads within the Saturnia Lakes subdivision and exercise
jurisdiction over those private roads by enforcement of State and County traffic
laws; and
WHEREAS, Subsection 316.006(3)(a), Rodda 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
WHEREASt representatives of the Collier County SherifFs Office have
monitored traffic on private roads within the Saturnia Lakes subdivision and have
affirmed that traffic enforcement by the Collier County Sheriff's Office is
'. , t '...
Agenda Item No. 16J 1
April 11 , 2006
Page 4 of 14
appropriate, and has agreed to provide traffic control enforcement in the
geographic areas requested; and
WHEREAS, a private engineering firm representing the Saturnia Lakes
Homeowners Association, Inc., has provided the Sheriff of Collier County with
. notice that the signage for the Saturnia Lakes subdivision appears to be in
completed and in substantial 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 Saturnia Lakes 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
County 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
on or over private roads within the Saturnia Lakes subdivision, including
2
..
Agenda Item No. 16J 1
April 11. 2006
Page 5 of 14
such additional roads, if any, that may hereafter come into existence
within the Saturnia Lakes subdivision.
5. The parties recognize that all private roads within the Saturnia Lakes
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
Saturnia Lakes subdivision is the responsibility of the Saturnia Lakes
Homeowners Association, Inc., and/or other private property interests
within said subdivision.
6. For purposes of identification and geographic specificity, the Saturnia
Lakes subdivision is composed of the platted area described in Exhibit
"B" attached hereto.
7. The Collier County Sheriff's Office hereby reserves the authority under
this contract to enter into negotiations with Saturnia Lakes Homeowners
Association, Inc., 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 of the Board of County
Commissioners specifying that this Agreement is thereby terminated, or
this Agreement may be terminated in writing by the Saturnia Lakes
Homeowners Association, Inc.
9. The Saturnia Lakes Homeowners Association, Inc., shall hold harmless
and defend Collier County and the Collier County Sheriff, and their
agents and employees. from all suits and actions, including attorneys'
3
Agenda Item No. 16J 1
Apri) 11, 2006
Page 6 of 14
...
fees and all costs of litigation and judgments of any name and
description arising out of or incidental to performance under the terms of
this Agreement.
IN WITNESS WHEREOF, the Association, the Sheriff, and the County have
executed this agreement.
Signa re of First Witness
Chllt <::17 :.rABao ~),j
Print Name of First Witness
SATURNIA LAKES HOMEOWNERS
ASSOCIATION, INC. /-
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Date:
111~~ Wp~l
Print Name of Second Witness
WITNESSES:
~~
HIlIt'f {!OtlR.TRt6ftf
. Name of First Witnes
Date:.Jlp tJAT2- P t-.?
4
. . ,
Agenda Item No. 16J 1
April 11, 2006
Page 7 of 14
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLUER COUNlY, FLORIDA
Deputy Clerk
By:
FRANK HAlAS, Chairman
Approved as to form and
legal sufficiency:
~~ ~Jv-
Thomas C. Palmer
Assistant County Attorney
5
Agenda Item No. 16J1
April 11, 2006
prCE1lrrn r,.p;age~.pf f4
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- ~_._-----
SATURNIA LAKES HOMEOWNERS ASSOCIATION, INC.
1310 SATURNIA GRANDE DRIVE
NAPLES, FLORIDA 34119
239-591-1893 Fax. 239-591-8260
February 14,2006
Collier County Sheriff's Office
3301 East Tamiami Trail
Collier County Government Center, Building J
Naples, FL 34112
SUBJECT: Satumia Lakes Homeownen Assoeiation, Inc.
1310 Satumia Grande Drive
Naples, FL 34119
The Satumia Lakes Homeowners Association, Inc. hereby requests the Collier County
Sheriff's Office to enforce all County and State traffic control regulations within the
boundaries of the Saturnia Lakes subdivision. The Board of Directors of the Association
approved the request for this action to be taken without a meeting pursuant to Florida
Statutes 617.0821 and Section 4.14 of the Bylaws of Satumia Lakes Homeowners
Association, Inc. on December 9.2005.
Sincerely,
SATURNIA LAKES HOMEOWNERS
ASSOCIATION, INC.
Bt/.L:~~
Chris Halaschak. President
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EXHIBIT "An
Professionally Managed by
MMI of tbe Gulf Coast, Ine.
Email: smanager@swtla.rr.com.sdirector@swtla.rr.com.sadmin@swtla.rr.com
D'XT^[~C.
Agenda Hem No. 16J1
April 11. 2006
Page 9 of 14
c()...~St IIJ'':(,
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. Planning . Visualization
.Civil Engineering -Surveying & Mapping
May 5, 2005
Collier County Sheriffs Office
3301 Tarniami Trail East, Bldg. .1
Naples, FL 34112
Subject:
Saturnia Lakes Sign age
R W A, Inc. perfonued a site visit ou ~'Ialdi i 7, 2005 aud the site :;ig!J~g;,; "'-Pl.p:au.::d to be
completed in suhstantj31:'>~c'ord:m~e \vlth the approved subdjvj~:a()n c(lt'!';tr)J(~tion plans
Satumia Lakes Phase i, p;;::paJxt1 1}y -"VHSOI) Miller #03 I 66-0CJ1-0();J-FLFCP, Satumia
Lakes Phase U, prepared bY\\/JI;:(1n ;\.:1:]lef #0:116.)-002 .(101.FLFCP, ;,~1.j; .'::'m,.:mi.J Lakes
Phase III, prepared hy R\V:\, Tnl.:. if 0 t -i')266.n3.
If you have any 'ltic;';ij"n:-., r:ic:-,,,~ i:.:'.:i i'~r...;; io <.:onwct :::c :~r ~:'l:'-;;';:'~:.
Sincerely,
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Project E~gi"lc:~r 7 .
EXHIBIT "B"
N:\200I\OI-0266.03 Salumia Lakes - Phase III Subdivision\0004 (/enera] Consultation\05-03-05 letter to CC Sheriffs.doc
o 3050 North Horseshoe Drive, Suite 270. Naples, Florida 34104 - (239) 649-1509, fax: (239) 649.7056
o 1542 Carson Stree1, Fort Myers, Florida 33901 . (2:39) 278-5224, fax: (239) 278-5419
www.coosult-rwa.com
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Agenda Item No. 16J2
April 11, 2006
Page 1 of 3
,-.
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING
UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FISCAL YEAR 2007
EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATE THE
SHERIFF AS THE OFFICIAL APPUCANT, SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM
MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED, AND AUTHORIZE ACCEPTANCE
OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS.
OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application
for the fiscal year 2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff
as the official applicant, Sheriffs Office staff as grant financial and program managers. approve the grant application
when completed, and authorize acceptance of awards and associated budget amendments.
CONSIDERATIONS:
1. The CoRier County Commission has participated in valuable Edward Byrne Memorial projects for 17 years. The
Collier County fiscal year 2007 JAG Program allocation is $108,516.
2. The Sheriffs Office will seek continuing grants funds for third year payroll costs and miscellaneous expenses
totaling $108,516 for the Child Abuse/Sexual Predator Program.
3. Continued grant funds will be sought for fiscal year 2008. Should fiscal year 2008 grant funds not be available, the
projected cost for the position coming off of the grant Is $90,000.
4. Board approval is needed for. the Collier County Commission to continue in the capacity of local coordinator,
approve the Sheriff as the official applicant, the CCSO Finance Director as the grants' chief financial manager,
,,-... the CCSO Grants Coordinator as the grant contact person and grant program manager; approve the Sheriff's
Office's fiscal year 2007 grant application when completed, and to authorize acceptance of the awards and
associated budget amendments.
FISCAL IMPACT: None. No required match.
GROWTH MANAGEMENT: Approval of this item will have no impact on growth management.
RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government
for the 200612007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program local application, approve the
Sheriff as the official applicant, approve the CCSO Finance Director as the grants' chief financial manager and the
CCSO Grants Coordinator as the grant contact person and grant program manager, authorize the Board Chairman to
execute the Certification of Participation for eighteenth year funding, approve the Sheriffs Office fiscal year
200612007 grant application when completed, and authorize acceptance of the award and approve associated
budget amendments.
APPROVED BY:
Carol Golightly,
~
PREPARED BY:
Joy,
..---
DATE:
Agenda Item No. 16J2
April 11, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J2
Meeting Date:
Recommend that the Board of County Commissioners serve as the Local Coordinating Unit
of Government in the Florida Department of Law Enforcement's Fiscal Year 2007 Edward
Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the
Official Applicant, Sheriff's office staff as Grant Financial and Program Managers, approve
the Grant Application when completed, and authorize acceptance of awards and associated
budget amendments.
4/11/2006 9:00:00 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/31/20063:35 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/31/20064:54 PM
CERTIFICATE OF PARTICIPATION
Agenda Item No. 16J2
April 11, 2006
Page 3 of 3
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Date: April 11, 2006
Mr. Clayton H. Wilder
Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
This is to inform you that the Board of County Commissioners Accepts....!- Declines
- the invitation to serve as the coordinating unit of govemment in the Florida
Department of Law Enforcement's Edward Byme Memorial Justice Assistance Grant
(JAG) Program.
For purposes of coordinating the preparation of our appfication(s) for grant funds with
the Office of Criminal Justice Grants, we have designated the following person:
Name:
Title:
Jovce Houran
Grants Coordinator
E-mail address: Qrants(acoll iersnerifL net'
Agency: Collier County Sheriff's Office
Address: ~~m 'T'",mi",mi 'T'r",il F.;u:'1r. R]~_ .1-1. N"'pl~A. FL .14117
Telephone: 239-793-9346
Date: April 11, 2006
County:
Collier
Sincerely,
Chair, Board of County Commissioners
.II.....
a. .I.....,~~
II:
.ApJIR_u totorm~)agal tn1tt'~~
\}.- 'b~ ..~
"" .AlIln_t<<mtr At.mG1 .
Agenda Item No. 16J3
April 11, 2006
Page 1 of 3
,--
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF
AS THE OFFICIAL APPLICANT AND PROGRAM POINT-OF-CONTACT FOR THE UNITED
STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF JUVENILE
JUSTICE AND DELINQUENCY PREVENTION (OJJDP), FIELD-INITIATED DEMONSTRATION
PROGRAM GRANT, FOR THE SHERIFF TO ELECTRONICALLY SUBMIT THE APPLICATION
THROUGH TIlE FEDERAL GRANTS.GOV WEBSITE, AND FOR THE BOARD TO ACCEPT THE
GRANT WHEN AWARDED AND APPROVE BUDGET AMENDMENTS.
OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff as the official
applicant and point-of-contact for the United States Department of Justice, Office of Justice Programs, OJJDP
Field-Initiated Demonstration Program grant; for the Sheriff to electronically submit the application on the
Federal Grants.gov website; and for the Board to accept the grant when awarded and approve budget
amendments.
CONSIDERATION:
1. The Collier County Sheriffs Office has participated in juvenile delinquency prevention grant
programs for sixteen years.
2. This is the first year of the OJJDP Field-Initiated Demonstration Program.
3. The purpose of the OJJDP Field-Initiated Demonstration Program is to foster innovations and
advancements in juvenile justice related practices at the local, state, and tribal government levels as
part of the OJJDP's overall effort to support programs that enhance juvenile justice and delinquency
prevention. The Sheriffs Office application will request federal funds totaling $300,000 to support
the costs of a new juvenile delinquency program for two years. The funds will support the cost of
r- supplies, equipment and contractual services.
4. The OJJDP Field-Initiated Demonstration Program grant application must be submitted through
Grants.gov. The formal designee of the eligible jurisdiction is allowed to apply for funding.
5. Board approval is needed for: designation of the Sheriff as the official applicant and point-of-
contact for the OJJDP Field-Initiated Demonstration Program grant; for the Sheriff to electronically
submit the application through the Federal Grants.gov website; and for the Board to accept the grant
when awarded and approve budget amendments.
6. Grant funds will be sought to support program costs at the end of the two year grant period. If grant
funds are not available, costs will be included in the 2009 budget submission.
FISCAL IMPACT: There is no required local match.
GROWTH MANAGEMENT: Approval of this grant will have no impact on growth management.
RECOMMENDATION: That the Collier County Commission agrees to designate the Sheriff as the
official applicant and point-of-contact for the OJJDP Field-Initiated Demonstration Program grant; for the
Sheriff to electronically submit the application through the Federal Grants.gov website; and for the Board to
accept the grant when awarded and approve budget amendments.
"........
DATE:
PREPARED BY:
~~
APPROVED BY:
Agenda Item No. 16J3
April 11, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J3
Recommend that the Board of County Commissioners designate the Sheriff as the Official
Applicant and Program Point-of-Contact for the United States Department of Justice, Office
of Justice Programs, Office of Juvenile Justice and Delinquency Prevention (OJJDP), Field-
Initiated Demonstration Program Grant, for the Sheriff to electronically submit the application
through the Federal Grants.Gov website, and for the Board to accept the Grant when
awarded and approve budget amendments.
Meeting Date:
4/11/20069:00:00 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/3/2006 10:55 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
413/20061 :19 PM
Agenda Item No. 16J3
April 11, 2006
Page 3 of 3
Collier County Sheriff's Office
Aprilll, 2006 Consent Agenda Item
Re: Field Initiated Demonstration Program Grant
ATTACHMENT ~ TO BE INCLUDED IN THE AGENDA -for OMB inforllUltion only
The costs for potential continuing contractual services for the year after the grant ends :2009) are
proiected to be $150.000. If the program is continued. grant funds will be sought to su Dort these
costs. If grant funds are not available. funds will be reauested in our annual budget request.
hIxs fidp 06
Agenda Item No. 17 A
April 11 , 2006
Page 1 of 5
.-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners of Collier County,
Florida, adopt an Ordinance amending Section 74-308 (g) of Chapter 74 of the
Collier County Code of Laws and Ordinances, as amended, which is the Collier
County Consolidated Impact Fee Ordinance, No. 2001-13, providing for a change in
the implementation date for the annual indexing adjustments to the Correctional
Impact Fee rates in order to meet the implementation deadline of July 1, 2006 set
forth by proposed legislation.
OBJECTIVE: That the Board of County Commissioners (Board) adopt an Ordinance
amending Section 74-308 (g) of Chapter 74 of the Collier County Code of Laws and
Ordinances, as amended, which is the Collier County Consolidated Impact Fee
Ordinance, No. 2001-13, providing for a change in the implementation date for the
annual indexing adjustments to the Correctional Impact Fee rates, from on or about
November 1, 2006 to commence on or about May 1, 2006, in order to meet the
implementation deadline of July 1,2006 set forth by proposed legislation.
,,--.
CONSIDERATIONS: Collier County has used impact fees as a funding source for
growth-related capital improvements related to Correctional Facilities since June of 1999.
On September 27, 2005, the Board of County Commissioners adopted Ordinance No.
2005-47, establishing the current Correctional Impact Fee rates and annual indexing
methodology. The annual indexing was scheduled to be implemented on or about
November 1, 2006.
Since the adoption of the revised Correctional Impact Fee and study, legislation has been
proposed for the 2006 Legislative Session which provides statutory authority with respect
to impact fees and the administration of such funds. This type of oversight currently falls
under the County's broad Home Rule Authority. However, enactment of this proposed
legislation will have a direct effect on Collier County, possibly as soon as July 1, 2006.
Current draft legislation does provide a limited "grandfather clause" for those impact fees
adopted prior to July 1, 2006, allowing such fees to remain effective until July 1, 2008, at
which time all impact fees must fully comply with the new law.
,,--.
Given the pending July 2006 possible "grandfather" date, it is in the best interest of
Collier County to update the Correctional Impact Fee, in accordance with the adopted,
prescribed methodology as the County has experienced rapid and dramatic increases in
construction costs since the adoption of Ordinance No. 2005-47. Staff recommends that
upon adoption of this Ordinance that the requisite changes to the Correctional Impact Fee
be calculated and upon completion be presented to the Board of County Commissioners
as an Advertised Public Hearing. It is anticipated that the indexed Correctional Impact
Fee rates will be presented to the Board of County Commissioners on May 9, 2006 with
staff recommending a delayed implementation date of June 30, 2006.
Correctional Facilities
Page 2
Agenda Item No. 17 A
April 11, 2006
Page 2 of 5
,-..
FISCAL IMP ACT: The Correctional Impact Fee provides financial resources for the
construction and/or expansion of public correctional facilities and capital equipment
required to accommodate growth. While the proposed change to Section 74-308 of the
Code does not have a direct effect on capital project funding, it will allow the
Correctional Impact Fee to be indexed, in accordance with the prescribed methodology,
in order to offset the additional funding requirements necessitated by growth-related
capital improvements.
GROWTH MANAGEMENT IMP ACT: This change is consistent with Objective 1.2
of the Capital Improvement Element (CYE) of the Collier County Growth Management
Plan (GMP), which states: "Future development will bear a proportionate cost of facility
improvements necessitated by &'Towth."
LEGAL CONSIDERATIONS: The proposed change to Section 74-308 (g) of Chapter
74 of the Collier County Code of Laws and Ordinances is legally sufficient for Board
consideration and approval.
~
RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance
amending Section 74-308 (g) of Chapter 74 of the Collier County Code of Laws and
Ordinances, as amended, which is the Collier County Consolidated Impact Fee
Ordinance, No. 2001-13, providing for a change in the implementation date for the
annual indexing adjustments to the Correctional Impact Fee rates, from on or about
November 1, 2006 to commence on or about May 1, 2006, in order to meet the
implementation deadline of July 1, 2006 set forth by proposed legislation.
Prepared by: Amy Patterson, Impact Fee/ Economic Development Manager,
Financial Administration and Housing, CDES
..---
Agenda Item No. 17 A
April 11, 2006
Page 3 of 5
ORDINANCE NO. 2006-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLmR COUNTY, FLORIDA, AMENDING SECl'ION 74-308 (g) 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 A CHANGE IN THE
IMPLEMENTATION DATE FOR THE ANNUAL INDEXING
ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES;
PROVIDING FOR CONFLICT AND SEVERABllXfY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 22, 1999, the Board of County Commissioners adopted
Ordinance No. 99-52, the Collier County CoITeCtional Facilities Impact Fee Ordinance, thereby
establishing the County's then applicable CoITeCtional Facilities Impact Fee rates; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superceding all of the County's then existing impact fee regulations, and consolidating all of
the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the
Collier County Code of Laws and Ordinances (the "Code"), and incorporating the
aforementioned Correctional Facilities Impact Fee rates that had been established by the
adoption of Ordinance No. 99-52; and
WHEREAS, on September 27, 2005, the Board of County Commissioners adopted
Ordinance No. 05-47, thereby updating the Correctional Facilities Impact Fee rates through
the formal update study process; and
WHEREAS, Ordinance No. 05-47 also set forth an indexing methodology to be
imposed annually in an equitable and non-discriminatory manner; and
WHEREAS, the annual indexing was scheduled to be implemented on or about
November 1, 2006; and
WHEREAS, Collier County has experienced a rapid and dramatic increase in costs of
construction and property acquisition, well above the national average, since Ordinance 05-47
was adopted; and
WHEREAS, provisions in proposed legislation will allow for impact fees adopted
prior to July 1,2006, to remain in effect until July I, 2008, at which time they must fully
comply with all new provisions of law; 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, given the rapid increases of costs. the annual indexing of the Correctional
Facilities Impact Fee should be prepared early in order to meet the deadline established by the
proposed legislation; and
WHEREAS, this action will allow Collier County to continue to provide for capital
improvements to the Correctional Facilities system necessitated by growth.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1lIIIli:I:IIIIa-1I added; ~$"'''.''' _iaddolJ::d
Agenda Item No. 17 A
April 11, 2006
Page 4 of 5
SECTION ONE. Article ill, Special Requirements for Specific Types of Impact Fees. Section
74-308. Special requirements for Correctional impcu:t fee, of the Collier County Code of Laws
and Ordinances is hereby amended to read as follows:
Section 74-308.
Special Requirements for Correctional impact fee.
...
(g) Annual Mid-Cycle Correctional Impact Fee Rate Indexing. Beginning on November
1, 2005, the County shall commence a three-year Correctional Impact Fee update cycle
pursuant to Subsections 74-20 1 (b) and 74-S02(a) of the Code. In each of the two (2)
mid-cycIe years (between the formal three-year updates) beginning on or about
~1e'fefBeer 1, 2006 May 1. 2006. the County shall implement adjustments to the
correctional impact fee rates based upon the building cost index provided by the
Engineering News-Record. Mid-cycle indexed rate change adjustments will be adopted
by a Resolution of the Board pursuant to Subsection 74-201(b) of this Chapter.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions in Section One of this Ordinance shall be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or re-lettered and internal cross-references amended throughout to accomplish
such. and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall be effective immediately upon filing with the Florida Department
of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of April. 2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COUJER COUNIY. FLORIDA
By:
. Deputy Oerk
By:
FRANK HALAS. Chairman
Approved as to form
an eg sufficiency:
, ..~
/,
~
. Klatzkow
.'. County Attorney
,
~mxt it added; SIN.. "'up text iI dddl:d
~2of2
Agenda Item No. 17 A
April 11, 2006
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
17A
Recommendation that the Board of County Commissioners of Collier County, Florida. adopt
an Ordinance amending Section 74-308 (g) of Chapter 74 of the Collier County Code of Laws
and Ordinances, as amended, which is the Collier County Consolidated Impact Fee
Ordinance, No. 2001-13, providing for a change in the implementation date for the annual
indexing adjustments to the Correctional Impact Fee rates in order to meet the
implementation deadline of July 1, 2006 set forth by proposed legislation.
4/11/20069:00:00 AM
Item Number:
Item Summary:
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & HOllsing
3/24/200612:53:53 PM
Approved By
Denton Baker
Financial Admin & Housing Director
Date
Community Development &
Environmental Services
Financial Admin. & Housing
3/27/20061:34 PM
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Constance A. Johnson
3/28/20062:14 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/28/2006 4:39 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
3/29/2006 8:56 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/29/20064:12 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/30/2006 4:56 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/30/2006 6:59 PM
Agenda Item No. 178
April 11, 2006
Page 1 of 6
-
EXECUTIVE SUMMARY
Recommendation to approve Petition A VPLA T2005-AR8683 to disclaim, renounce and
vacate the County's and the Public's interest in a 7.5 foot utility easement located along
the east line of Lot 50 and the east line of the north 55 feet of Lot 11 and the 5 foot wide
utility easement located along the north 5 feet of Lots 11 and 12 and along the south 5
feet of Lots 49 and 50, all Block 61 according to the plat of "Naples Park Unit No.5" as
recorded at Plat Book 3, Page 14, Public Records of Collier County, Florida, located in
Section 28, Township 48 South, Range 25 East.
OBJECTIVE:
To adopt a Resolution to vacate the 7.5 foot utility easement located along the east line of Lot
50 and the east line of the north 55 feet of Lot 11 and to vacate the 5 foot wide utility easement
located along the north 5 feet of Lots 11 and 12 and along the south 5 feet of Lots 49 and 50, all
Block 61, according to the plat of "Naples Park Unit No.5".
CONSIDERATIONS:
Petition AVPLAT2005-AR8683 has been received by the Engineering Services Department from
Robert K. Lockhart, P.E. as agent for the petitioners, Nicolo and Domenico Lagrasta the current
owners of the subject properties. The easements are being requested to be vacated so that the
petitioners can construct a commercial building on the site.
,--.
Letters of no objection have been received from:
Collier County Public Utilities Division
Collier County Engineering Services
Florida Power and Light Company
Sprint United Telephone
Comcast Cable TV
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
___- There are no historical or archaeological impacts.
Agenda Item No. 17B
April 11, 2006
Page 2 of 6
--
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents.
RECOMMENDATIONS:
1. Adopt the Resolution for Petition AVPLAT2005-AR8683 for the vacation of the 7.5 foot
wide utility easement located along the east line of Lot 50 and the east line of the north
55 feet of Lot 11 and for the vacation of the 5 foot wide utility easement located along the
north 5 feet of Lots 11 and 12 and along the south 5 feet of Lots 49 and 50, all Block 61,
according to the plat of "Naples Park Unit No.5"; and
2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to
record a certified copy of the Resolution in the Public Records; and
3. Request that the Clerk to the Board make appropriate marginal notes regarding this
action on the recorded plat.
,--
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
,,-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17B
April 11, 2006
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
This item requires that all participants are sworn in and ex-parte disclosure be provided by
Commission members. Petition AVPLAT2005-AR8683 to disclaim. renounce and vacate the
County's and the Public's interest in the 7.5 foot wide utility easement located along the east
line of Lot 50 and the east line of the north 55 feet of Lot 11 and in the 5 foot wide utility
easement located along the north 5 feet of Lots 11 and 12 and along the south 5 feet of Lots
49 and 50, all in Block 61, according to the plat of "Naples Park Unit NO.5" as recorded in
Plat Book 3, Page 14, Public Records of Collier County, Florida, located in Section 28,
Township 48 South, Range 25 East.
4/11/20069:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Approved By
Engineering Services
3/14/20062:43:00 PM
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
Approved By
COES Engineering Services
3/15/20062:41 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3f28/2006 12:47 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3f29/2006 6:49 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/29/20064:06 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3f30/2006 3:44 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/30/2006 7:56 PM
Agenda Item No. 178
April 11, 2006
Page 4 of 6
RESOLUTION NO. 2006-__
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, FOR PETITION AVEPLAT2005-
AR8683, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S
AND THE PUBLIC'S INTEREST IN THE 7.5-FOOT WIDE UTILITY
EASEMENT ALONG THE EAST LINE OF LOT 50 AND THE EAST
LINE OF THE NORTH 55 FEET OF LOT 11, THE 5-FOOT WIDE
UTILITY EASEMENT ALONG THE NORTH LINE OF LOTS 11 AND
12, AND THE 5-FOOT WIDE UTILITY EASEMENT ALONG THE
SOUTH LINE OF LOTS 49 AND 50, ALL IN BLOCK 61, NAPLES
PARK UNIT NO.5, ACCORDING TO THE PLAT THEREOF'
RECORDED IN PLAT BOOK 3, PAGE 14, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AND LOCATED IN
SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Robert K. Lockhart, P.E.. as
agent for petitioners, Nicolo and Domenico LaGrasta, the Managers of Mind Investments of
Florida L.L.c., does hereby request the vacation of the 7.5-foot wide utility easement along the
east line of Lot 50 and the east line of the north 55 feet of Lot I I, the 5-foot wide utility
easement along the north line of Lots 11 and 12. and the 5-foot wide utility easement along the
south line of Lots 49 and 50, all in Block 61, Naples Park Unit No.5, as recorded in Plat Book
3, Page l4 of the Public Records of Collier County, Florida; and
WHEREAS, the Board of Collier County Commissioners has this day held a public
hearing to consider vacating said utility easements, more particularly described in Exhibit "A",
and notice of said public hearing to vacate was given as required by law: and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the 7.5-foot wide utility easement along the east line of Lot 50 and the cast line
of the north 55 feet of Lot I I, the 5-foot wide utility casement located along the north line of
Lots II and 12, and the 5-foot wide utility easement along the south line of Lots 49 and 50, all
in Block 61, Naples Park Unit No.5, as recorded in Plat Book 3, Page 14 of the Public Records
of Collier County, Florida, more particularly described in Exhibit "A" attached hereto and
incorporated herein, are hereby vacated, extinguished, renounced and disclaimed, and this action
is declared to be in the Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution in the Official Records of Collier County, Florida, and to make
proper notation of this vacation on the recorded plat as referenced above.
This Resolution adopted after motion, second and majority vote favoring same, this
_ day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By;
, Deputy Clerk
By:
PRA.!'Il'K HALAS. Chairman
Agenda Item No. 178
April 11, 2006
SCA7~'" 5.?'WILLIAM McALEAR LAND SURVEYING INC~ge50f6
P.O. Box 9732 Naples, FL 34101-9732
Telephone: (941) 597-7428
Fax: (941) 597-~803
Easements to be vacated:
EXHIBIT "A"
SHEET I OF I
A VPLA T2005-AR8683
The East 7.5"feet of Lot 50 and the East 7.5 feet of the North 55 feet of Lot 11,
Block 61, Naples Park Unit No.5 as recorded in Plat Book 3 Page 14 of the
Public Records of Collier County, Florida
And
The South 5.0 feet of Lots 49 and 50 and the North 5 feet of Lots 11 and 12 of
Block 61, Naples Park Unit No.5 as recorded in Plat Book 3 Page 14 of the
Public Records of Collier County. Florida.
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GULF OF MEXICO
Agenda Item No. 17C
April 11 , 2006
Page 1 of 6
.-
EXECUTIVE SUMMARY
Request that the Board of County Commissioners adopt an ordinance to amend Ordinance
No. 75-11 regulating commercial carnivals and exhibitions.
OBJECTIVE: To have the Board of County Commissioners consider an amendment to
Ordinance No. 75-11 which would allow administrative versus Board of County
Commissioners approval of carnival operation permits.
CONSIDERATIONS: The current ordinance requires Board of County Commissioners
approval at a public hearing for the issuance of all carnival operation permits. Frequent
late applications for these permits cause problems in advertising and scheduling the
required Board hearing, in some cases threatening postponement or cancellation of a
widely-advertised event, including events sponsored by the County. Board approval of
these permits has consistently been granted, and the items always appear, and remain, on
the Consent Agenda.
,-..
Amending this ordinance to allow administrative approval would greatly expedite and
simplify the process, reducing the processing time for staff and applicants, and eliminating
the possibility that the event could be held prior to approval of the permit. At the same
time, all of the requirements and safeguards for permitting would remain in place exactly
as they are now, and would be reviewed by staff prior to approval exactly as they are now.
The sole change would be to make approval of the permits administrative.
FISCAL IMP ACT: The proposed change would reduce staff hours spent preparing the
executive summary, and would eliminate advertising costs associated with the public
hearing.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: None.
RECOMMENDATION: That the Board of County Commissioners approve the
amendment to Ordinance No. 75-11 to allow for an administrative approval of carnival
operation permits.
"'~"'~
Prepared by: Ross Gochenaur, Senior Planner
Department of Zoning and Land Development Review
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17C
April 11, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
Request that the Board of County Commissioners adopt an ordinance to amend Ordinance
No. 75-11 regulating commercial carnivals and exhibitions.
4/11/20069:00:00 AM
Prepared By
Glenda Smith
Community Development &
Environmental Services
Operations Analyst
Date
Approved By
Zoning & Land Development Review
3/20/20069:51 :04 AM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
3/28/2006 2:07 PM
Jeff Klalzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/28/2006 4:40 PM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
3/29/2006 9:50 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/30/20065:21 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/31/20068:23 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/31/20068:41 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/31/2006 9:28 AM
Agenda Item No. 17C
April 11, 2006
Page 3 of 6
ORDINANCE NO. 2006-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 75-U, AS AMENDED, WIDCn
REGULA TES COMMERCIAL CARNIVALS AND
EXnmITIONS, IN ORDER TO BETTER CONFORM TO
DEFINITIONAL SECTION 10.26 OF THE CODE OF LAWS
AND ORDINANCES; INCREASE THE TIME TO SUBMIT A
PERMIT FROM 20 TO 30 DAYS; ALLOW SUBMITTAL OF A
PERMIT APPLICATION TO A DESIGNEE OF THE COUNTY
MANAGER; CHANGE THE FEE FROM $50.00 TO AN
ADOPTED FEE SCHEDULE; DELETE THE REQUIREMENT
FOR SUBMITTAL OF A SOCIAL SECURITY NUMBER;
PROVIDE FOR ADMINISTRA TIVE APPROVAL OF A
PERMIT; PROVIDE FOR CONFLICT AND SEVERABILITY;
PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDE AN EFFECTIVE DATE.
WHEREAS, on March 8, 1975, the Board of County Commissioners adopted Ordinance
No. 75-11, which regulated commercial carnivals and exhibitions, which is codified in Chapter
10, Article II of the Collier County Code of Laws and Ordinances; and
WHEREAS, on December 30, 1980, the Board of County Commissioners adopted
Ordinance No. 80-114, which amended Ordinance No. 75-11 by adding to the definitions the
County Manager; and
WHEREAS, the Board of County Commissioners wishes to allow for the County
Manager, or his designee, to administratively process Carnival permits, and to revise the $50.00
fee established in 1975 to an adopted fee schedule, which can be modified from time to time.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Section One of Ordinance No. 75-11, as previously amended is hereby
amended to read as follows:
1. Definitioni,. ofa Carnival:
Carnival Far tHe f'l:IFflese af tHis Offiiaanee the weni "eamh'aJ" shall ~ 96 Elefiaea as
any activity whether private or commercial characterized by such activities as menageries; a
circus, sideshow performances, ferris wheels and other ride activities, food and drink dispensing
facilities; booths for the conduct of games of skill and chance; and freak. and similar novelty
shows not prohibited by State law to be open to the public for an admission or participation fee.
County Mana!!er meanli the County Manager or his designee.
2. Carnival or Exhibition, Prior Permit Required, Definition:
It shall be unlawful for any person, firm, corporation or association to conduct; or allow
to be conducted on property he or it controls, has a right to or purports to control; a carnival or
exhibition as defined herein without first obtaining a permit therefore in accordance with this
Ordinance.
Application and Fee for Permit. A minimum of t':/ea~ (20) thirty (30) days before
occupying the carnival or exhibition site an application for permit shall be submitted to the
Agenda Item No. He
April 11, 2006
Page 4 of 6
County Manager or his designee in four (4) copies accompanied by:
a. A surety bond in the penal sum of $2,500.00, issued by a company authorized to
issue such bonds in Florida, conditioned upon the operator complying with each
provision of this Ordinance and subject to forfeiture under the terms provided in
Paragraph & 2 herein below.
b. Evidence of current public liability insurance coverage, issued by a company
authorized to do business in Florida, in the minimum amount of $100,000 for anyone
person and $300,000 for anyone incident.
c. A non-refundable fee af $50.00 in accordance with the current adooted fee
schedule.
d. A current occupational license issued by the Collier County Tax Collector, and
e. Including the following information:
1) The name and headquarters address(es) of the carnival or exhibition
company(ies) with a direct or indirect financial interest; name(s) and address(es) of
any sponsoring organization(s), and the name and local address of the applicant
representing the carnival or exhibition company(ies);
2) A description of tbe every activity to be conducted such as but not limited
to, menageries; circus and side-show performances; amusement, merry-go-round
and other ride activities; food and drink dispensing facilities; booths for conduct of
games of skill or chance not prohibited by State law to be open to the public for an
admission or participation fee and number of persons to operate the activities;
3) Name, and identification lIfia seeial seeurity Rameer of each person
accountable for the operation of each activity;
4) A description and sketch of the site showing the location of each activity
proposed, the location and number of sanitary facilities; parking facilities, and
provision for lighting and public water;
5) Application for Food Establishment Operating Permit from the County
Health Department as required by Ordinance 74-45;
6) The plan for refuse, garbage, debris, and sewage disposal during and after
operation of the circus or exhibition;
7) Provisions for traffic control, fire safety and security precautions;
8) The date and time each activity is to be conducted and concluded;
9) Written approval from the owner of the property authorizing the use of his
premises for such carnival activity.
3. The County Manager or his designee shall review the application and forward one
(1) copy to the Sheriff and one (I) copy to the Health Department for review, comment and
return within seven (7) calendar days to the Department of Zoning and Land Development
Review t8 plaee ~e Rpplieati8R aR ~e .\geRela af ~e Rei{t regalllf meetiRg af the Ba8fd Elf
CO\:lRty CElmmissiaRefs for approval or disapproval.
4. Standards and Approval:
The Bellfd sf CeuRty Cammissieaers County Manal!:er or his desilplee shall approve or
disapprove issue of the permit based upon the following criteria:
a. Health Department tentative approval of the sanitary facilities and food service
equipment specified in the application based upon regulations of the County Health
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Agenda Item No. ~7C
April 11, 2L106
Page 5 Of 6
Department, including an application as required in Ordinance 74-45.
b. Sheriff's Office review and approval of the petition including but not limited to
the provisions made for traffic and crowd control. A minimum of one (1) person
qualified as a police officer, sheriff or a licensed private investigator of the State of
Florida shall be provided for each five hundred (500) patrons in attendance. Such
provision shall be at the expense and cost of the petitioner.
c. The availability of a minimum of one (1) parking space for each five (5) patrons.
Such parking space shall be provided on the same property on which the carnival
activities are to be conducted or on contiguous lands approved by the owner for such
use.
d. The validity of the surety bond in the amount of $2,500.00 conditioned upon
compliance with this Ordinance.
e. A permit may be denied for failure to comply with any criterion hereinabove.
f. Issue of the permit shall authorize the persons listed in the application to engage
in the activity indicated therein excluding any violation of Federal, State or Local law.
g. Duration of Permit. The duration of the permit shall not exceed five (5)
calendar days.
6. Duty of the Carnival or Exhibition Operator(s), Sponsor(s) and Owner(s)' Bond
Forfeiture for Non-Compliance.
a. The operators, sponsors and owners of the carnival or exhibition shall each be
cumulatively and severally responsible for each person operating each activity,
complying with each term of this Ordinance, maintaining order at all times and for
maintaining the premises free of trash, paper, garbage and debris.
b. No ride shall be placed in operation for public use prior to inspection and
approval by the County Manager. or his desilmee. that the public is protected from
potential hazards such as broken or exposed belts, gears and switches.
c. No food service shall be placed in operation for public use prior to inspection
and approval by the County Health Department and the issuance of a permit to operate.
d. Representatives of the Sheriff's Department and any other County official
having official business pertaining to the enforcement of these regulations, shall upon
identification of his person, be admitted to the premises and any activity without charge
to conduct inspections and assist the Operator meet his responsibilities under this
Ordinance.
7. The County Manager or his designee is authorized to release the surety bond only
after verification that the operator has complied with each term of this Ordinance including the
removal of trash and debris from the premises and the restoration of all sanitary facilities to a
condition existing at the time the permit was issued.
8. Waiver of Requirements.
Upon recommendation of the County Manager, the Board of County Commissioners
may grant a waiver from the requirements of this Ordinance for the issuance of a permit to a
church, eleemosynary, or other non-profit organization.
9. Violations, Penalties and Remedies.
Any violation of or deviation from any condition or provision, plan, description or
identification or any activity or person of a material misrepresentation in the application for a
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Agenda Item No. ~7C
April 11, 2'f06
Page 6 ~f 6
permit; or the failure of any person operating any activity associated with the carnival or
exhibition to comply with each provision of this Ordinance, shall be upon written notice from
the County grounds for immediate revocation of the occupational license and cessation of the
activities and for the forfeiture of the $2,500.00 penal bond required hereinabove after hearing
by the County Court in addition to any other remedy or penalty provided by law. Each
violation shall constitute a separate offense.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance
is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions.
SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall be effective subject to filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of , 2006.
A'ITEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRANK HALAS, Chairman
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